Advocate for incarcerated person accuses Iowa A.G. of wrongly committing persons to civil commitment
Published with permission by Newton Daily News, Newton, Iowa.
By Christopher Braunschweig . . . Visitors at the Iowa Board of Corrections meeting Aug. 4 complained [that] the multidisciplinary team that determines if incarcerated individuals who finished treatment are still considered sexually violent predators are extending their prison time by referring them to the attorney general’s office for review.
Michelle Alfano, an educator from Chicago advocating for an incarcerated person,
spoke during the public comment portion of the meeting at Newton Correctional Facility. She was “extremely disturbed” by the multidisciplinary team, or MDT, appointed by Iowa Department of Corrections Director Beth Skinner.
The multidisciplinary team, Alfano alleged, sends a majority of the cases it reviews to the attorney general’s office and thereby extends sentences, ignores “significant accomplishments” like earning a degree while in custody, and does not consider re-entry plans for incarcerated individuals.
“In doing so, the MDT has overcrowded the prison system and has put staff and incarcerated people in danger,” Alfano said.
The multidisciplinary team is also used to refer sexually violent predators to the state’s Civil Commitment Unit for Sexual Offenders (CCUSO) in Cherokee. The five-phase treatment program has a 166-bed capacity. As of June 30, 2023, there are about 148 individuals in the program.
According to the Iowa Department of Health and Human Services, CCUSO is supposed to treat sexually violent predators who have served their prison time but have been found likely to commit further violent sexual offenses. The CCUSO program has been operational in Iowa since 1999.
In order to be eligible for the CCUSO program, incarcerated individuals must be considered a “sexually violent predator” by a civil court and by the state’s criteria, and it must be determined they have a “mental abnormality” that makes it more likely than not that they will engage in future acts of a sexually violent nature.
They must also be referred into the program by the multidisciplinary team and be determined by a professional evaluator to be at a high-risk for re-offending.
According to state code (Chapter 229A.3), the multidisciplinary team has 30 days upon time of notice to assess whether an incarcerated individual meets the state’s definition of a sexually violent predator. The state’s attorney general, Brenna Bird, is to be notified by the team of its assessment.
The law provides no exemptions or provisions for the 30-day timeframe, Alfano said. Any reviews conducted beyond the 30-day window should be immediately dismissed, she added, and those individuals should be cleared. Instead, Alfano alleged the cases are sitting dormant and in error at the attorney general’s office.
“In my view, the AG does not have the authority to review a case and possibly prosecute an individual for commitment if their case was referred in violation of the law,” Alfano said, adding that the person she is advocating for, Eric Strenge, was reviewed in November 2022 but the team received notice around June 2022.
Furthermore, Alfano contends in a letter addressed to Skinner and board members that Strenge should be cleared from civil commitment proceedings so that he may be staff-initiated for release on parole. Strenge’s review did not follow the 30-day timeframe, she alleged, and should not be considered.
“It’s not that the AG needs to review Eric’s case. It’s that Eric’s case should not be at the AG’s office,” Alfano said in the letter, which was dated the same day as the board’s meeting this month. “The case was sent to the AG’s office in violation of the law.”
At the Iowa Board of Corrections meeting, Alfano went over her allotted three minutes to speak and provided board members with a packet of information regarding Strenge’s case. She also included documents submitted to the multidisciplinary team but felt like they either did not receive or review them.
Webster Kranto, vice-chair of the Iowa Board of Corrections, said he was glad Alfano was able to hand the documents directly to them.
“Because now I’m going to go through it personally,” Kranto said.
Alfano also said she had sent letters about Strenge’s case and her concerns about the multidisciplinary team to board members and the department of corrections for some time. Board members seemed confused and admitted they had not received the letters. Alfano estimates 25 letters had been sent. . . .
When public comments concluded, Kranto said the board should have a review of the multidisciplinary team at the next meeting, and he addressed the lost mail.
“I’m deeply sorry for all the people who have sent in materials that haven’t made it to us,” Kranto said. “That shouldn’t be that way … As far as everything else, we’re going to have answers for you at our next meeting, if you can make it to our next meeting. I, myself, have questions for the MDT.”
If you wish, you may contact Michelle at michellemidwestbooks2prisoners@yahoo.com
