Sex offender's rights violated on 'good time' credit, court rules

The Iowa Supreme Court ruled today a man convicted in Jones County for simple assault was denied his rights when prison officials relied on allegations not admitted at trial to revoke his ability to earn credit and reduce his sentence.

John Dykstra, 59, filed a post-c0nvicition relief challenging the Iowa Department of Corrections decision, which was based on the fact that he refused to participate in a sex offender treatment program, according to the ruling.

According to Iowa law, an inmate will lose the ability to earn “good time” credit for a reduced sentence if they don't participate in a required program.

Dykstra's original discharge date was in January 2008. After his refusal to participate in treatment, his release date was changed to May 2010.

Dykstra, originally charged with third-degree sexual abuse and dependent adult abuse, pleaded to simple assault and the adult abuse charge in 2005.

The department recommended Dykstra participate in the treatment program based on the alleged circumstances of the simple assault and his previous sexual abuse related convictions, and because he was on the sex offender registry, according to the ruling. His history includes two indecent exposure charges and a prostitution solicitation charge.

Dykstra claimed revoking his right to accrue earned time credit was improper based on five reasons, but the court rejected all his reasons except his claim that the prison's procedures to determine whether he was required to participate in the treatment program violated his due process.

The matter was remanded to the district court for an appropriate remedy.