IN THE MATTER OF THE CIVIL COMMITTMENT OF A.S.M.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0624-05T20624-05T2

IN THE MATTER OF THE CIVIL

COMMITMENT OF A.S.M. SVP-051-00

____________________________________

 

Argued January 11, 2006 - Decided June 9, 2006

Before Judges Wefing and Fuentes.

On appeal from Superior Court of New

Jersey, Law Division, Essex County,

Docket No. SVP-051-00.

Mary Foy, Assistant Deputy Public

Defender, argued the cause for

appellant (Yvonne Smith Segars, Public

Defender, attorney).

Beth Mitchell, Deputy Attorney General,

argued the cause for respondent (Peter C.

Harvey, Attorney General, attorney).

PER CURIAM

A.S.M. appeals from the order of the Law Division continuing his involuntary commitment in the Special Treatment Unit ("STU"), under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38. This is the latest in a series of review hearings. We previously affirmed a prior order of commitment in April 2005.

The State presented two expert witnesses. Dr. Stanley Kern diagnosed A.S.M. as suffering from paraphilia NOS, poly-substance abuse dependence, impulse control disorder NOS and an axis two personality disorder NOS with anti-social traits. Dr. Kern's diagnosis of A.S.M with paraphilia NOS was based upon A.S.M.'s history of multiple sexual assaults upon adult women. Psychologist Dr. Eleni Marcantonis testified that although A.S.M had made some progress in treatment, his prognosis remained guarded. Dr. Marcantonis indicated that A.S.M. has an ingrained pattern of manipulative behavior that has impeded treatment efforts. In addition, he was in treatment phase 3 but had not completed the relapse prevention module. His substance abuse continued even in the STU. A.S.M. acknowledged that his history of sexual offenses was related to his drug abuse problem. A.S.M. did not present any expert testimony.

In her findings, Judge Perretti accepted the testimony of the State's expert, establishing a clear connection between A.S.M.'s relapse in the area of substance abuse and his deviant sexual behavior. After considering all of the evidence Judge Perretti issued a detailed, well-reasoned oral decision from the bench, finding by clear and convincing evidence, that A.S.M. remained a dangerous and violent sexual predator in need of confinement. Given our scope of review, In Re Civil Commitment of V.A., 357 N.J. Super. 55, 63 (App. Div.), certif. denied, 177 N.J. 490 (2003), we affirm substantially for the reasons stated by Judge Perretti.

Affirmed.

 

(continued)

(continued)

3

A-0624-05T2

RECORD IMPOUNDED

 

June 9, 2006