The following news release was issued this afternoon by the Iowa Department of Corrections, in response to recent Iowa Supreme Court rulings. (It's unclear how many convicted sex offenders are being released — the news release uses the number 15 in the copy, but then lists only 12 names.) Radio Iowa's Pat Curtis is enroute to a news conference featuring agency officials. That event is scheduled to begin at 2:30 p.m.
MEDIA RELEASE
DEPARTMENT OF CORRECTIONS
DES MOINES, IOWA
SUPREME COURT RULLINGS
January 26, 2009
Following the recent release of two Iowa Supreme Court decisions, No.07-1226 and No. 07-0863, the Department has reviewed all cases affected and determined that there are fifteen offenders currently incarcerated by the Department of Corrections that must be immediately released.
These decisions override the Department's interpretation of Iowa Code 903A .2 (1)(a), to suspend "Earned Time" if an offender refuses to participate or fails Sex Offender Treatment Programming (SOTP) until such time as the offender successfully participates and completes SOTP.
I.C 903A.2(1)(a). However, an inmate required to participate in a sex offender treatment program shall not be eligible for a reduction of sentence unless the inmate participates in and completes a sex offender treatment program established by the director.
The ruling applies to offenders whose offense was committed prior to the amendment to Iowa Code 903A.2 effective January 1, 2001.
Following review of these decisions by the Governor's General Counsel and the Attorney General's Office, Governor Culver has directed the Department of Corrections to ensure that all steps are taken to properly notify victims and that all offenders are registered with the Department of Public safety Sex Offender Registry Program prior to release.
The names of the offenders to be immediately released are listed below.
Jeremy Merrill Tracy
Offense Date: 11/16/2000 – Webster County
Charge: Assault to Commit Sex Abuse/Injury Admission Date: 07/26/2001
Robert Lee Ciaravino
Offense Date: 10/01/2000 – Ringgold County
Charge: Lascivious Acts with a Child – 2 Years PA/ WR after Admission
Date: 03/31/2003 Offense Date: 10/01/2000 – Ringgold County
Charge: Lascivious Acts with a Child
Admission Date: 12/14/2007
Offense Date: 10/01/2000 – Ringgold County
Charge: Sex Abuse 3rd
Admission Date: 03/31/2003
Offense Date: 08/02/2002 – Ringgold County
Charge: Lascivious Acts with a Child
Admission Date: —
Dennis James Elliot
Offense Date: Pre 11/30/1993 – Colorado State of Iowa
Charge: Other Sex Offense
Admission Date: 12/02/1994
Offense Date: 01/01/1990 – Muscatine County
Charge: Sex Abuse 2nd Degree
Admission Date: 12/02/1996
Fredrick DeWayne Stewart
Offense Date: 04/21/2000
Charge: Domestic Abuse Assault without Intent Admission Date:
10/13/2000
Allen D. Bloodgood
Offense Date: 09/05/1998 – Polk County
Charge: 3 Counts – Sex Abuse 3rd Degree Admission Date: 04/07/1999
John Delbert Smith
Offense Date: Pre 11/22/1983 – Scott County
Charge: Sex Abuse 2nd Degree
Admission Date: 11/22/1983
Offense Date: 01/01/1993
Charge Sex Abuse 2nd Degree
Admission Date: 04/19/1995
Monte Lee Horton
Offense Date: Pre 10/20/1986 – Cherokee County
Charge: Sex Abuse 2nd Degree
Admission Date: 10/20/1986
Offense Date: Pre 01/01/1996 – Cherokee County
Charge: Sex Abuse 2nd Degree
Admission Date: 06/23/1997
Peter Nathan Nelson
Offense Date: 01/01/1995 – Humboldt County
Charge: 5 Counts – Sex Abuse 3rd Degree Admission Date: 12/29/1999 Offense Date: 01/01/1997 – Emmet County
Charge: Indecent Contact with a Child
Admission Date: 08/28/2000
Patrick Arthur Meade
Offense Date: 12/01/1999 – Scott County
Charge: Sex Abuse 3rd Degree
Admission Date: 03/12/2004
David Lee Austin
Offense Date: 09/26/1983 – Black Hawk
Charge: Assault to Sex Abuse/ Injury
Admission Date: 03/06/1984
Offense Date: 05/07/1996 – Black Hawk
Charge: Sex Abuse 2nd Degree
Admission Date: 07/10/1997
Harry Arthur Waldron
Offense Date: 01/01/2000 – Monroe County
Charge: Sexual Exploitation of Minor
Admission Date: 03/22/2004
Orvis L. Clark
Offense Date: 02/01/1999 – Polk County
Charge: Sex Abuse 3rd Degree
Offense Date: 06/01/1999 – Polk County
Charge: Sex Abuse 3rd Degree
Admission Date: 09/30/1999
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