IN THE MATTER CIVIL COMMITMENT OF T.J.T.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-6138-04T26138-04T2

IN THE MATTER OF THE CIVIL

COMMITMENT OF T.J.T. SVP-226-02

_______________________________

 

Argued: May 16, 2006 - Decided June 5, 2006

Before Judges Kestin and Hoens.

On appeal from the Superior Court of New Jersey, Law Division, Civil Part, Essex County, SVP-226-02.

Brian P. Hughes, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Mark H. Singer, Deputy Attorney General, argued the cause for respondent (Zulima V. Farber, Attorney General, attorney).

PER CURIAM

T.J.T., the committee, appeals from a judgment entered on July 14, 2005, continuing his commitment to the Special Treatment Unit, pursuant to the Sexually Violent Predator Act (the Act), N.J.S.A. 30:4-27.24 to -27.38, as a "sexually violent predator" in need of involuntary civil commitment in a secure facility for control, care and treatment, see N.J.S.A. 30:4-27.26. We affirm.

An involuntary civil commitment can follow service of a criminal sentence or other disposition when the offender "suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for control, care and treatment." Ibid. The State must prove "a threat to the health and safety of others because of the likelihood of [the committee] engaging in sexually violent acts." In re Commitment of W.Z., 173 N.J. 109, 132 (2002). It must demonstrate, "by clear and convincing evidence," id. at 130, "that the individual has serious difficulty in controlling sexually harmful behavior such that it is highly likely that he or she will not control his or her sexually violent behavior and will reoffend." Id. at 132. The trial court must address the committee's "present serious difficulty with control over dangerous sexual behavior." Id. at 132-33. See also In re Civil Commitment of J.H.M., 367 N.J. Super. 599, 608-11 (App. Div. 2003), certif. denied, 179 N.J. 312 (2004).

Committee's criminal record, including sexual offenses, dating from 1976; the factual backgrounds of his various offenses; and the procedural histories of his incarcerations and civil commitment under the Act, were set out in detail in our opinion of July 12, 2004, under docket number A-1335-02, affirming the initial judgment of commitment. We will not rehearse those elements here.

In her decision in the instant matter, Judge Perretti noted the prior commitment order and the bases for it. She found from the evidence before her that committee

has been a treatment refuser since his admission to the A.D.T.C. - since his admission to the S.T.U. He is an untreated sex offender. His conditions will not, according to the testimony, simply go away. They are not spontaneously remitted. * * * The conditions can only be mitigated by preventing relapse through therapy. And therapy depends upon [committee's] cooperation in the program.

The judge found the evidence presented at the instant hearing to have clearly and convincingly established that committee's predilections toward sexually violent, predatory behavior remained unabated. She determined:

it is highly likely that he will recidivate if not continued for further care and treatment or simply for continued custody for the protection of the public from this exceedingly dangerous sex offender.

The State had presented the testimony of psychiatrist evaluating committee's conditions and the testimony of a member of the unit charged with the responsibility of assessing the treatment he had received. The hearing concluded without the presentation of any affirmative proofs on committee's behalf.

The State's burden remains unabated, in any given hearing, to establish by clear and convincing evidence, as a matter of current evaluation, that the committee "will not control his or her sexually violent behavior and will reoffend." W.Z., supra, 173 N.J. at 132; see also J.H.M., supra, 367 N.J. Super. at 610-11. Our review of the record in the light of the arguments advanced by the parties and prevailing legal standards discloses that, considering the evidence presented, including findings previously made along with the absence of treatment progress as noted by the judge, the State met its burden of proof in the instant proceeding.

The evidence is sufficient to support Judge Perretti's determination to continue T.J.T.'s commitment. The scope of our review is narrow; we must defer to the trial court's determination unless the record reveals a clear misapplication of discretion. See In re Commitment of J.P., 339 N.J. Super. 443, 459 (App. Div. 2001); see also In re Civil Commitment of V.A., 357 N.J. Super. 55, 63 (App. Div.), certif. denied, 177 N.J. 490 (2003). We are in substantial agreement with the reasons for decision articulated by Judge Perretti.

 
Affirmed.

(continued)

(continued)

4

A-6138-04T2

RECORD IMPOUNDED

June 5, 2006