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In re Civil Commitment of F.D.

Superior Court of New Jersey, Appellate Division

November 25, 2013

IN THE MATTER OF THE CIVIL COMMITMENT OF F.D., SVP-202-01.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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-202-01.

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

David L. DaCosta, 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

F.D. appeals from the January 29, 2013 order continuing his involuntary civil commitment to the Special Treatment Unit (STU) as a sexually violent predator under the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm.

F.D. is fifty-seven years of age and has been civilly committed to the STU since October 2001. F.D. has a life-long history of alcohol and substance abuse, and admittedly used to trade drugs for sex. F.D. also has an extensive criminal history.

While the predicate offense for his civil commitment occurred in 1997, F.D.'s sexual offense history dates back to 1976 and contains six incidents, five of which resulted in convictions. We have previously set forth in detail, and will not repeat here, except for a summary of the predicate offense, F.D.'s past history of sexually violent conduct. In re Civil Commitment of F.D., No. A-5929-08 (App. Div. Feb. 1, 2010) (slip op. at 3-5).

In January 1997, F.D. was walking and conversing with a woman when he grabbed her by the neck, placed a gun to her side and told her to "keep quiet and keep walking." F.D. led her into an intersection, pointed a handgun at her and forced her to perform oral sex on him. He then forced her onto the ground behind a parked truck, vaginally raped her twice, and struck her on the head with the handgun.

On June 2, 1997, F.D. pled guilty to criminal sexual contact in the fourth degree and criminal restraint in the third degree. N.J.S.A. 2C:14-3b; N.J.S.A. 2C:13-2. He was sentenced to a flat three-year term.

In November 2000, F.D. plead guilty to fourth degree criminal sexual contact, N.J.S.A. 2C:14-3B, and fourth degree aggravated assault, N.J.S.A. 2C:12-1(b)3. On February 2, 2001, he was sentenced to an eighteen-month term. The plea agreement resulted from a June 26, 2000, incident in which F.D. forced a woman to perform oral sex on him, hit the woman with a stick until she agreed to have sex with him, and then had intercourse with the woman.

Prior to F.D.'s release from incarceration, the State petitioned for his commitment to the STU under the SVPA. After a probable cause hearing, F.D. was temporarily committed to the STU in October 2001, and a final hearing was held on May 7, 2002. Since his initial commitment, ...


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