Sex offender not entitled to credit for time in ankle braclet, appeals court rules

1-11-2010 Iowa:

The Iowa Court of Appeals today rejected a sex offender’s claim that he should he receive prison credit for the time he spent wearing an electronic ankle bracelet while on probation.

Michael L. Anderson argued that the time he spent under electronic surveillance at his home should count toward his two five-year prison terms for enticing a minor in Story County.

A judge ordered Anderson to serve the sentences back-to-back in April 2004, after he entered an Alford plea, but suspended the sentences and allowed Anderson to serve probation for both counts.

An Alford plea allows criminal defendants to acknowledge that prosecutors have enough evidence to prove their case, without admitting guilt.

Anderson underwent sex offender treatment at a residential facility Marshalltown, and was released on March 5, 2005. The conditions of his probation allowed him to live at home with a curfew, work, and run errands as long as he wore an ankle monitoring bracelet.

Anderson’s probation for the two charges was revoked in March 2006, when authorities found a naked 16-year-old girl hiding under a bed in his home. The Iowa Department of Corrections credited him for his stint at the residential facility, but not the time spent at home.

Anderson argued that the time he spent under surveillance at home amounted to house arrest. The Iowa Court of Appeals decision upheld a district judge’s ruling that denied his claim.

“Anderson’s time wearing an electronic monitoring device does not rise to a level of loss of liberty that can be equated with incarceration,” Judge Terry Huitink wrote. “The facts of this case show Anderson’s activities were not restricted to any great extent.”

In a dissent, Judge Richard H. Doyle said Anderson should have received credit because he still was under the supervision of the Department of Corrections.

Doyle agreed with the rationale used in the majority opinion, but placed more weight on a different part of state law that allows electronic monitoring as one option for inmates on work release. He pointed to a provision that says defendants “so committed . . . shall be given credit for time served.”

Geoff Greenwood, a spokesman for the Iowa Attorney General’s office, said today’s ruling affirmed the arguments set forth by state lawyers on appeal.

“We think this ruling validates our argument that the statute requires that inmates receive credit for time served only when they serve their time in a detention facility or a residential treatment facility,” Greenwood said.

Anderson’s attorney, Assistant Appellate Defender Patricia Reynolds, said she planned to seek further review from the Iowa Supreme Court.

Anderson, 42, is serving his time at the Iowa Medical and Classification Center at Oakdale. He also has 1998 convictions for two counts of lascivious acts with a child, with a victim younger than 14. ..source.. by Grant Schulte

Read More of Article...

Article Summary only...