On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket Number SVP-168-01.
Before Judges Ciancia, Parker and R. B. Coleman.
The opinion of the court was delivered by: Parker, J.A.D.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
In these consolidated appeals, J.S.W. seeks review of his initial civil commitment under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, and his continued commitment after his first review hearing. We affirm both.
J.S.W. was initially committed on October 2, 2001, after a final hearing. He appealed but then moved for a limited remand to permit the trial court to reconsider its decision in light of the Supreme Court's ruling in In re Commitment of W.Z., 173 N.J. 109 (2002). The motion was granted. On remand, the trial court determined that the State met the clear and convincing standard of proof articulated in W.Z. and, without taking further testimony, reiterated its earlier decision in a revised judgment entered on September 30, 2002.
The limited remand and first review were both heard on September 24, 2002. An order continuing appellant's commitment was entered on that date, and he appealed the revised judgment and the continued commitment order.*fn1 The appeals were consolidated and he now argues:
POINT ONE THE PRIOR DETERMINATION THAT J.S.W. IS NOT A COMPULSIVE SEX OFFENDER COLLATERALLY ESTOPS THE STATE FROM COMMITTING HIM UNDER THE SVPA.
POINT TWO THE COURT ERRED IN RELYING ON HEARSAY CONTAINED IN EXHIBITS AND THE TESTIMONY OF EXPERT WITNESSES IN REACHING ITS DECISION.
A. Reliance on presentence reports and other hearsay documents to establish the facts of offenses.
B. Expert Evidence Relying on Hearsay in the Petition and other Documents
POINT THREE THE STATE FAILED TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT J.S.W. WAS SUBJECT TO COMMITMENT AS A SEXUALLY VIOLENT PREDATOR.
POINT FOUR THE COURT ERRED IN RECONSIDERING THE CASE UNDER THE W.Z. STANDARD WITHOUT ADDITIONAL ...