Judge's Finding Against Civil Commitment Of A Sex-Offender Is Reversed

C.H. is a rapist with a history of sex crime convictions for acts committed from 1978 through 2005 against women ages 17 to 36. C.H. also has a history of convictions for drug offenses, robbery, receiving stolen property and theft, parole violations and failure to register as a sex offender. As a result of his previous post-release behaviors and prior pleas and guilty verdicts including sexual assault, attempted criminal sexual contact, terroristic threats, assault, criminal sexual assault, criminal restraint, criminal attempt and rape the State petitioned, in the Superior Court of New Jersey, Essex County, for the civil commitment of C.H. pursuant to the Sexually Violent Predator Act (SVPA)(N.J.S.A. 30:4-27.24 to -27.38) upon his scheduled release from the Special Treatment Unit (STU). In May 2012, two State psychiatrists both found that C.H. fit the criteria for civil commitment under the SVPA due to his inability to control his own sexually violent behavior, likelihood of reoffending and danger to the public as set forth in In re Commitment of W.Z., 173 N.J. 109 (2009) and In re Civil Commitment of A.H.B., 386 N.J. Super. 16 (App. Div. 2006). The State’s burden of proof in seeking civil commitment is clear and convincing evidence pursuant to In re Civil Commitment of J.H.M., 367 N.J. Super. 599 (App. Div. 2003). During a commitment hearing, C.H.’s psychiatrist contended that C.H. was not “highly likely” to reoffend if released. Although the judge held that C.H. suffered from paraphilia, antisocial personality disorder (ASPD) and polysubstance abuse and there was a risk that C.H. would reoffend, the judge held that the State had not met its burden of proof. In re the Civil Commitment of C.H. resulted in the State’s appeal of the judge’s finding with regard to C.H.’s likelihood of reoffending. Pursuant to In re Civil Commitment of T.J.N., 390 N.J. Super. 218, 225 (App. Div. 2007) a trial court’s order of commitment under the SVPA will be reversed only for “an abuse of discretion or lack of evidence to support it.” Under In re D.C., 146 N.J. 31 (1996) the record must be reviewed to determine whether the judge’s decision reflected the evidence presented and findings set forth by the experts for both sides collectively where the factfinder would not have sufficient knowledge to make an informed decision without reference to expert opinions. Reasoning that the judge’s failure to find a risk of re-offense in light of evidence and expert opinions presented was a “mistaken exercise in discretion” the N.J. Appellate Division reversed the matter with direction to the trial judge to more fully review the record with regard to the issues presented at future review hearings regarding the commitment of C.H. If you are facing sex crime charges the consequences are severe including potential registry as a sex-offender under Megan's Law, the stigma associated with sexual assault perpetrators, prison and possibly civil commitment. If you are charged with a sex crime, you should obtain experienced criminal defense counsel immediately. For more information about sexual assault, rape, internet crimes, solicitation of a minor, endangering the welfare of a minor or other sex crimes in NJ visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Sex Offender's Have Right to Self-Representation In Civil Commitment Proceedings

Although civil commitment proceedings for sex offenders who have completed their prison sentences are civil rather than criminal in nature, the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27 to -27.38, dictates that counsel will be provided for such hearings. D.Y. is a 52 year old male with a history of sexual assaults against minors. In 1986, D.Y. was indicted for first-degree sexual assault (N.J.S.A. 2C:14-2(a)(1)); second-degree sexual assault (N.J.S.A. 2C:14-2(b)) and third-degree endangering the welfare of a minor (N.J.S.A. 2C:24-4(a)) based on allegations by D.Y.’s 12 year old nephew, C.Y., against D.Y. Ultimately D.Y. received a 5 year sentence in exchange for a plea to second-degree sexual assault against C.Y. In 1994, after his release, D.Y. befriended 12 year old A.B. who later alleged D.Y. had sexually abused him by engaging in touching, oral and anal sex and the display of child pornography to A.B. by D.Y. as well as videotaping sexual acts between A.B. and D.Y. As a result of A.B.’s allegations, D.Y. was charged with first-degree aggravated sexual assault (N.J.S.A. 2C:14-2(a)(1)), second-degree sexual contact (N.J.S.A. 2C:14-2(b)), and third-degree impairing the morals of a child (N.J.S.A. 2C:24-4(a)). Upon entering a guilty plea to first-degree aggravated sexual assault (N.J.S.A. 2C:14-2(a)(1)) in 1999 he received an 18 year prison sentence with a 6 year period of parole ineligibility at the Adult Diagnostic Treatment Center at Avenel (ADTC). Additionally, charges were levied by federal authorities and D.Y. was sentenced to 137 months of incarceration. In 2008, D.Y. completed his period of incarceration and a decision as to the civil commitment of D.Y. was required in order to protect the public if D.Y. was still considered a danger to children. In In the Matter of Civil Commitment of D.Y., 426, N.J. Super. 436 (App. Div. 2012), ___ N.J. ___(2014) the N.J. Supreme Court overturned the Appellate Division’s ruling and upheld D.Y.’s right to represent himself at his civil commitment hearing, as long as standby counsel was available at all times to facilitate as necessary for D.Y. The ruling was based on the long-standing right to self-representation dating back to 13th century English law. Although the right to self-representation exists, Justice Patterson writing for the Court included that self-representation “seldom proves to be a sound strategic choice.” If you are facing charges for sex offenses, you should obtain experienced criminal defense counsel immediately. For more information about sexual assault, rape, statutory rape, endangering the welfare of a minor, child pornography or other sex crimes in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Civil Commitment of Sexual Violent Predators

In The Matter of the Civil Commitment of C.H. the State sought civil commitment under the Sexually Violent Predator Act(SVPA) (N.J.S.A. 30:4-27.24 to -27.38). An Essex County Superior Court judge found C.H. not highly likely to re-offend and the prosecution contended on appeal that the judge failed to properly evaluate C.H.'s antisocial personality disorder and predisposition to re-offend a sexually violent predator. Before C.H. was dismissed from the NJ Special Treatment Unit (STU) the state appealed the Superior Court's decision. C.H. was convicted of four sexual offenses on women 17 to 36 as well as other crimes of violence, including burglary, assault, theft and drug related offenses between 1978 and 2005. Under the SVPA, an individual can face involuntary civil commitment upon completion of their sentence if he or she "suffers from an mental abnormality of 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." N.J.S.A. 30:4-27.26. The court, deciding in re Commitment of W.Z., 173 N.J. 109, 127 (2002) interpreted the statute to mean that a mental abnormality or personality disorder must distort the ability to control the person's "sexually harmful conduct". The court, in W.Z., held the state bears the burden of proving the defendant is a threat to the health and safety of others by demonstrating "the individual has serious difficulty in controlling sexually harmful behavior" making it Highly likely" they will re-offend. The state's expert psychiatrists found C.H. highly likely to re-offend sexually based on his paraphelia, a condition involving intense fantasies and urges with sexual arousal to inappropriate stimuli, polysubstance abuse and antisocial personality disorder (ASPD). The Appellate Division found the trial judge's opinion reflected a mistaken exercise of discretion based on the expert opinions provided. The judge found C.H. to be predisposed to acts of sexual violence, miscalculated the time periods between C.H.'s arrests, gave insufficient weight to unresolved substance abuse issues, concluded without evidence C.H. "aged out" of his sexually violent tendencies and failed to take into account the overall psychiatric situation of C.H. The Appellate Division determined C.H. would have his commitment reviewed periodically and, therefore, did not order a remand hearing but simply reversed the decision of the trial judge determined C.H. was to be civilly committed. If you have been charged with a sex crime, a conviction or guilty plea can result in incarceration for a term of years followed by involuntary civil commitment for life. Consequences also include registration as a sex offender and the social stigma you will face forever. It is critical you obtain experienced criminal defense counsel immediately if you are charged with a sex crime. For more information about rape, sexual assault, child molestation, solicitation of a minor or other sex crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and not intended to replace the advice of an attorney.

Futuristic Prevention Policy For Sex Offenders

Sex offenders must be sentenced according to statute, just as those found guilty of other crimes. Under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to .38, certain offenders are confined to secure facilities at which they will serve their time, as would anyone convicted of another type of crime. The difference is that these individuals, determined to be sexually violent predators (SVP), will remain in custody upon completion of their sentences. Most people are aware of Megan's Law and the Sex Offender Registry but many are not fully aware of all possible ramifications of conviction, or a guilty plea, for sex offenses. Those considered SVPs under the law and confined for the remainder of their lives have been convicted of violent rape in some cases and downloading child pornography but having no physical contact in other cases. The premise of this lifetime confinement, not simply supervision as most know is a routine result in sex offenses, is that the government is protecting the greater good of society by confining them until they no longer pose a threat. Interestingly, in no other area of the criminal justice system are individuals imprisoned for crimes they might commit in the future. Sex offenses, no matter the crime charged or pled to, bear penalties which will affect you for the rest of your life, even if you reach a plea agreement that may seem favorable at first glance. If you have been charged with a sex crime you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on criminal law matters, including municipal court matters, in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.