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In re Civil Commitment of B.Z.C. SVP-448-06

March 12, 2009

IN THE MATTER OF THE CIVIL COMMITMENT OF B.Z.C. SVP-448-06


On appeal from the Superior Court of New Jersey, Law Division, Essex County, SVP-448-06.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 10, 2009

Before Judges Winkelstein and Fuentes.

B.Z.C. appeals from a June 25, 2007, order committing him to the State of New Jersey Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. On appeal, he raises the following points for our consideration:

POINT I

THE STATE FAILED TO PROVE BY CLEAR AND CONVINCING EVIDENCE THAT APPELLANT WAS SUBJECT TO COMMITMENT AS A SEXUALLY VIOLENT PREDATOR. (U.S. Const. Amend. XIV; N.J. Const. (1947) Art. I, Par. 1) (Partially Raised Below)

A. The State Failed to Proffer the Testimony of a Treating Psychiatrist (Not Raised Below)

B. The State Failed to Provide Clear and Convincing Evidence of A Present Serious Difficulty In Controlling Sexually Violent Behavior

POINT II

THE TERMS AND IMPLEMENTATION OF NEW JERSEY'S SVPA DENIED APPELLANT'S RIGHT TO SUBSTANTIVE AND PROCEDURAL DUE PROCESS, AS WELL AS EQUAL PROTECTION AND CONFRONTATION (U.S. Const. Amend. VI, XIV; N.J. Const. Art 1, Par. 1) (Not Raised Below)

A. Departures from and Punitive Implementation of the Act

B. The Absence of the Right to Trial by Jury and Burden of Proof Beyond a Reasonable Doubt in Our SVPA Cannot Withstand Constitutional Scrutiny Due to ...


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