On appeal from Superior Court of New Jersey, Law Division, Essex County, No. SVP-424-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Wefing and Collester.
J.B. appeals from a judgment entered by the trial court on November 1, 2006, committing him to the Special Treatment Unit for care and treatment as a sexually violent predator. After reviewing the record in light of the contentions advanced on appeal, we affirm.
J.B. has three convictions for sexual offenses. In 1995 he was convicted of two counts of sexual assault, which involved separate incidents upon separate victims. The second assault occurred several days after J.B. was released on bail for the first assault. Following his conviction, J.B. was sentenced to serve five years at the Adult Diagnostic and Treatment Center (ADTC). The final report prepared in connection with his release from the ADTC indicated he had made little progress in treatment and was a "high risk for reoffense and poor reintegration back into the community."
After he was released from the ADTC, he did commit a subsequent assault, which resulted in his conviction for criminal sexual contact, for which he was sentenced to eighteen months in prison. While incarcerated for that offense, he was diagnosed with antisocial personality disorder and impulse control disorder; he was recommended for referral for commitment as a sexually violent predator.
In addition to these three convictions, J.B. was charged with a number of other sexual offenses. In one instance, the charge was no billed. In another, he was acquitted at trial. He was also charged with failure to notify regarding a change of address, as he was required to do in light of his earlier convictions for sexual assault. He also had incurred charges of aggravated assault and fighting or baiting animals.
The State presented two witnesses in support of its petition that J.B. be committed as a sexually violent predator, Evan Feibusch, M.D., a psychiatrist, and Natalie Barone, Psy.D., a psychologist. Both witnesses scored J.B. as 6 on the Static 99, which would place J.B. in the high risk category of offenders.
Dr. Feibusch examined J.B. in May 2006. He reviewed J.B.'s history with respect to his involvement with the criminal justice system and noted that J.B. also had a history of abusing alcohol and cocaine. Dr. Feibusch diagnosed J.B. as having personality disorder not otherwise specified, with antisocial traits. Dr. Feibusch explained that he reached this diagnosis because J.B. had "a longstanding history of problematic interpersonal relationships." According to Dr. Feibusch, J.B. showed "a disregard for the rights of others." Dr. Feibusch testified that the only reason he did not reach a diagnosis of antisocial personality disorder was the absence of any history of a conduct disorder prior to the age of fifteen. He also said he strongly suspected a diagnosis of paraphilia not otherwise specified but did not believe he had sufficient corroborating information to reach that diagnosis. According to Dr. Feibusch, J.B. had a mental abnormality which predisposed him to sexually reoffend and in the doctor's opinion, it was highly likely that J.B. would reoffend.
Dr. Barone interviewed J.B. shortly before the hearing. She also reviewed J.B.'s history of sexual offenses. She noted that J.B.'s account of the several incidents did not accord at all with the official accounts and that he was unable to provide any explanation for the variance. J.B. has a number of children through several different women; he was unable to keep the number straight. He said he was supporting them, but there was no history to corroborate that assertion. Dr. Barone noted J.B.'s "lack of concern for anyone or anything other than himself. He's a very self-centered individual. He lives by his own set of rules."
Dr. Barone diagnosed J.B. as having paraphilia, not otherwise specified. She reached this diagnosis because he is a repetitive sex offender, despite having been arrested and jailed several times for this conduct. She considered it "crystal clear that there is a compulsive element to his sexual pathology." Additionally she diagnosed J.B. as having severe antipersonality disorder, "characterized by an overall disregard for societal norms, aggressiveness, impulsivity, a lack of remorse, a lack of empathy." Dr. Barone said that it was a matter of concern that J.B. had spent two years in sex offender treatment and characterized his lack of remorse and lack of empathy as "chilling." She said he had a high risk of reoffending.
J.B. testified at the hearing. He said that he had completely turned his life around, that he no longer used drugs or alcohol and had found religion. He said he was in a committed relationship with Yolanda Giles, but that they had broken up several times but always reconciled. Despite his assertion of a committed relationship with ...