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Joseph James v. State of Alaska

January 7, 2011

JOSEPH JAMES, APPELLANT,
v.
STATE OF ALASKA, APPELLEE.



Appeal from the Superior Court, Third Judicial District, Anchorage, Peter A. Michalski, Judge. Trial Court No. 3AN-05-6585 CI

The opinion of the court was delivered by: Bolger, Judge.

NOTICE

The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts. 303 K Street, Anchorage, Alaska 99501 Fax: (907) 264-0878 E-mail: corrections at appellate.courts.state.ak.us

OPINION

Before: Coats, Chief Judge, Bolger, Judge, and Stewart, Senior Court of Appeals Judge.*fn1

Mannheimer, Judge, not participating.

When the Alaska Parole Board released Joseph James on mandatory parole, the Board imposed several special conditions, including the requirement that he participate in sex offender treatment. In March 2005, James appealed to the superior court, contending that the special conditions were unconstitutional. In December 2005, the Board revoked James's parole because he did not satisfy the sex offender treatment condition. In January 2006, James appealed the parole revocation and moved to consolidate his first appeal with the appeal challenging his parole revocation. The superior court upheld James's conditions of parole and denied James's motion to consolidate. We conclude that the Parole Board was authorized to impose special conditions on James's mandatory parole release. We also conclude that the superior court did not abuse its discretion when it denied James's motion to consolidate his appeals.

Background

In 1979, Joseph James was convicted of committing lewd acts against a child under the age of sixteen and spent three years in prison.*fn2 While James was on furlough in 1984, he attempted to sexually assault a woman, forced fellatio on a ten-yearold boy, and had sexual contact with a nine-year-old girl.

James was then charged and convicted of attempted sexual assault in the second degree and three counts of sexual abuse of a minor. Superior Court Judge Jay Hodges sentenced James to thirty years to serve with an additional eighteen years suspended. Judge Hodges's sentence included several conditions of probation. Judge Hodges ordered James to refrain from excessive drinking, submit to urine or blood analysis, allow a probation officer to search him, not have contact with minor children outside the presence of another adult, and meet several other requirements. The probation conditions did not expressly include sex offender treatment. Prior to James's release on mandatory parole in 2005, James's probation officer submitted a request to the Parole Board for supplemental conditions of mandatory parole. The Board notified James of the special conditions of his parole, but James submitted written objections to the conditions. The Board declined to modify the conditions, which included a condition that required James to participate in sex offender treatment and education classes. On March 26, 2005, James appealed the Board's decision to impose special conditions on his parole.

After his release, James missed a sex offender education class and refused to cooperate with his treatment. On December 8, 2005, the Board revoked James's parole and ordered him to serve ten years, the amount of his earned good time. On January 19, 2006, James filed a notice of appeal in superior court, contesting the parole revocation. At the same time, James moved to consolidate this new appeal with the appeal he filed in March 2005. Superior Court Judge Peter A. Michalski denied James's motion to consolidate the appeals.

Judge Michalski ultimately upheld the Board's special conditions on James's parole. James appeals Judge Michalski's decision, raising several constitutional challenges to the Parole Board's decision to impose the special conditions of mandatory parole.

In this case the superior court acted as an intermediate court of appeal; we independently review the Parole Board's decision.*fn3 We review the denial of a motion ...


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