This is just unbelievable, if he was out in the community the petition could not be brought against him. Proof that there are separate court rules for sex offenders!
7-17-2009 Iowa:
DES MOINES, Iowa (AP) - The Iowa Supreme Court says even though a convicted sex offender was mistakenly still in prison, a hearing to commit him indefinitely as a sexually violent predator can move forward.
The case involves Galen Shaffer, who was convicted in 1995 of 3 counts of second-degree sexual abuse.
The Black Hawk County District Court found that Shaffer's rights were violated because corrections officials used laws approved after his incarceration to calculate his release date. It dismissed the state's petition for civil commitment, calling it untimely because it came after he should have been released.
However, the Supreme Court found the state was keeping Shaffer confined "under a good faith belief" and reversed the district court decision.
The case is being returned for more proceedings. ..Source.. by KTIV4.com
July 17, 2009
IA- Iowa Supreme Court rules against sex offender
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2 comments:
There are really two separate issues in play here. The indefinite detention matter does not relate to the other.
Here's a more detailed article about this matter:
http://preview.tinyurl.com/moy8c6
In spite of what our commenter Jaguar shows us the man was FIRST held illegally past his out date and that should have taken precedence -in retrospect- over when the prosecutor filed for civil commitment hearing. However, with that said, we can only SPECULATE that the prosecutor would have timely filed his petition. It would be nice to know, if the prosector's past filings were -ALWAYS- timely filed? If even ONCE the prosecutor was untimely that alone would raise reasonable doubt,the inmate should prevail...
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