Search Rutgers Law Library N.J. Court Opinions

46 STATE OF NEW JERSEY v. DAVID HOHSFIELD -- rank: 609

... confined in a secure facility for control, care and treatment. [ N.J.S.A. 30:4-27.26.] A "sexually violent offense" is defined under the SVPA as one of several enumerated crimes listed in N.J.S.A. 30:4-27.26(a), or "any offense for which the court makes a ... person's offense should be considered a sexually violent offense," N.J.S.A. 30:4-27.26(b). In State v. Bellamy , 178 N.J. 127 , 136 ... CSL is not one of the listed predicate offenses under N.J.S.A. 30:4-27.26(a). Furthermore, when taking defendant's guilty plea and sentencing ... should be considered a sexually violent offense," in accordance with N.J.S.A. 30:4-27.26(b). We are not aware of any case in which ... crime would have to qualify as a predicate offense under N.J.S.A. 30:4-27.26(a) or (b). A criminal defense attorney is not ...

docket:	a5113-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-07
status:	unpublished
citation:
Document Size:	23503

47 IN THE MATTER OF THE CIVIL COMMITMENT OF K.X.J. -- rank: 609

... offense qualifies as a "sexually violent offense" under the SVPA. N.J.S.A. 30:4-27.26. In our earlier opinion in the case, we described K ... engage in acts of sexual violence" if not otherwise constrained. N.J.S.A. 30:4-27.26. Under the SVPA, a mental abnormality is "a mental condition ...

docket:	A1791-05
court:	NJ Superior Court Appellate Division
decided:	2006-05-02
status:	unpublished
citation:
Document Size:	77396

48 IN THE MATTER CIVIL COMMITMENT OF C.M. -- rank: 609

... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. Under the SVPA, a mental abnormality is "a mental condition ... female, which served as the predicate offense under the SVPA, N.J.S.A. 30:4-27.26, and was sentenced to a twenty-year custodial term, of ...

docket:	A3821-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-30
status:	unpublished
citation:
Document Size:	40306

49 IN THE MATTER OF THE CIVIL COMMITMENT OF G.B. -- rank: 606

... confined in a secure facility for control, care and treatment.' N.J.S.A. 30:4-27.26. The SVPA defines 'mental abnormality' as 'a mental condition that ...

docket:	a1601-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-28
status:	Unpublished
citation:
Document Size:	45236

50 IN THE MATTER OF THE CIVIL COMMITMENT OF M.R.A. -- rank: 606

... the assault of S.H. as the predicate offenses under N.J.S.A. 30:4-27.26. The complaint included two clinical certificates prepared by ADTC psychologists ... classifying a person as a “sexually violent predator.” N.J.S.A. 30:4-27.26. First, the person must have "been convicted [or] adjudicated delinquent ... that predisposes that person to commit acts of sexual violence." N.J.S.A. 30:4-27.26. The SVPA does not define "personality disorder." Rather, it is ... of ASPD is sufficient to show a "personality disorder" under N.J.S.A. 30:4-27.26. E.g. , W.Z. , supra , 173 N.J. at 117 ... that predisposes that person to commit acts of sexual violence." N.J.S.A. 30:4-27.26. The court’s conclusion that respondent has a "disorder of ...

docket:	a1609-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-22
status:	unpublished
citation:
Document Size:	41332

51 IN THE MATTER OF THE CIVIL COMMITMENT OF W.A. -- rank: 606

... of W.Z. , 173 N.J. 109 , 120 (2002) (quoting N.J.S.A. 30:4-27.26). It is the State's burden to prove that the ... 2009); W.Z. , supra , 173 N.J. at 131-32; N.J.S.A. 30:4-27.26; N.J.S.A. 30:4-27.32; N.J ... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. "[O]nce committed under the SVPA, an individual should be ...

docket:	a3265-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-24
status:	unpublished
citation:
Document Size:	19534

52 IN THE MATTER OF THE CIVIL COMMITMENT OF M.L.V. -- rank: 606

... of W.Z. , 173 N.J. 109 , 120 (2002) (citing N.J.S.A. 30.4-27.26). In our view, the judge's findings are amply supported ...

docket:	A2588-03
court:	NJ Superior Court Appellate Division
decided:	2006-10-24
status:	published
citation:
Document Size:	35866

53 IN THE MATTER CIVIL COMMITMENT OF J.H.S. -- rank: 603

... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. Under the SVPA, a mental abnormality is "a mental condition ... has been convicted of a sexually violent offense pursuant to N.J.S.A. 30:4-27.26. It is also undisputed that J.H.S. has denied ...

docket:	A2691-06
court:	NJ Superior Court Appellate Division
decided:	2007-05-30
status:	unpublished
citation:
Document Size:	42705

54 IN THE MATTER OF THE CIVIL COMMITMENT OF L.M. -- rank: 603

... 458 N.J. Super. 147, 154 (App. Div. 2019) (quoting N.J.S.A. 30:4-27.26); see also N.J.S.A. 30:4-27.25 ... the individual has been convicted of a sexually violent offense, [N.J.S.A. 30:4-27.26]; (2) that he suffers from a mental abnormality or personality ... violent offense.' A.Y., 458 N.J. at 154 (citing N.J.S.A. 30:4-27.26). L.M. concedes his '2001 conviction is clearly a 'sexually ... that predisposes that person to commit acts of sexual violence.' N.J.S.A. 30:4-27.26. 4 L.M. argues at length that the judge erred ... pose a threat to the health and safety of others.' N.J.S.A. 30:4-27.26. 'The final decision whether a person previously convicted of a ...

docket:	a0059-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-03
status:	Unpublished
citation:
Document Size:	35187

55 IN THE MATTER CIVIL COMMITMENT OF M.H. -- rank: 603

... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. Under the SVPA, a mental abnormality is "a mental condition ... point, which served as the predicate offense under the SVPA, N.J.S.A. 30:4-27.26, and was sentenced to a twenty-year custodial term with ...

docket:	A2375-06
court:	NJ Superior Court Appellate Division
decided:	2007-05-29
status:	unpublished
citation:
Document Size:	38815

56 IN THE MATTER OF THE CIVIL COMMITMENT OF E.W. -- rank: 601

... Commitment of W.Z. , 173 N.J. 109, 127 (2002); N.J.S.A. 30:4-27.26. The SVPA also requires that the person must "'suffer[] from ... treatment.'" W.Z. , supra , 173 N.J. at 127 (quoting N.J.S.A. 30:4-27.26). E.W. claims that the State failed to prove by ... All three experts diagnosed E.W. with antisocial personality disorder. N.J.S.A. 30:4-27.26 defines a "sexually violent predator" as someone who, among other ...

docket:	a0229-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-30
status:	unpublished
citation:
Document Size:	41609

57 IN THE MATTER CIVIL COMMITMENT OF G.G.N. -- rank: 598

... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. "[T]he State must prove that threat [to the health ... that the trial court's determination that the requirements of N.J.S.A. 30:4-27.26 were proved by clear and convincing evidence was based on ...

docket:	A2982-04
court:	NJ Superior Court Appellate Division
decided:	2006-02-10
status:	unpublished
citation:
Document Size:	73825

58 IN THE MATTER OF THE CIVIL COMMITMENT OF W.X.C. -- rank: 598

... or declared incompetent to stand trial for such an offense. N.J.S.A. 30:4-27.26. The statutory definition of a "sexually violent offense" is contained in N.J.S.A. 30:4-27.26. Our Supreme Court has interpreted the statute to require the ... incidents leading to convictions that are sexually violent offenses under N.J.S.A. 30:4-27.26 had been satisfied. The trial judge also found that W ... makes him likely to engage in acts of sexual violence. N.J.S.A. 30:4-27.26. Both Drs. Friedman and Feibusch opined that W.X.C ...

docket:	a0347-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-19
status:	published
citation:	407 N.J. Super. 619 972 A.2d 462
Document Size:	73864

59 IN THE MATTER OF THE CIVIL COMMITMENT OF J.B. -- rank: 595

... a person to be classified as a "sexually violent predator." N.J.S.A. 30:4-27.26. It is undisputed that respondent's conviction for aggravated sexual ... makes him likely to engage in acts of sexual violence. N.J.S.A. 30:4-27.26. Among the diagnoses that have been found to satisfy this ... offense recidivism, respondent could not be committed under the SVPA. N.J.S.A. 30:4-27.26. "'[T]he psychiatric diagnosis, and the severity of the mental ... sexually violent predator" as required in a petition for commitment. N.J.S.A. 30:4-27.26, -27.28(c). The State did not call those doctors ...

docket:	a5394-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-03
status:	unpublished
citation:
Document Size:	47890

60 IN THE MATTER CIVIL COMMITMENT OF D.M.B. -- rank: 592

... individual "needs continued involuntary commitment as a sexually violent predator...." N.J.S.A. 30:4-27.26. In addition, the judge must find that the person suffers ... does not dispute that he committed a predicate offense under N.J.S.A. 30:4-27.26, specifically the sexual assault which occurred on July 15, 1994 ... abnormality or personality disorder," as those terms are defined in N.J.S.A. 30:4-27.26. In addition, Barone's and Gnassi's testimony established that ... days before the defendant's "anticipated release from total confinement." N.J.S.A. 30:4-27.26. Under the SVPA, that determination is made at or about ...

docket:	A3896-03
court:	NJ Superior Court Appellate Division
decided:	2006-02-15
status:	unpublished
citation:
Document Size:	54453