Iowa Governor’s Sentence Commutation Changes Good Time Rate

The Iowa Supreme Court has held that a governor’s commutation of sentence has a legal effect of changing the rate a prisoner may accumulate earned time from the date of commutation forward, but not to a rate prior to the commutation in this specific case, because the order did not contemplate immediate release.

When he was 18-years-old, John Lowery was charged and convicted of first degree armed robbery. He was sentenced to 25 years in prison with a 75% mandatory minimum. In early 2011, Iowa’s governor commuted the sentence to eliminate the mandatory minimum. He also ordered Lowery be immediately scheduled for a parole hearing and included a letter for the parole board to consider.

That letter outlined Lowery’s history and the reasons for clemency. Specifically, he noted Lowery’s young age, history of drug and alcohol abuse, his minimal role in the crime, and his participation in rehabilitative programs and payments on attorney’s fees. He also noted Lowery’s participation in educational opportunities and presentations to high school students about the importance of making good decisions.

Lowery filed a motion for post-conviction relief in June 2011 seeking recalculation of his earned time to comply with governor’s commutation of the mandatory minimum portion of his sentence. The district court denied the application and Lowery appealed.

It is well-settled in law that once a prisoner’s sentence is commuted, the new sentence replaces the old sentence. Under his old sentence, Lowery could not be considered for parole or work release until he served 17.5 years. He also accumulated earned time at a slower rate, which would require he served at least 21.25 years.

Lowery argued that the commutation entitles him to accumulate earned time at the faster rate given those without a mandatory minimum. He urged that prison officials should be required to recalculate his earned time as if he never had a mandatory minimum, which would have entitled him to release after about 11 1/3 years. Such a calculation would result in immediate release.

The Supreme Court said the “governor’s commutation order cannot really be considered silent on the issue of earned time as Lowery argues.” Normally a prisoner would be entitled to earned time credit applicable to the commuted sentence, but “this right depends on the terms of the commutation.”

“In this case, governor’s order and letter to the parole board make clear that he did not intend Lowery to be released, but wanted the parole board to review his case and consider him as a candidate for parole,” wrote the Court. It then held “Lowery’s earned time must be calculated at the accelerated rate” from the time of the governor’s commutation. The court affirmed in part, reversed in part, and remanded to the district court for a proper order. See: Lowery v. Iowa, 822 N.W.2d 739 (Iowa 2012).

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