Case No. 20-0375

Travis Bomgaars, Kyle Cross, Anthony Gomez, James Hall, Raymond Labelle, Shane Millett, and Kelly Sand
v.
State of Iowa

This appeal arises from a consolidation of seven postconviction cases where the seven inmates (petitioners) raise claims based on an alleged failure of the Iowa Department of Corrections (IDOC) to promptly and timely provide them access to the sex offender treatment program (SOTP). They assert the IDOC has effectively created a “silent mandatory minimum sentence” for sex offenders who pursuant to IDOC and Iowa Board of Parole (IBOP) rules are not eligible to be considered for parole until they have completed SOTP. In denying their applications for postconviction relief, the district court determined the inmates did have a protected liberty interest in parole, but the manner in which the IDOC was sequencing inmates for placement in SOTP did not amount to an unconstitutional interference with that protected liberty interest. The petitioners argue: (1) the IDOC unreasonably restricts their liberty interest in being granted parole; (2) the silent mandatory minimum sentence violates the constitutional principle of separation of powers; (3) the silent mandatory minimum sentence violates the separation of function between the IDOC and the IBOP; and (4) the decision striking the appointment of counsel should be set aside, as the claim can be brought under Iowa Code sections 822.2(1)(a) and (1)(c).

County:

Jasper