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In re Civil Commitment of K.J.

Superior Court of New Jersey, Appellate Division

November 25, 2013

IN THE MATTER OF THE CIVIL COMMITMENT OF K.J., SVP-475-07.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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-475-07.

Patrick Madden, Assistant Deputy Public Defender argued the cause for appellant K.J. (Joseph E. Krakora, Public Defender, attorney).

Cindi Collins, 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.

K.J. appeals a Law Division order continuing his 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.

We have considered an earlier appeal by K.J. confining him to the STU. In re Commitment of K.J., No. A-3325-07 (App. Div. June 14, 2010). We incorporate here the factual recitation in our earlier opinion affirming K.J.'s initial civil commitment.

K.J. was born on December 4, 1963, and is forty-nine years of age. In November 1988, at age twenty-six, K.J. committed a series of sexually violent offenses, involving several women, over a period of eight days. K.J. was indicted for various sexual offenses, as well as other offenses, based on those incidents. On December 18, 1989, following a jury trial, K.J. was convicted of: (1) first-degree robbery, N.J.S.A. 2C:15-1; (2) second-degree sexual assault, N.J.S.A. 2C:14-2(c); (3) fourth-degree possession of a weapon, N.J.S.A. 2C:39-5(d); (4) second-degree burglary, N.J.S.A. 2C:18-2; first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(4); (5) third-degree terroristic threat, N.J.S.A. 2C:12-3; and (6) possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d). K.J. was given an aggregate sentence of thirty-five years incarcerations.

In the interim, in September 1990, appellant pled guilty to: (1) first degree robbery; (2) second degree attempted aggravated sexual assault, second degree attempted sexual assault, and second degree sexual assault; (3) third degree terroristic threats and two counts of third degree possession of a weapon for an unlawful purposes; and (4) fourth degree unlawful possession of a weapon.

On July 5, 2007, while he was serving his sentence at Riverfront State Prison, Christine L. Kokonos, Psy.D, evaluated K.J. as part of a sexually violent predator risk assessment. K.J., supra, No. A-3325-07 (slip op. at 6-7). "Kokonos concluded that although [K.J.] did not meet the criteria for a standard mental health commitment, he nonetheless met the criteria for diagnosis as a 'repetitive sex offender.'" K.J., supra, No. A-3325-07 (slip op. at 7).

On October 16, 2007, K.J. was diagnosed by Dr. Kokonos with the following mental abnormalities and/or personality disorders: (1) Paraphilia, not otherwise specified (sexually aroused to rape); (2) Polysubstance Dependence; (3) Antisocial Personality Disorder; and (4) Impulse Control Disorder (sexually related). The State filed a petition for K.J.'s civil commitment under the SVPA. On February 28, 2008, following a final commitment hearing, the trial court found that K.J. was a sexually violent predator, and ordered that he be remanded to the STU. We affirmed, and explained, "[i]n her oral opinion, the trial judge found that the State had clearly and convincingly proven that [K.J.] was 'highly likely to commit ...


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