The New Jersey Appellate Division revisited the Sexually Violent Predators Act (SVPA) and civil commitment when deciding In re J.S. The Court held that an individual who is the subject of a civil commitment hearing under the SVPA has the right to effective assistance of counsel and can raise the issue on direct appeal. But … Read more
In In re Expungement of the Involuntary Civil Commitment Record of M.D.V., the Appellate Division reviewed an order from the Superior Court-Law Division that denied the petitioner’s application to expunge his civil commitment records “with prejudice.” The Appellate Division credited the lower court’s thoughtful analysis of the two-pronged test enunciated in N.J.S.A. 30:4-80.9 but held … Read more
In this case, the NJ Supreme Court adopted a new rule in which the Court enumerated the categories of documents subject to discover in an NJ Sexually Violent Predator Act proceeding. The Court also established requirements for the reports of the State’s experts.