STEPHEN J. KINGSLEY, Petitioner-Appellant,
RANDY BLADES, Respondent.
2014 Unpublished Opinion No. 341
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Daniel C. Hurlbutt, District Judge.
Order summarily dismissing petition for writ of habeas corpus, affirmed.
Stephen J. Kingsley, Boise, appellant pro se.
Hon. Lawrence G. Wasden, Attorney General; Leslie M. Hayes, Deputy Attorney General, Boise, for respondent.
Steven J. Kingsley appeals from the summary dismissal of his petition for writ of habeas corpus relief. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
In 1986, Kingsley was convicted of misdemeanor lewd conduct with a minor. In 2012, he was again charged with lewd conduct with a minor. Pursuant to a plea agreement, Kingsley pled guilty to injury to a child and agreed to undergo a psychosexual evaluation. Kingsley's evaluation revealed he was a high risk to reoffend and that Kingsley was not amenable to treatment. At sentencing, the State argued that Kingsley offered alcohol and drugs to a developmentally disabled child in order to sexually abuse the child. Upon entry to the Idaho Department of Correction (IDOC), Kingsley was assigned a recommended treatment program. Kingsley's treatment program included a recommendation to complete the Sex Offender Treatment Program (SOTP). The recommendation to complete the program was based on Kingsley's risk to reoffend, his previous lewd conduct conviction, and his current injury to a child conviction. Participation in the IDOC recommended treatment programs is voluntary.
Kingsley filed a petition for writ of habeas corpus relief. He alleged the IDOC was illegally enhancing his sentence by forcing him to participate in the SOTP. Blades filed a motion to dismiss or, alternatively, for summary judgment. The district court granted the motion for summary judgment. Kingsley timely appeals.
The writ of habeas corpus is a constitutionally-mandated mechanism to effect the discharge of an individual from unlawful confinement. See Idaho Const. art. I, § 5; I.C. §§ 19-4201 to 19-4226; Mahaffey v. State, 87 Idaho 228, 231, 392 P.2d 279, 280 (1964); Gawron v. Roberts, 113 Idaho 330, 333, 743 P.2d 983, 986 (Ct. App. 1987). The essence of habeas corpus is an attack upon the legality of a person's detention for the purpose of securing release where custody is illegal and is an avenue by which relief can be sought where detention of an individual is in violation of a fundamental right. In re Robison, 107 Idaho 1055, 1057, 695 P.2d 440, 442 (Ct. App. 1985). An in-state prisoner may file a petition for writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning conditions of confinement, the revocation of parole, miscalculation of a sentence, loss of good time credits, or detainers lodged against the prisoner. ...