Legal Question in Criminal Law in Iowa

In Jan. 2003 a friend was sentenced on two counts, the first was a 10 year sentence with an 85% minimum and a restriction of work release as the first step in the parole process .The second was a straight 10 year. They were to be served consecutively.

My friend went to work release in July 2010, was paroled in March 2011 and had parole revoked March. 2012 and was returned to prison on a 2 years owi, which discharged November 2012. My friend has been granted a gradual release (30 day work release) but is being told that parole was not considered- but must return to work release because the 10/85 crime which requires a work release. This hearing was held July 2013 and I just can't understand how a 10 year sentence could still be in effect 10 years and 7 months later. Also the DOC says the first count (10/85) does not discharge until 2016.

My friend is asking when the first count discharged, and assuming it could not have been any later than Jan. 2013, 10 years after sentencing, but has been told that is not correct because it was a they consider it only as a 20 year sentence.

We understand the Parole Board can do what they feel is best, we are only trying to find out which sentences are active and which have discharged because the second count cannot begin accumulating good time until the first discharges. Do two 10 year sentences served consecutively both discharge in 20 years(not taking earned time into account) or does one discharge and then the other start. And can the Board impose standards for release based on a sentence that has discharged. Again, we realize the Board is within their rights to make any decision they see fit and can keep someone in prison for the entire sentence, I am only trying to figure out if that first sentence is gone.

Sorry for the confusing language, but I don't want my friend to suffer for me questioning the procedures.

Asked on 8/26/13, 8:27 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Try putting this into three sentences and resubmit. It's far too complicated.

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Answered on 8/28/13, 9:35 pm

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