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In re Civil Commitment of K.H.

October 6, 2008

IN THE MATTER OF THE CIVIL COMMITMENT OF K.H. SVP 441-06.


On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. 441-06.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 16, 2008

Before Judges Yannotti and LeWinn.

K.H. appeals from an order entered by Judge Serena Perretti on January 18, 2007, which ordered his involuntary commitment pursuant to the New Jersey Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38 (the SVPA or the Act). We affirm.

K.H. was charged under Hudson County Indictment No. 84-1000-09 with aggravated sexual assault, in violation of N.J.S.A. 2C:14-2a(1) (count one), and endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4a (count two). K.H.'s victim was his step-sister, R.E. On October 2, 1984, K.H. pled guilty to count one.

At the plea hearing, K.H. admitted having sexual intercourse with R.E. knowing that she was younger than thirteen years old at the time. K.H. was sentenced on January 11, 1985, to ten years of incarceration, to be served at the Adult Diagnostic and Treatment Center in Avenel, New Jersey. He was paroled in March 1988.

Thereafter, K.H. was charged under Ocean County Indictment No. 00-10-1249 with sexual assault, in violation of N.J.S.A. 2C:14-2c(4) (count one); endangering the welfare of a child, in violation of N.J.S.A. 2C:24-4a (count two); and sexual contact, in violation of N.J.S.A. 2C:14-3b (count three). On June 6, 2001, K.H. pled guilty to count one, which was amended to charge attempted sexual assault.

At the plea hearing, K.H. admitted that he attempted to sexually penetrate M.R. on the second floor of his bagel shop. K.H. was then forty-five years old. M.R. was one of his employees. She was fourteen years old at the time of the assault. K.H. was sentenced on September 28, 2001 to five years of incarceration, with a five-year period of parole ineligibility.

On September 18, 2006, the Attorney General filed a petition seeking K.H.'s civil commitment pursuant to the SVPA. On September 25, 2006, the court entered a temporary order of commitment. Judge Perretti conducted a commitment hearing on January 16, 2007.

At the hearing, the State presented testimony from Michael R. McAllister, D.O. Dr. McAllister testified that he evaluated K.H. and made a diagnosis of paraphilia, not otherwise specified (NOS). He explained that this diagnosis was based on the sexual pleasure and stimulation that K.H. derived from making inappropriate sexual remarks to his employees, touching the employees, behaving in a way that would make the employees feel ashamed and humiliated, and performing a sexual act with a teenage girl.

Dr. McAllister also made a provisional or conditional diagnosis of pedophilia. The doctor noted that K.H. had admitted that, when his step-sister was eleven or twelve years old, K.H. repeatedly had sexual intercourse with her, and had her perform oral sex.

In addition, Dr. McAllister stated that K.H. has a history of substance abuse, involving the use of hashish, cocaine and marijuana. The doctor said that K.H. reported that he was under the influence of drugs when he molested his step-sister, and he was using illicit substances when he offended against M.R. The doctor stated that "[t]he substance use would lend itself to decreased impulse control ...


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