On appeal from a Final Agency Decision of the New Jersey State Parole Board.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 29, 2008
Before Judges Collester and Graves.
M.C., a state prison inmate, appeals from a New Jersey State Parole Board (Board) decision that denied parole and imposed a thirty-two-month future eligibility term (FET). We affirm.
On November 21, 2003, M.C. pled guilty to second-degree endangering the welfare of a child and fourth-degree contempt.
M.C.'s pre-sentence report included the following background information:
[M.C.] committed the endangering offense for his own sexual gratification. He explained that he believes that he was under the influence of alcohol and prescription drugs on each occasion when he was sexually involved with his daughter. He indicated that his fiancée (common law spouse) was not fulfilling her marital obligation, even though they were not married, and he took out his sexual frustration on his daughter.
He explained that he violated the
[c]court [o]rder prohibiting him from having contact with his children because of a misunderstanding on his part when he was playing at the park with a puppy he bought for his daughter.
In addition, an evaluation prepared by the Adult Diagnostic Treatment Center at Avenel contained the following findings and recommendations:
With regard to the referral question for this evaluation, the evidence reviewed and elicited is insufficient to support a finding that his actions in the present offense were performed repetitively and compulsively. The evidence from the victim would appear to support the fact that Mr. M.C. sexually abused her on multiple occasions. Unfortunately, the psychological evidence to support a finding that Mr. M.C.'s actions were compulsively performed is lacking. Whether this is because he is currently in psychological denial of his emotions and urges or because he is more psychopathic and hedonistic in his motivations is not clear at this time. In any case, he is not eligible for sentencing under the purview of the New Jersey Sex Offender Act.
Nonetheless, there is clearly a considerable reason for concern in this case. It is strongly recommended that Mr. M.C. participate in alcohol rehabilitation counseling in whatever alcohol rehab services may be available to him in the New Jersey State Prison complex during his sentence. Perhaps, after he has addressed his issues with alcohol, he may be more prepared psychologically to address the reasons that he sexually ...