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In re Civil Commitment of R.E.B.

Superior Court of New Jersey, Appellate Division

November 25, 2013

IN THE MATTER OF THE CIVIL COMMITMENT OF R.E.B., SVP-367-04.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued November 12, 2013

On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP-367-04.

Joan D. Van Pelt, Designated Counsel, argued the cause for appellant R.E.B. (Joseph E. Krakora, Public Defender, attorney).

Amy Beth Cohn, Deputy Attorney General, argued the cause for respondent State of New Jersey (John J. Hoffman, Acting Attorney General, attorney).

Before Judges Parrillo and Kennedy.

PER CURIAM

Appellant R.E.B. appeals from a February 22, 2013 order, continuing his involuntary commitment to the New Jersey Special Treatment Unit (STU), pursuant to the New Jersey Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm.

I.

In April 2007, we considered R.E.B.'s appeal from an order confining him to the STU and affirmed the order. In re Civil Commitment of R.Z.B., 392 N.J.Super. 22 (App. Div.), certif. denied 192 N.J. 296 (2007).[1] We incorporate here our prior recitation of R.E.B.'s criminal history set forth in our 2007 opinion affirming R.E.B.'s initial civil commitment. Therefore, we set forth only these additional facts pertinent to this appeal.

R.E.B. was born on October 13, 1948, and is currently sixty-five years of age. On April 6, 1995, following a jury trial, R.E.B. was convicted in the United States District Court for the District of New Jersey, of the following offenses: (1) conspiracy, 18 U.S.C. § 371; (2) sexual exploitation of children, 18 U.S.C. § 2251(a); (3) interstate transportation of child pornography, 18 U.S.C. § 2252(a)(1); (4) receipt, distribution and reproduction of child pornography, 18 U.S.C. § 2252(a)(2); and (5) possession of child pornography, 18 U.S.C. § 2252(a)(4)(B). He was sentenced to 120 months in federal prison and was released from prison in 2002. Shortly after his release, in 2003, R.E.B. violated the terms of his parole, and was again sentenced to federal prison.

Prior to his release in April 2004, the State petitioned for R.E.B.'s civil commitment. In February 2005, the trial court concluded that R.E.B. was a sexually violent predator, and committed him to the STU. As noted, we affirmed that order.

At R.E.B.'s most recent civil commitment hearing on February 22, 2013, the State presented the testimony of Dr. Pogos Voskanian, a psychiatrist, and Dr. Debra Roquet, a psychologist and member of the Treatment Progress Review Committee (TPRC) at the STU. R.E.B. testified and presented the testimony of Dr. Christopher Lorah, a psychiatrist. In addition, the trial court received into evidence various treatment notes and other records.

Dr. Voskanian interviewed R.E.B. on November 14, 2012, and reviewed his criminal and treatment records. He had evaluated R.E.B. in 2009, as well. He characterized R.E.B. as intelligent, and "very verbose, " and noted that R.E.B. has a degree in psychology. Dr. Voskanian opined that R.E.B.'s sexual offending history indicated that R.E.B.'s "sexual pathology is his primary identity[, ]" and that his primary sexual orientation was pedophilia, "not only as a pleasure and primary orientation, but it was also his job." "He was making videotapes, " even though he denied that he ever profited from them, "it's his lifestyle, his ...


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