Kris Kolzow v. State of Iowa
813 N.W.2d 731
| Iowa | 2012Background
- Kolzow was convicted in 2007 of multiple offenses including sex-related crimes, receiving a ten-year special sentence under Iowa Code § 903B.2.
- Kolzow began the ten-year special sentence on parole; a parole violation led to five-and-a-half months detained in jail/work release awaiting revocation hearing.
- Administrative parole judge ordered that upon revocation, Kolzow serve up to two years in prison for the first revocation; IDOC refused to apply earned-time or jail-time credits to shorten this period.
- District court awarded both earned-time and jail-time credits against the revocation period; Court of Appeals reversed, holding credits did not apply to revocation of release.
- Supreme Court held: earned-time credit accrues to the ten-year special sentence, not to reduce the revocation-period maximum; jail-time credit applies against the two-year revocation period.
- The decision vacates the Court of Appeals and affirms in part, reverses in part, and remands for entry of credit against the revocation period consistent with 903B.2.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether earned-time credit reduces the revocation period | Kolzow: earned-time advances the end of the ten-year sentence and should shorten revocation time | State: earned-time applies only to the ten-year sentence, not to revocation time | Earned-time applies to the ten-year sentence, not to revocation period |
| Whether jail-time credit can reduce the two-year revocation period | Kolzow: jail-time credit should reduce the time in prison for the revocation period | State: jail-time credit should not apply to the revocation period | Jail-time credit applies against the two-year revocation period |
Key Cases Cited
- State v. Wade, 757 N.W.2d 618 (Iowa 2008) (upheld special-sentence framework and discretion to incarcerate violators)
- State v. Anderson, 782 N.W.2d 155 (Iowa 2010) (statutory interpretation principles for 903B.2)
- State v. Byers, 456 N.W.2d 917 (Iowa 1990) (statutory interpretation guidance)
- State v. Royer, 632 N.W.2d 905 (Iowa 2001) (statutory interpretation and meaning of terms)
- State v. Carpenter, 616 N.W.2d 540 (Iowa 2000) (harmonizing related statutes in context)
- In re Detention of Betsworth, 711 N.W.2d 280 (Iowa 2006) (interpretation of detention and statutory limits)
- Walker, 804 N.W.2d 284 (Iowa 2011) (statutory purpose and rational interpretation)