from the Iowa District Court for Polk County, William P.
defendant appeals the court's denial of his motion to
obtain jail credit for the time he spent in the Bridges of
Hunter of Dickey & Campbell Law Firm, P.L.C., Des Moines,
J. Miller, Attorney General, and William A. Hill, Assistant
Attorney General, for appellee.
Considered by Doyle, P.J., Mullins, J., and Scott, S.J.
Hensley appeals the district court's denial of his motion
for credit for days he spent at the Bridges of Iowa program
against his sentence of incarceration. The State asserts the
district court correctly denied the credit. For the reasons
stated herein, we affirm the district court's decision.
Background Fact and Proceedings.
pled guilty to third-degree burglary and was sentenced on
March 25, 2014, to a suspended five-year prison term. Hensley
was placed on probation for two years, and the court ordered,
as a part of that probation, Hensley complete treatment at
the Bridges of Iowa program. The sentencing order required
Hensley to remain in the Polk County Jail until space became
available at Bridges. On June 17, 2014, Hensley was escorted
to the Bridges facility, which is housed in a different
portion of the Polk County Jail building. After spending 126
days at Bridges, Hensley absconded from the facility on
October 22, 2014. His probation officer filed a report of
violation with the court, and the court imposed the
previously suspended five-year prison term on August 24,
February 29, 2016, Hensley sent a letter to the court asking
that he be given credit for the 126 days he spent in the
Bridges program. The court directed the attorneys involved in
the case to file a written response to the letter. On April
27, 2016, counsel for Hensley filed a motion for credit for
time served, asserting he should be permitted credit for time
spent at Bridges under Iowa Code section 903A.5(1) (2016).
The State resisted the motion, and Hensley's counsel
filed an amended motion on December 13, 2016, asserting
credit for the time spent in Bridges should also be granted
under section 907.3(3). A hearing was held on December 14,
2016, and the district court issued its decision the same day
denying the motion for the credit. Hensley appeals that
denial, asserting he is entitled to a credit under section
903A.5(1) and section 907.3(3).
Scope and Standard of Review.
Hensley is entitled to a credit on his sentence for the time
he spent at the Bridges program is a question that turns on
statutory interpretation. As such, our review of the district
court's decision is for the correction of errors at law.
State v. Allensworth, 823 N.W.2d 411, 413 (Iowa
hearing on his motion, Hensley submitted as an exhibit the
application form for the Bridges program. The exhibit
provides Bridges is "a long-term faith-based treatment
program for substance abusing individuals involved with the
criminal justice system. Bridges of Iowa provides an
intensive faith-based community environment designed to
support individuals as they transition from prison or jail
confinement." The application describes the program as
lasting, typically, one year and having three phases. The
first phase lasts approximately two to three months, and
"[t]he resident's time away from the facility is
considerably limited during Phase I." Phase 2 lasts
approximately three to four months, and residents obtain
employment and earn weekend furloughs. According to the
application form, Phases 1 and 2 are located in the west wing
of the Polk County Jail, "[b]ut the Bridge program is
completely separate from the jail itself. Residents are not
locked in. Bridges is a halfway house program. Clients come
and go from this facility to work, meetings, church,
furloughs, and other activities." Finally, Phase 3
typically lasts six months, and the participant "gains
much more freedom, transitions off the West Wing unit and
moves into one of our Phase 3 Apartments located in a
beautiful facility in West Des Moines." However, the
participants are required to return to the ...