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In re Civil Commitment of T.J.T.

February 6, 2008

IN THE MATTER OF THE CIVIL COMMITMENT OF T.J.T. SVP #226-02


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

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 31, 2007

Before Judges Parker and R. B. Coleman.

T.J.T. appeals from a judgment entered on May 21, 2007 continuing his commitment to the Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38.

On February 4, 1992, T.J.T. was arrested and charged with first degree attempted murder, second degree aggravated assault, three counts of first degree sexual assault, third degree terroristic threats, fourth degree unlawful possession of a weapon and third degree possession of a weapon for unlawful purpose. Pursuant to a plea agreement, on September 30, 1992 he entered a guilty plea to two counts of first degree aggravated sexual assault, N.J.S.A. 2C:14-2a(4), a sexually violent offense as defined by N.J.S.A. 30:4-27.26. He also pled guilty to second degree aggravated assault, N.J.S.A. 2C:12-1b(1); and third degree terroristic threats, N.J.S.A. 2C:12-3. He was sentenced to an aggregate term of fifteen years. Ibid.

In January 2002, two weeks prior to T.J.T. serving the maximum time on his sentence, the Attorney General filed a petition for his commitment pursuant to the SVPA. Two clinical psychiatrists certified that T.J.T. had a mental abnormality or personality disorder that "makes [him] likely to engage in acts of sexual violence if not confined to a secure facility for control, care and treatment."

An order entered on January 23, 2002, temporarily committed T.J.T. to the Special Offender Unit pending a final commitment hearing. After a final commitment hearing on February 8, 2002, the trial court found by clear and convincing evidence that T.J.T. was a sexually violent predator in need of involuntary civil commitment. Judgment was entered committing him to the STU. We affirmed on appeal. In re the Civil Commitment of T.J.T., SVP-226-02, Docket No. A-1335-02T2 at 5 (App. Div. July 12, 2004).

After a review hearing was held on July 14, 2005, the court found that T.J.T. continued to be a sexually violent predator and ordered him to remain confined to the STU. We affirmed this judgment on appeal, as well. In re the Civil Commitment of T.J.T., SVP-226-02, Docket No. A-6138-04T2 at 4 (App. Div. June 5, 2006).

A second review hearing was held on May 18, 2007. On May 21, 2007 the court rendered its decision finding that T.J.T. continues to be at risk to reoffend and entered a judgment ordering him to remain confined to the STU. T.J.T. now appeals the May 21, 2007 judgment.

In addition to counsel's oral argument, T.J.T. submitted a pro se brief in which he argues:

POINT ONE

A PLEA AGREEMENT IS A CONTRACT/AGREEMENT AND THE STATE OF NEW JERSEY IS IN BREACH OF ...


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