Search Rutgers Law Library N.J. Court Opinions

1 IMO Civil Commitment of J.M.B. -- rank: 1000

... offense” can be any offense specifically listed in the SPVA, N.J.S.A. 30:4-27.26(a) (subsection (a)); such offenses include aggravated sexual assault, sexual ... kidnapping, and felony murder involving sexual assault. In addition, under N.J.S.A. 30:4-27.26(b) (subsection (b)) “any offense that, based on the ... HELD: When faced with an application for civil commitment under N.J.S.A . 30:4-27.26(b), a court may consider the circumstances that led to ... to the sexually violent conduct encompassed by the offenses in N.J.S.A . 30:4-27.26(a), then that prior conviction may provide the predicate for ... of insanity for commission of a sexually violent offense.” N.J.S.A. 30:4-27.26. A “sexually violent offense” can be any offense specifically listed as such in the SVPA. See N.J.S.A. 30:4-27.26(a) (subsection (a)). It also can be “any ...

docket:	a-79-07
court:
decided:	2009-02-23
status:
citation:	197 N.J. 563
Document Size:	136118

2 In the matter of the Civil Commitment of R.F. -- rank: 923

... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26. In order to commit someone, the State must establish, by ... sexual violence if not confined’” to the STU, quoting N.J.S.A. 30:4-27.26. The State questioned the trial court’s finding that R ... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26. At the commitment hearing, the State must establish three elements ... violent offenses” under the catch-all provision of the SVPA, N.J.S.A. 30:4-27.26(b). 14 No one disputes that finding. Judge Perretti also ... the community, would be “highly likely” to sexually reoffend. N.J.S.A. 30:4-27.26; N.J.S.A. 30:4-27.32(a); In ... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26; N.J.S.A. 30:4-27.32(a). ...

docket:	A-10-12
court:	NJ Supreme Court
decided:	2013-03-19
status:
citation:	217 N.J. 152 85 A.3d 979
Document Size:	156957

3 STATE OF NEW JERSEY v. T.L -- rank: 852

... of the SVPA's definition of a 'sexually violent offense,' N.J.S.A. 30:4-27.26(b). That provision allows a court to find that an ... if the offender did not commit an offense enumerated under N.J.S.A. 30:4-27.26(a). 12 A-0745-15T4 In In re Commitment of ... B., 197 N.J. 563 (2009), the Supreme Court interpreted N.J.S.A. 30:4-27.26(b) to authorize civil commitment for an offense not enumerated under N.J.S.A. 30:4-27.26(a), if the State could demonstrate the defendant engaged in ... assault, aggravated criminal sexual contact, and criminal sexual contact. See N.J.S.A. 30:4-27.26(a). A plausible argument could be made that the conduct ... endangering conviction was 'substantially equivalent' to an enumerated offense under N.J.S.A. 30:4-27.26(a). Defendant's plea form was ambiguous on the ...

docket:	a0745-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-17
status:	unpublished
citation:
Document Size:	93869

4 /usr/local/share/www/libweb/collections/courts/supreme/a-94-18.opn.html -- rank: 849

... qualified as a “sexually violent offense” as defined in N.J.S.A. 30:4-27.26, and other offenses. The State submitted two clinical certificates from ... qualified as a “sexually violent offense” as defined in N.J.S.A. 30:4-27.26: P.D.’s 2009 conviction for second-degree sexual ... confined in a secure facility for control, care and treatment. [N.J.S.A. 30:4-27.26.] The Legislature defined the phrase “[l]ikely to engage ... disorder and the likelihood that the person will reoffend. See N.J.S.A. 30:4-27.26. We address each in turn. 2. The State represented at ... disorder, and the prospect that the person will recidivate. See N.J.S.A. 30:4-27.26; R.F., 217 N.J. at 173. 3. The State� ...

docket:
court:
decided:
status:
citation:
Document Size:	54655

5 In the Matter of Civil Commitment of D.Y. -- rank: 773

... mental abnormality or personality disorder” that meets the statutory criteria. N.J.S.A. 30:4-27.26. The SVPA incorporates a procedural framework for that determination. Under ... highly likely to reoffend unless he or she is confined. N.J.S.A. 30:4-27.26; accord R.F. , supra , 217 N.J. at 173; W ... is not a predicate offense for purposes of the SVPA, N.J.S.A. 30:4-27.26, and accordingly the theft charge is irrelevant to D.Y ...

docket:	A-42-12
court:	NJ Supreme Court
decided:	2014-07-24
status:
citation:	218 N.J. 359 95 A.3d 157
Document Size:	123286

6 IN THE MATTER OF THE CIVIL COMMITMENT OF A.H.B. a/k/a A.L.B. -- rank: 759

... confined in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. "[T]he nomenclature of 'mental abnormality' or 'personality disorder' is ... for the custody, care and treatment of sexually violent predators." N.J.S.A. 30:4-27.26. Thus, the SVPA more broadly defines the "treatment team" to ... have provided any treatment services to A.H.B. See N.J.S.A. 30:4-27.26. Dr. Harris is employed by Correctional Medical Services, which is ... a member of A.H.B.'s treatment team. See N.J.S.A. 30:4-27.26. We further note that neither of A.H.B.'s ... training requirements of the American Board of Psychiatry and Neurology." N.J.S.A. 30:4-27.26. Thus, on this record, only Dr. Zeiguer meets the specific ...

docket:	A0129-04
court:	NJ Superior Court Appellate Division
decided:	2006-05-26
status:	published
citation:
Document Size:	63177

7 IN THE MATTER OF THE CIVIL COMMITMENT OF R.L. -- rank: 737

... that accompanied the April 9, 2020 order. The court recognized N.J.S.A. 30:4-27.26 enumerated sexually violent offenses under subsection (a), and other offenses ... person's offense should be considered a sexually violent offense. [ N.J.S.A. 30:4-27.26 (emphasis added).] In addressing subsection (b) of the provision, the ... be considered a sexually violent offense.'' Id. at 573 (quoting N.J.S.A. 30:4- 27.26(b)). Accordingly, subsection (b) authorizes a court 'to identify a ... insanity [(NGRI)] of a sexually violent offense, as defined by N.J.S.A. 30:4-27.26.' Id. at 384. 'To satisfy this statutory burden, the State ... 85 (citing N.J.S.A. 30:4-27.28; N.J.S.A. 30:4-27.26). As the trial court correctly noted in this case, however ... child 'is not an enumerated offense in subsection (a) of N.J.S.A. 30:4-27.26.' Nonetheless, the court was satisfied the documentation that accompanied ...

docket:	a3766-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-17
status:	Unpublished
citation:
Document Size:	37473

8 IMO the Civil Commitment of W.X.C. -- rank: 732

... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26. In 2007, as defendant was nearing the end of his ... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26; see In re Commitment of W.Z. , 173 N.J ... person likely to engage in acts of sexual violence,” N.J.S.A. 30:4-27.26, and then use the inmate’s failure to receive such ... in a secure facility for control, care and treatment.” N.J.S.A. 30:4-27.26. From 1995 to 2007, W.X.C., while in prison ...

docket:	a-33-09
court:	New Jersey Supreme Court
decided:	2010-11-09
status:
citation:	204 N.J. 179 8 A.3d 174
Document Size:	135081

9 STATE OF NEW JERSEY v. J.L. -- rank: 724

... confined in a secure facility for control, care and treatment. [N.J.S.A. 30:4-27.26.] At a civil commitment hearing, the State is required to ... 217 N.J. 152, 173 (2014) (citations omitted) (first citing N.J.S.A. 30:4- 27.26; then quoting W.Z., 173 N.J. at 130).] The ... person's offense should be considered a sexually violent offense. [N.J.S.A. 30:4-27.26.] A-0513-17T3 11 In 2003, our Supreme Court held ... 2).] In 2009, our Supreme Court interpreted subsection (b) of N.J.S.A. 30:4- 27.26 to authorize civil commitment for an offense not enumerated under ... enforcement officer was treated as a sexually violent offense under N.J.S.A. 30:4-27.26(b). That determination needed to be made at the commitment ... which is a predicate act listed under subsection (a) of N.J.S.A. 30:4- 27.26. Moreover, the record establishes that in 2004, J.L. ...

docket:	a0513-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-04
status:	Unpublished
citation:
Document Size:	30356

10 In the Matter of the Commitment of W.Z. -- rank: 721

... confined in a secure facility for control, care and treatment.� N.J.S.A. 30:4-27.26. W.Z. appeals from a judgment finding him to be ... required as a predicate for civil commitment under the SVPA. N.J.S.A. 30:4-27.26. ����Over a period of years, numerous clinicians have evaluated W ... confined in a secure facility for control, care and treatment.� N.J.S.A. 30:4-27.26. �Mental abnormality� is �a mental condition that affects a person ... confined in a secure facility for control, care and treatment.� N.J.S.A. 30:4-27.26. We note that the nomenclature of �mental abnormality� or �personality ...

docket:	a-17-01
court:	njsupreme
decided:	2002-07-11
status:
citation:	173 N.J. 109
Document Size:	59036

11 /usr/local/share/www/libweb/collections/courts/appellate/a5294-13.opn.html -- rank: 721

... confined in a secure facility for control, care and treatment. [ N.J.S.A. 30:4-27.26.] To warrant commitment of an individual under the SVPA, the ... to the crimes that qualify as sexually violent offenses under N.J.S.A. 30:4-27.26(a) or (b). See, e.g. , In re Civil Commitment ... and "criminal sexual contact" both constitute "sexually violent offenses" under N.J.S.A. 30:4-27.26(a). Appellant's brief is inconsistent on this issue. In ... thereby placing him under the purview of the SVPA. See N.J.S.A. 30:4-27.26(a); State v. Bellamy , 178 N.J. 127 , 140 (2003 ... similar elements to the New Jersey crime of sexual contact. N.J.S.A. 30:4-27.26(a) includes in its definition of sexually violent offenses "a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	42296

12 IN THE MATTER CIVIL COMMITMENT OF R.Z.B. -- rank: 715

... for a person who has been civilly committed pursuant to [ N.J.S.A. 30:4-27.26 defines "agency with jurisdiction" as follows: "Agency with jurisdiction" means ... county juvenile detention facility, and the Department of Human Services. [ N.J.S.A. 30:4-27.26] We are mindful that federal correctional institutions are not specifically ... confinement, or is otherwise being detained or maintained in custody." N.J.S.A. 30:4-27.26 (emphasis added). Clearly, the Federal Bureau of Prisons had "lawful ... was "being detained or maintained in custody" there. Ibid. Although N.J.S.A. 30:4-27.26 lists various State institutions as "include[d]" within the notion ... or declared incompetent to stand trial for such an offense. N.J.S.A. 30:4-27.26. As defined by the statute, a "sexually violent offense" includes ...

docket:	A3060-04
court:	NJ Superior Court Appellate Division
decided:	2007-04-09
status:	unpublished
citation:	392 N.J. Super. 22 919 A.2d 864
Document Size:	84673

13 IN THE MATTER CIVIL COMMITMENT OF T.M.F. -- rank: 680

... confined in a secure facility for control, care and treatment. [ N.J.S.A. 30:4-27.26(b).] Before an order of commitment can issue under the ...

docket:	A2479-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-23
status:	unpublished
citation:
Document Size:	55160

14 IN THE MATTER OF THE CIVIL COMMITMENT OF B.W.N. -- rank: 674

... and treatment of sexually violent predators." Id . at 25 (quoting N.J.S.A. 30:4-27.26). Dr. Kunz, a psychiatrist under contract with the State, provides ... for the custody, care and treatment of sexually violent predators." N.J.S.A. 30:4-27.26. Therefore, we consider him to be a member of B ... have provided any treatment services to B.W.N. See N.J.S.A. 30:4-27.26. We turn to B.W.N.'s contention that the ... quoting W.Z. , supra , 173 N.J. at 130); see N.J.S.A. 30:4-27.26] The SVPA defines a "[m]ental abnormality" as a "condition ... that predisposes that person to commit acts of sexual violence." N.J.S.A. 30:4-27.26. Although the SVPA does not define "personality disorder," our Supreme ... W.Z. , supra , 173 N.J. at 127; see also N.J.S.A. 30:4-27.26. Governed by these standards, we discern no reason to ...

docket:	a0340-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-23
status:	unpublished
citation:
Document Size:	25868

15 IN THE MATTER OF THE CIVIL COMMITMENT OF J.S SVP-24-99 -- rank: 674

... of W.Z., 173 N.J. 109, 130 (2002)); see N.J.S.A. 30:4-27.26. Appellant's convictions of aggravated sexual assault and sexual assault satisfied the 'sexually violent offense' requirement. See N.J.S.A. 30:4-27.26. The trial court found by clear and convincing evidence that ... care and treatment' is reflected throughout the SVPA's provisions. N.J.S.A. 30:4-27.26; see N.J.S.A. 30:4-27.27(a ... care and treatment of sexually violent predators,' namely the STU. N.J.S.A. 30:4-27.26. The SVPA regulations provide that the STU's ''clinical staff ...

docket:	a3665-14
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-27
status:
citation:
Document Size:	37445