IN THE MATTER OF THE CIVIL COMMITMENT OF P.P. (SVP-711-15, ESSEX COUNTY AND STATEWIDE)(RECORD IMPOUNDED)
A-4011-14T2
| N.J. Super. Ct. App. Div. | Jul 18, 2017Background
- Appellant P.P., with multiple convictions for sexual offenses against minors (1995, 2003) and subsequent convictions for possession/distribution of child sexual material and failures to comply with Megan’s Law/CSL, was the subject of an SVPA commitment petition filed January 9, 2015.
- Criminal history included sexual acts with a 12-year-old (1995), sexual assaults of two 14-year-olds (2003), possession/distribution of child pornography (2010), and other nonsexual offenses; prior sex-offender supervision and treatment had been ineffective.
- At the civil-commitment hearing, the State presented psychiatric and psychological experts (Drs. Lewin and Paolillo) who reviewed records (P.P. refused interviews) and testified P.P. met diagnostic criteria for paraphilic disorders/pedophilia and an antisocial personality disorder, and that he scored a 6 on STATIC-99R (high risk).
- Experts concluded P.P.’s disorders do not spontaneously remit, his alcohol use is a disinhibitor, he reinforced deviant arousal via child pornography, and he is highly likely to reoffend if not confined for treatment.
- Trial judge found, by clear and convincing evidence, that P.P. is a sexually violent predator and ordered involuntary commitment to the Special Treatment Unit; P.P. appealed arguing insufficient proof of present mental abnormality and high likelihood of recidivism.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether State proved P.P. suffers from a present mental abnormality/personality disorder qualifying under the SVPA | State: Expert diagnoses (paraphilia/pedophilia; personality disorder) from records and actuarial risk support finding | P.P.: Contends evidence insufficient; disputes diagnoses and risk assessment | Court affirmed: experts’ testimony and records supplied sufficient, judge credited them. |
| Whether State proved P.P. is highly likely to sexually reoffend if not confined | State: STATIC-99R score, multiple like victims, reoffending while on CSL, possession/distribution of child porn, lack of treatment benefit show high risk | P.P.: Argues State failed to meet clear-and-convincing standard for high likelihood | Court affirmed: judge reasonably found high likelihood based on experts and record. |
Key Cases Cited
- In re Civil Commitment of R.F., 217 N.J. 152 (2014) (clarifies SVPA elements and requires ‘highly likely’ standard for future sexual recidivism)
- In re Commitment of W.Z., 173 N.J. 109 (2002) (interprets SVPA statutory elements and due process constraints)
- In re D.C., 146 N.J. 31 (1996) (explains role of expert testimony and that ultimate SVPA determination is legal, not purely medical)
- State v. Johnson, 42 N.J. 146 (1964) (standard that appellate courts defer where findings are supported by sufficient credible evidence)