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In the Matter of the Civil

April 16, 2012

IN THE MATTER OF THE CIVIL COMMITMENT OF L.K. SVP-389-04.


On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP-389-04.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 19, 2012 --

Before Judges Parrillo and Alvarez.

L.K. appeals from a September 28, 2011 order continuing his involuntary civil commitment to the Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm.

Forty-five year old L.K. has been convicted of five predicate sexual offenses. See N.J.S.A. 30:4-27.26(a). On March 7, 1988, a fifteen-year-old girl was walking home when L.K. grabbed her, dragged her into an abandoned building, and raped her. He was convicted of second-degree sexual assault, N.J.S.A. 2C:14-2(a), and sentenced on June 23, 1989 to an "indeterminate term, not to exceed ten years, to run concurrently with a sentence he was [currently[ serving . . . ."

In 1995, L.K. was indicted arising out of offenses he committed against two nephews and a niece. Ibid. Both boys said that L.K. "sucked their penises, put 'grease' on their bodies and attempted to put his penis into their 'butts.'"

L.K.'s niece stated that L.K. "attempted to put his finger into her vagina, sucked her nipples and attempted anal penetration."

L.K. admitted to several acts of sexual assault.

As a result, in 1996, defendant pled guilty to one count of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(1), and two counts of second-degree sexual assault, N.J.S.A. 2C:14-2(a)(2). He was sentenced to twelve years of imprisonment on the first-degree offense, to be served at the Adult Diagnostic and Treatment Center (ADTC) at Avenel, consecutive to a sentence he was then serving for a 1994 burglary conviction. He was "sentenced to two concurrent 10-year prison terms . . . for the two convictions of sexual assault, to run concurrently to the aggravated sexual assault conviction . . . ."

The State's filed a petition to declare L.K. a sexually violent predator, N.J.S.A. 30:4-27.28, on January 5, 2005. A temporary order of commitment was entered on January 13, 2005, (Da62), followed by an order of commitment on May 9, 2005. In re Civil Commitment of LSK, No. A-2270-05 (App. Div. Jun. 14 2006) (slip op. at 2). Further reviews hearings were conducted on November 30, 2005, November 8, 2006, November 7, 2007, and October 8, 2008. Commitment was continued as a result of each proceeding. L.K. appealed from the November 30, 2005, November 8, 2006, and November 7, 2007 orders, and we affirmed. Id.; In re Civil Commitment of L.S.K., No. A-1800-06 (App. Div. Apr. 10 2007); In re Civil Commitment of L.S.K., No. A-1494-07 (App. Div. May 22, 2008).

L.K. appeals his most recent commitment order, issued following a hearing conducted on September 28, 2011. At the hearing, the State presented the testimony of psychiatrist Dr. Pogos Voskanian, and psychologist Paul Dudek, M.S., an STU staff clinical psychologist and a member of C.T.'s Treatment Progress Review Committee (TPRC). L.K. also testified.

Dudek, testified regarding the TPRC's May 11, 2011 annual review report, which unanimously recommended that defendant remain in phase two of treatment. The TPRC opinion was based on a review of treatment notes and reports, conversations with the team, an oral presentation by L.K., as well as all available discovery material. The report noted that L.K. expressed hostility and anger in group sessions, denied assaults on his nephews, and failed to grasp the components of a healthy sexual relationship. Dudek ...


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