On appeal from Superior Court of New Jersey, Law Division, Mercer County, Docket No. MH-729-2006.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Parker, Yannotti and LeWinn.
R.P. appeals from an order entered on September 18, 2008 continuing his involuntary civil commitment and scheduling his next review hearing for December 11, 2008. At the December 11, 2008 hearing, his involuntary commitment was terminated and he was granted a Conditional Extension Pending Placement (CEPP).
Appellant was sentenced to a term at the Adult Diagnostic Treatment Center (ADTC) after he was found guilty of sexual assault, burglary, possession of a weapon for an unlawful purpose and terroristic threats. The charges arose from his invading the home of a fourteen-year-old girl, restraining her, cutting off her clothes and sexually assaulting her in the presence of her five-year-old brother. Appellant served approximately 121/2 years in the ADTC.
In a termination report dated March 3, 2005, an ADTC therapist evaluated appellant's record and made the following recommendations:
On the STATIC-99, [R.P.'s] score indicates that he is at "medium-low" risk for sexual re-offense. On the MnSOST-R, he has a score that suggests that he is a "moderate" risk for sexual re-offense. This risk is exacerbated by [R.P.'s] long history of substance abuse and lack of family or community support. Nevertheless, it is the opinion of the writers that [R.P.] does not meet the criteria for commitment as a [s]exually [v]iolent [p]redator. Given his long-standing psychiatric stability, [R.P.] is not a candidate for general civil commitment. Upon release it is recommended that he attend sex offender specific aftercare, attend substance abuse treatment and attend Alcoholic and Narcotic Anonymous meetings, weekly.
On June 27, 2005, an ADTC psychiatrist evaluated appellant to determine whether he met the criteria for civil commitment under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4- 27.26. At the time of that evaluation, R.P. was fifty-one years old and the diagnostic impression was:
AXIS I: Paraphelia, [NOS]. Post-Traumatic Stress Disorder. Heroin and Alcohol Dependence in Institutional Remission.
AXIS II: Borderline Intellectual Functioning. Possible Mild Mental Retardation. Borderline Personality Disorder. Antisocial Personality Disorder. Conduct Disorder.
AXIS III: Meditastic Disease of the Right Humerus. History of Renal Malignancy, Reportedly in Remission. Headaches, Chronic Migraines. Chronic Renal Insufficiency. ...