On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP 290-02.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Yannotti and LeWinn.
C.P. appeals from an order entered by Judge Serena Perretti on June 26, 2007, which continued his civil commitment pursuant to the New Jersey Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38 (SVPA). We affirm.
According to the record in this case, C.P. has been convicted of two serious sexual offenses. The first occurred on January 30, 1984, when C.P. approached a woman in a tavern.
After she rejected his advances and left the bar, C.P. followed the victim and forced her car off the road. C.P. placed the victim in his vehicle, where he choked her and threatened to kill her. C.P. then drove the victim to a deserted street and directed that she perform oral sex upon him. C.P. vaginally raped the woman. Thereafter, C.P. drove the victim to his residence. In the car, C.P. vaginally raped the victim three more times, and again forced her to perform oral sex upon him. C.P. took the victim into his residence. He informed her that he intended to bind her and keep her confined in the basement for three days.
On March 22, 1984, C.P. pled guilty to kidnapping, the making of terroristic threats, and aggravated sexual assault. C.P. was sentenced to twenty years at the Adult Diagnostic Treatment Center (ADTC). He refused sexual offender treatment at the ADTC and was transferred to another correctional facility. C.P. was released on November 15, 1994.
Approximately two years later, on October 8, 1996, C.P. committed the second serious sexual offense. On that date, C.P. contacted a masseuse who had placed an advertisement in a newspaper and arranged for the masseuse to come to his home. The woman was giving C.P. a massage when he took a knife out from under a pillow and jumped on her back. C.P. tried to place a sock in the woman's mouth and then proceeded to choke her. He asked the woman whether she had ever had anal sex, and she replied that she had not. A struggle ensued, and the victim's hand was cut. She required forty-seven stitches and plastic surgery to repair her hand.
On November 3, 1997, C.P. pled guilty to aggravated assault and attempted aggravated sexual assault. He was sentenced on February 6, 1998 to two concurrent, nine-year terms of incarceration, to be served at the ADTC. C.P. was scheduled for release on January 4, 2003.
On December 10, 2002, the Attorney General filed a complaint seeking C.P.'s civil commitment under the SVPA. The court entered an order on December 20, 2002 temporarily committing C.P. Following a hearing, the court filed an order on May 14, 2003, which stated that it had determined by clear and convincing evidence that C.P. was a sexually violent predator in need of civil commitment in a secure facility for control, care and treatment.
The court thereafter held review hearings and entered orders on May 5, 2004, and August 10, 2006, continuing C.P. commitment under the SVPA. This appeal arises from an order entered on June 26, 2007, which continued C.P.'s civil commitment under the SVPA. The order was entered following a review hearing that took place on May 30, 2007 and on June 5, 2007.
At the review hearing, the State presented testimony from Dr. Natalie Barone, the clinical psychologist who prepared the report on behalf of the Treatment Progress Review Committee (TPRC). The TPRC diagnosed paraphilia NOS; sexual sadism; alcohol dependence; ...