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James J. Krivacska v. Special Classification Review Board

August 24, 2011

JAMES J. KRIVACSKA, APPELLANT,
v.
SPECIAL CLASSIFICATION REVIEW BOARD, RESPONDENT.



On appeal from the Special Classification Review Board.

Per curiam.

RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 7, 2011

Before Judges A. A. Rodriguez and Grall.

James Krivacska appeals from the decision of the Special Classification Review Board (SCRB) recommending that the State Parole Board deny his parole request. We affirm.

Following a jury trial, Krivacska was convicted of one count of aggravated sexual assault; two counts of second-degree endangering the welfare of a child; and two counts of aggravated criminal sexual contact. State v. Krivacska, 341 N.J. Super. 1, 11 (App. Div.), certif. denied, 170 N.J. 206 (2001), cert. denied, Krivacska v. N.J., 535 U.S. 1012, 122 S. Ct. 1594, 152 L. Ed. 2d 510 (2002). He was sentenced to twenty-six years at the Adult Diagnostic and Treatment Center (ADTC). We affirmed on direct appeal. Ibid.

During his time at the ADTC, Krivacska has been subject to semi-annual "Routine Reviews." Reports from these reviews reveal that although Krivacska has made "general progress," he has failed to participate in support groups and admit or discuss his convictions or the facts underlying those convictions.

In 2008, Krivacska requested a recommendation for parole from the SCRB. As part of his request, Krivacska met with his primary therapist, Richard G. Stiga, Ph.D., on April 4, 2008. According to Krivacska, Stiga stated at this meeting that "he was inclined to recommend . . . parole." The two met again on May 15, 2008. After Krivacska explained his employment and residence plans, Stiga allegedly "advised [Krivacska] that [Stiga] had been advised of a department policy that precluded him from making a positive parole recommendation for anyone who doesn't admit to the offense they were convicted of." The State contends that no such policy exists.

Stiga summarized his evaluation of Krivacska:

The MnSOST-R and STATIC-99 are actuarial instruments to estimate the risk for sexual reoffending. Mr. Krivacska scored in the low risk category on the MnSOST-R and in the moderate high risk category on the STATIC-99. Mr. Krivacska has consistently denied committing the sexual offense for which he was convicted. He has cited this and his legal appeal as his reasons for not discussing details of the instant offense and any sex offending dynamics. However, Mr. Krivacska is a convicted sex offender and was ordered by the Court to participate in sex offender specific treatment at the ADTC.

As he has not, to date, engaged in the full sex offender treatment program, he cannot be recommended for parole consideration at this time. Further inpatient sex offender treatment is recommended.

The SCRB made the following findings after Krivacska's hearing:

. . . Krivacska states he created victims and admits to some guilt even though he is presently in the appeal process. He states he felt he was too arrogant in the past and hurt people by his actions. He says he violated trust and those actions got him in this place. He states he has been legally convicted and feels he can make a safe adjustment to society. He states if he participates in the ADTC Treatment Program, he would be admitting he is guilty as convicted. He states he was hopeful he would be recommended to the New Jersey State Parole Board . . . by the SCRB based on risk factors. He states he was surprised the SCRB was not able to help him [obtain parole.] . . . He states he realizes he is legally convicted as a sex offender, but still denies being a sex offender.

Based on Stiga's report and these findings, the SCRB declined to recommend Krivacska to the parole board on June 10, 2008. Krivacska had failed to "engage[] in the full sex offender specific treatment program and has consistently denied committing the sexual offense for which he was convicted." Therefore, he was "not ...


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