Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. MICHAEL J. VANDENBERG -- rank: 1000

... hearings, 'to determine if continued involuntary commitment is warranted.' Ibid. N.J.S.A. 2C:4-8(b)(3) governs the commitment of individuals found NGRI. Ibid ... on which defendant has been acquitted by reason of insanity.' N.J.S.A. 2C:4-8(b)(3) (emphasis added). Our Supreme Court has explained 'the most reasonable understanding of [N.J.S.A. 2C:4-8(b)(3)] is that in cases involving multiple offenses,' a ... J. Vandenberg NGRI and entered a judgment of acquittal under N.J.S.A. 2C:4-8(b)(3), stating a maximum ordinary term of life imprisonment ... the Ann Klein Forensic Center as is required pursuant to N.J.S.[A.] 2C:4-8 and [Krol].' In an accompanying judgment of acquittal dated July ... and not 'life imprisonment.' After hearing argument, the court found N.J.S.A. 2C:4-8(b)(3) did not support Vandenberg's request for ...

docket:	a3179-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-30
status:	Unpublished
citation:
Document Size:	43428

2 State v. Manuel B.Ortiz -- rank: 975

... by reason of insanity who are conditionally released pursuant to N.J.S.A. 2C:4-8(b)(2). New Jersey’s Code of Criminal Justice generally ... can be released without supervision and without conditions pursuant to N.J.S.A. 2C:4-8(b)(1). At the other end of the spectrum, the ... in which case the defendant is civilly committed pursuant to N.J.S.A. 2C:4-8(b)(3). If the defendant is committed, periodic in camera ... defendants acquitted by reason of insanity who are committed under N.J.S.A. 2C:4-8(b)(3) as well as for those who are released subject to supervision or conditions pursuant to N.J.S.A. 2C:4-8(b)(2), but not for those who are released without supervision or conditions as provided in N.J.S.A. 2C:4-8(b)(1). 1. A plain language examination of N. ...

docket:	a-109-06
court:
decided:	2008-01-17
status:
citation:	193 N.J. 278
Document Size:	71331

3 State v. June Gorthy -- rank: 823

... available options for defendant’s disposition are set forth in N.J.S.A. 2C:4-8(b)(3). (pp. 20-21) 3. A defendant found competent ... describe civil commitment and the other potential dispositions prescribed by N.J.S.A. 2C:4-8(b); and confirm the defendant’s understanding of these matters ... not face incarceration in New Jersey State Prison.” Citing N.J.S.A. 2C:4-8, the court explained that in the event of defendant’s ... held a hearing in accordance with Rule 3:19-2, N.J.S.A. 2C:4-8, and State v. Krol , 68 N.J. 236, 257 (1975 ... be “without danger to the community or himself,” N.J.S.A. 2C:4-8(b)(1); (2) release the defendant under supervision or conditions, N.J.S.A. 2C:4-8(b)(2); or (3) civilly commit the defendant if ...

docket:	A-51-14
court:	NJ Supreme Court
decided:	2016-09-28
status:
citation:	226 N.J. 516 145 A.3d 146
Document Size:	110695

4 IN THE MATTER OF ERIK MATA -- rank: 800

... provided he remained under supervision or under conditions pursuant to N.J.S.A. 2C:4-8(b)(2). He set Mata's supervisory time limit at ... the following points: POINT I THE LEGISLATURE SPECIFICALLY PROVIDED, UNDER N.J.S.A. 2C:4-8(b)(3), THAT A DEFENDANT WHO CANNOT BE RELEASED WITHOUT ... THE LEGISLATURE OMITTED THE "MAXIMUM PERIOD OF IMPRISONMENT" LANGUAGE FROM N.J.S.A. 2C:4-8(b)(2). A. On Its Face, N.J.S.A. 2C:4-8(b)(2) Is Clear In Omitting A Period Of Supervision ... Error Under The Statute. B. As The Plain Meaning Of N.J.S.A. 2C:4-8(b)(2) Cannot Be Determined On Its Face As To ... Basic Principles Of Statutory Construction Which Preclude The Implantation Of N.J.S.A. 2C:4-8(b)(3)'s "Maximum Term" Language Into N.J. ...

docket:	a5171-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	21809

5 STATE OF NEW JERSEY v. C.H.J., Jr -- rank: 773

... court's August 8, 2017 order, the court relied on N.J.S.A. 2C:4-8(b)(3), and identified the maximum sentences for all of ... have been imposed, as an ordinary term of imprisonment,' see N.J.S.A. 2C:4-8(b)(3), for the remaining merged counts one, two, three ... the court also addressed the appropriate maximum supervisory term under N.J.S.A. 2C:4-8(b)(2), and noted that a court 'may choose to ... Applied. In his first point, defendant concedes the applicability of N.J.S.A. 2C:4- - 8(b)(3) and states that '[i]t is understood that ... establish the maximum supervisory period at sentencing as required by N.J.S.A. 2C:4-8, that the 'best remedy is to set a maximum period ... which the defendant has been acquitted by reason of insanity. [N.J.S.A. 2C:4-8(b).] A-4120-17T2 10 In the typical criminal ...

docket:	a4120-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-15
status:	Unpublished
citation:
Document Size:	35252

6 IN THE MATTER OF THE COMMITMENT OF D.G -- rank: 601

... W. because D.G. is on Krol status committed under N.J.S.A. 2C:4-8, requiring the State to establish only that he 'is a ... citing Baxstrom v. Herold, 383 U.S. 107 (1966)). Indeed, N.J.S.A. 2C:4-8, the statute on which the State relies, expressly provides a ... 4-9(d) that the cases of persons committed under N.J.S.A. 2C:4-8 'shall be specifically reviewed as provided by the law governing ...

docket:	a3603-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:	Unpublished
citation:
Document Size:	47749

7 IN THE MATTER OF THE COMMITMENT OF C.M -- rank: 589

... release would be 'without danger to the community or himself,' N.J.S.A. 2C:4-8(b)(1); (2) release the defendant under supervision or conditions, N.J.S.A. 2C:4-8(b)(2); or (3) civilly commit the defendant if it ... without posing a danger to the community or to himself,' N.J.S.A. 2C:4-8(b)(3). [State v. Gorthy, 226 N.J. 516, 533 ... s affairs does not address the statutory standards codified in N.J.S.A. 2C:4-8(b). A Criminal Part judge must conduct a Krol hearing ...

docket:	a0425-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-09
status:	Unpublished
citation:
Document Size:	20852

8 STATE OF NEW JERSEY v. EUGENE C. TAYLOR -- rank: 579

... insanity must be evaluated by the court in accordance with N.J.S.A. 2C:4-8. After the examination, if the court finds that the "defendant ... it shall commit the defendant to a mental health facility . . . ." N.J.S.A. 2C:4-8(b). Otherwise defendant is to be released. Ibid. The legislative ... defense runs counter to defendant's position. The predecessor to N.J.S.A. 2C:4-8 was N.J.S.A. 2A:163-3 (repealed 1979 ... defendant acquitted for insanity that would later be codified in N.J.S.A. 2C:4-8. Id. at 255-265. While N.J.S.A. 2C:4-8 begins "[a]fter acquittal by reason of insanity" rather than ... therefore no reason to believe that the legislature meant for N.J.S.A. 2C:4-8 to broaden the defense so it could be presented ...

docket:	a1076-16
court:	NJ Superior Court Appellate Division
decided:	2017-05-17
status:	unpublished
citation:
Document Size:	30841

9 State v. Robert Handy -- rank: 560

... defendant was committed to a psychiatric facility for treatment, see N.J.S.A. 2C:4-8(b)(3), and was to be afforded regular periodic reviews ... by reason of insanity and committed defendant for treatment. See N.J.S.A. 2C:4-8(b)(3). The proceedings therefore were terminated without any further ...

docket:	A-68-11
court:	NJ Supreme Court
decided:	2013-09-09
status:
citation:	215 N.J. 334 73 A.3d 421
Document Size:	107898

10 STATE OF NEW JERSEY v. M.S. -- rank: 555

... determine the length of defendant's commitment, as required by N.J.S.A. 2C:4-8(a)(3). Thereafter, the judge conducted periodic reviews of defendant ... not include the weighing of aggravating and mitigating factors because N.J.S.A. 2C:4-8(b)(3) establishes the maximum term. In re Commitment of ... in M.M. was based on the statutory language of N.J.S.A. 2C:4-8(b)(3), which establishes the measure of the maximum term ...

docket:	a3233-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	unpublished
citation:
Document Size:	28183

11 IN THE MATTER OF THE CIVIL COMMITMENT OF D.G. -- rank: 540

... court shall order that the defendant undergo a psychiatric examination[.]" N.J.S.A. 2C:4-8(a). "If the court finds that the defendant cannot be ... which the defendant has been acquitted by reason of insanity." N.J.S.A. 2C:4-8(b)(3). Appellate review of NGI matters is "extremely narrow ...

docket:	a5680-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-16
status:	unpublished
citation:
Document Size:	28083

12 IN THE MATTER OF THE COMMITMENT OF F.S. -- rank: 511

... the custody of the Department of Human Services pursuant to N.J.S.A. 2C:4-8(b)(3). Her commitment was continued after a first Krol ... supra , 159 N.J. at 4 (citation omitted); see also N.J.S.A. 2C:4-8(b)(3) (establishing preponderance of the evidence standard of proof ...

docket:	a3321-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-30
status:	unpublished
citation:
Document Size:	33791

13 STATE OF NEW JERSEY v. C.M. -- rank: 491

... and convincing evidence.' W.K., 159 N.J. at 4; N.J.S.A. 2C:4-8(b)(3) (establishing preponderance-of-the-evidence standard of proof ...

docket:	a2631-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-26
status:	Unpublished
citation:
Document Size:	32600

14 STATE OF NEW JERSEY v. M.L.B. -- rank: 476

... was then scheduled for an initial Krol review pursuant to N.J.S.A. 2C:4-8(b)(3). The Krol judge who had presided over the ...

docket:	a0742-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-06
status:	Unpublished
citation:
Document Size:	34310

15 IN THE MATTER OF THE COMMITMENT OF D.T. -- rank: 457

... civilly to an institution for mental health treatment pursuant to N.J.S.A. 2C:4-8 and State v. Krol , 68 N.J. 236 (1975). We ... of insanity, the court scheduled a hearing in accordance with N.J.S.A. 2C:4-8 to determine D.T.'s placement. The State chose Dr ...

docket:	a3581-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-10
status:	unpublished
citation:
Document Size:	18105