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In re Civil Commitment of N.U.M.

June 10, 2008

IN THE MATTER OF THE CIVIL COMMITMENT OF N.U.M., SVP-406-05.


On appeal from the Superior Court of New Jersey, Law Division, Essex County, SVP-406-05.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 28, 2008

Before Judges Coburn and Chambers.

Defendant appeals a decision that involuntarily commits him pursuant to New Jersey's Sexually Violent Predator Act ("SVPA"), N.J.S.A. 30:4-27.24 to -27.38.

On appeal, defendant offers the following arguments:

POINT 1

THE FAILURE TO PROVIDE N.U.M. WITH A COPY OF THE PETITION FOR CIVIL COMMITMENT BEFORE THE TEMPORARY COMMITMENT HEARING DENIED HIM THE OPPORTUNITY TO CHALLENGE THE PETITION ON ITS FACE AND DENIED HIM DUE PROCESS.

A. N.U.M. Did Not Receive Adequate Notice of the Petition

B. There Was No Probable Cause for the Temporary Commitment

POINT 2

TO THE EXTENT THAT THE SVPA PERMITS COMMITMENT OF A PERSON WHO WAS NOT SERVING A SENTENCE FOR A SEXUALLY VIOLENT OFFENSE WHEN COMMITTED AND THERE WAS NO EVIDENCE OF RECENT DANGEROUS BEHAVIOR OR THREAT IT IS ...


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