review from the Iowa Court of Appeals.
from the Iowa District Court for Polk County, William P.
defendant seeks further review of a court of appeals decision
that affirmed the district court denial of his motion to
obtain jail credit for the time he spent in the Bridges of
Hunter of Dickey & Campbell Law Firm, PLC, Des Moines,
J. Miller, Attorney General, William A. Hill and Kevin
Cmelik, Assistant Attorneys General, for appellee.
defendant appealed the district court ruling denying his
motion for credit for time served based on the time he spent
in the Bridges of Iowa (Bridges) program. The district court
concluded that Bridges is not a correctional or mental health
facility under Iowa Code section 903A.5(1) (2016), nor an
alternate jail facility or a community correctional
residential treatment facility under Iowa Code section
907.3(3). The court of appeals affirmed the district court
ruling. On further review, we vacate the decision of the
court of appeals, reverse the district court ruling, and
remand for entry of an order providing Hensley with
sentencing credit for the time he resided at Bridges.
Background Facts and Proceedings.
Hensley pled guilty to third-degree burglary, a class
"D" felony, in violation of Iowa Code sections
713.1 and 713.6A (2013). On March 24, 2014, Hensley was
sentenced to a suspended five-year prison term and was placed
on supervised probation for two years. Among other
requirements, the terms and conditions of his probation
stated, "Defendant shall complete . . . the treatment
program at Bridges of Iowa. Defendant shall remain in Polk
County Jail until space is available at Bridges. A
violation of this paragraph is a violation of
probation." Hensley remained in the Polk County
jail until a bed became available at Bridges on June 17,
2014, at which time he was escorted by Polk County jail staff
to Bridges for treatment.
is located in the west wing of the Polk County jail, but it
is a separate program from the jail. The application form for
Bridges describes the program as "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." According
to an archived version of its website provided by Hensley,
Bridges "is a licensed level 3.1 long term substance
abuse treatment program." Bridges of Iowa, Inc.,
About Bridges of Iowa (2016),
A level 3.1 facility provides "clinically managed
low-intensity residential services, " which include a
24-hour structure with available personnel and at least five
hours of clinical service per week. Am. Soc'y Addiction
Med. Continuum, What are the ASAM Levels of Care?
(May 13, 2015),
Bridges participants are subject to an orientation period and
three phases to successfully complete the program.
to the Bridges application form, phase one generally lasts
between 60 to 90 days "and consists of a variety of
treatment modalities" centered around Bible study,
therapy, Alcoholics Anonymous and Narcotics Anonymous
meetings, and courses teaching residents about job seeking
and financial planning. During this phase, residents receive
"considerably limited" time away from the Bridges
facility. Phase two typically lasts between 90 and 120 days,
during which the "resident obtains employment, earns
weekend furloughs, and begins paying full rent." The
residents also continue to participate in the therapeutic or
treatment-related activities they started during phase one.
"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."
third and final phase typically lasts six months and
represents "the point in the program where the client
gains much more freedom, transitions off the West Wing unit
and moves into one of [Bridges'] Phase 3 Apartments"
in West Des Moines. Participants in the third phase "are
required to return to the residential unit two evenings per
week for continuing care-group counseling sessions and
Spiritual programming." Participants may receive an
"unsuccessful discharge" if they "display[ ]
unacceptable behavior or fail[ ] to have satisfactory
progress in the program." If a participant is
unsuccessfully discharged while on probation, Bridges will
notify the participant's probation or parole officer.
participated in the Bridges program for a period of 126 days
from June 17 to October 22. Hensley made it to phase two
before absconding from Bridges in violation of its policies
and in violation of the terms of his probation. On October
23, a violation report was filed by Hensley's probation
officer, and a warrant was issued for his arrest. The report
noted that Hensley had violated the rule of his probation
requiring him to "cooperate with and participate in any
referral programs directed by [his] probation officer."
In the report, the probation officer wrote, "PO Schmitz
was informed by Bridges of Iowa Patrick Coughlin that [t]he
Defendant would be unsuccessfully discharged from Bridges of
Iowa Treatment today due to continued non-compliance."
In the request for a warrant, the probation officer noted
that Hensley "has been unsuccessfully discharged from
Residential Drug Treatment with Bridges of Iowa due to
Habitual non-compliance with their Residential Program."
subsequently had his probation revoked due to his
unsuccessful discharge from Bridges, as well as an additional
criminal charge for second-degree theft he incurred after he
absconded from Bridges. On August 24, 2015, Hensley was
sentenced to prison. The district court imposed his previous
five-year prison term in the probation revocation
proceedings. Additionally, Hensley had pled guilty to the
charge of second-degree theft in violation of Iowa Code
section 714.2(2) (2015), a class "D" felony.
Hensley was sentenced to a five-year term of imprisonment for
the theft conviction, which the court ordered to run
consecutively to his ...