State v. Iowa Dist. Court for Webster County
Annotate this CaseRobert Harkins was convicted of third-degree sexual abuse. While he was incarcerated, Harkins refused to sign a treatment contract assuming responsibility for his offenses in order to participate in the correctional facility's sex offender treatment program (SOTP). The Department of Corrections then suspended Harkins's earned time pursuant to Iowa Code 903A.2(1)(a). Harkins filed an application for postconviction relief, arguing that the suspension of his earned-time credits for failure to participate in the SOTP violated his Fifth Amendment privilege against self-incrimination. The district court held that the State unconstitutionally compelled Harkins to give testimony but found the testimony would be potentially incriminating only until March 21, 2009, the last day on which the State could prosecute Harkins for perjury based upon his trial testimony. The Supreme Court granted certiorari, holding that (1) the statute does not violate the Fifth Amendment, and (2) the State may use earned-time credits as an incentive for convicted sex offenders to obtain sex offender treatment even when the treatment requires an acknowledgment of responsibility. The Court set aside the district court's order to the extent it reinstated Harkins's earned time through March 21, 2009 and remanded.
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