Iowa Supreme Court rules in sex offender treatment case

6-11-2010 Iowa:

The Iowa Supreme Court ruled today that two prisoners enrolled in mandatory sex offender treatment were denied their due process rights when the prison officials stopped crediting them with “earned time” to shorten their sentences.

Both men were required to serve more time behind bars when they stopped participating in the treatment program, for different reasons.

One of the inmates, John Dykstra, refused to participate in the program because he had not admitted to a sex crime in his plea deal, according to the opinion.

Dykstra had been charged with third-degree sexual abuse and dependent adult abuse for allegedly forcing oral sex on his wife, who lived in a nursing home because of multiple sclerosis. Dykstra plea-bargained the sex charge down to simple assault.

The other inmate, Rory Reilly, was removed from the treatment program after he failed a polygraph test. Reilly was convicted of lascivious acts with a child.

Their lawyer, Phillip Mears of Iowa City, said the ruling’s impact on the sex offender treatment program was unclear. Mears argued that the use of a polygraph results to deny “earned time” credit violated his clients’ rights.

“In both cases, the Court indicated you have a right to certain protective procedures, but not necessarily in all circumstances,” Mears said.

Prisoners generally earn one day of “early release credit” for every day they serve, Mears said. An inmate sentenced to 10 years, for example, would realistically serve about 5 years with good behavior if there was no mandatory minimum.

Dykstra and Reilly were denied their earned time when their sex offender treatment stopped, which effectively doubled the time left on their sentence.

Dykstra’s sentence, as a result, was extended more than two years – from Jan. 20, 2008, to May 12 this year.

Reilly had been scheduled for release on March 20, 2008, when he was enrolled in the program. His release was postponed until June 13, 2010 after he was removed. He was later reinstated in the program, and his release date was moved to May 27, 2008, which added two months to his original sentence.

A third inmate who challenged his sentence, Kenneth Waters, lost his claim before the Iowa Supreme Court. Waters, who was serving time for assault with intent to commit sexual abuse and operating while intoxicated, argued unsuccessfully that he had already served his time on the assault charge.

Read all the opinions here. ..Source.. by Grant Schulte