IN THE MATTER OF THE CIVIL COMMITMENT OF P.P. (SVP-711-15, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-5036-17T5
IN THE MATTER OF THE CIVIL
COMMITMENT OF P.P.,
SVP-711-15.
_______________________________
Argued May 14, 2019 – Decided May 24, 2019
Before Judges Fisher, Hoffman and Suter.
On appeal from Superior Court of New Jersey, Law
Division, Essex County, Docket No. SVP-711-15.
Patrick Madden, Assistant Deputy Public Defender,
argued the cause for appellant (Joseph E. Krakora,
Public Defender, attorney).
Rachel Frey, Deputy Attorney General argued the cause
for respondent (Gurbir S. Grewal, Attorney General,
attorney).
PER CURIAM
P.P., a sex offender who was civilly committed in 2015 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, appeals from a June 6, 2018 Law Division
judgment continuing his commitment after a review hearing. We affirm
substantially for the reasons stated by Judge Philip M. Freedman in his oral
decision.
P.P.'s history of sexual offenses was recounted in this court's prior opinion
upholding his commitment under the SVPA:
In January 2003, P.P. pled guilty to two counts of
second-degree sexual assault, N.J.S.A. 2C:14-2(c), of
two fourteen-year-old girls, A.S. and J.F., with whom
he had sexual intercourse. P.P. impregnated A.S. who
bore a child. P.P. was sentenced to two concurrent
eight-year terms of imprisonment and [community
supervision for life] (CSL), and ordered to comply with
Megan's Law registration requirements.
In 2007, while investigating a complaint that P.P. had
sexually assaulted a six-year-old girl, the investigator
discovered that P.P. was not living at the address he had
registered under Megan's Law. In January 2011, P.P.
pled guilty to the CSL violation, and was sentenced to
eighteen months in State prison.
In May 2008, P.P. was arrested and charged with
violating the condition on special sentence that
prohibited him from using the internet to access social
network websites. P.P. was found guilty of the charge
and sentenced to eighteen months in State prison.
In May 2010, an investigator from the Gloucester
County Prosecutor's Office was monitoring the internet
and found suspicious file extensions on P.P.'s
computer. An investigation revealed files showing an
adult male engaging in various sex acts with a
prepubescent female and a tutorial demonstrating how
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to use various objects as sex toys with a preteen
daughter and avoid detection.
In August 2010, P.P. pled guilty to second-degree
endangering the welfare of a child, N.J.S.A. 2C:24-
4(b)(5)(a), and fourth-degree violation of special
sentence for failure to register and notify the police of
a change of address, N.J.S.A. 2C:43-6.4(d). P.P. was
sentenced to six years in State prison on the
endangering charge, and a concurrent eighteen months
on the CSL violation. P.P. also has an adult nonsexual
criminal history that includes convictions for simple
assault, terroristic threats, and domestic violence
resulting in a final restraining order issued against him.
[In re Civil Commitment of P.P., No. A-4011-14 (App.
Div. July 18, 2017).]
The applicable law and our scope of review is well settled. Involuntary
civil commitment under the SVPA can follow completion of a custodial sentence
when the offender "suffers from a mental abnormality or personality disorder
that makes the person likely to engage in acts of sexual violence if not confined
in a secure facility for control, care and treatment." N.J.S.A. 30:4-27.26. The
SVPA defines "mental abnormality" as "a mental condition that affects a
person's emotional, cognitive or volitional capacity in a manner that predisposes
that person to commit acts of sexual violence." Ibid. The mental abnormality
or personality disorder "must affect an individual's ability to control his or her
sexually harmful conduct." In re Commitment of W.Z., 173 N.J. 109, 127
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(2002). A showing of an impaired ability to control sexually dangerous behavior
will suffice to prove a mental abnormality. Id. at 129; see also In re Commitment
of R.F., 217 N.J. 152, 173-74 (2014).
At an SVPA commitment hearing, the court must address the offender's
present "serious difficulty with control over dangerous sexual behavior."
W.Z., at 132-33. To commit or continue the commitment of the individual to
the STU, the State must establish by clear and convincing evidence that it is
highly likely the individual will sexually reoffend within the reasonably
foreseeable future. Id. at 133-34; see also R.F., 217 N.J. at 173. Because
commitment under the SVPA is based on "present serious difficulty with control
over dangerous sexual behavior," the "annual court review hearings on the need
for continued involuntary commitment" require assessment of "fresh
information concerning the committee's dangerousness." W.Z., 173 N.J. at 132-
33.
On this appeal, our review of Judge Freedman's decision is extremely
limited. In re Commitment of J.P., 339 N.J. Super. 443, 459 (App. Div. 2001)
("The scope of appellate review of a trial court's decision in a commitment
proceeding is extremely narrow."). We will disturb his decision only where
there was a clear abuse of discretion, and "it is our responsibility to canvass the
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record, inclusive of the expert testimony, to determine whether the findings
made by the trial judge were clearly erroneous." In re Civil Commitment of
W.X.C., 407 N.J. Super. 619, 630 (App. Div. 2009), aff'd, 204 N.J. 179 (2010).
In light of his expertise in handling these cases, "[w]e must give the 'utmost
deference' to [Judge Freedman's] determination of the appropriate balancing of
societal interest and individual liberty." Ibid. (citation omitted).
On appeal, P.P. contends the State failed to show by clear and convincing
evidence that he remains a sexually violent predator. He asserts the evidence
presented by the State did not support the judge's conclusion that he "suffers
from mental abnormality and a personality disorder that individually and in
combination predisposes him to engage in acts of sexual violence," nor the
conclusion that if released, "he would have serious difficulty controlling
sexually violent behavior."
Following our review of the record, we conclude P.P.'s arguments lack
substantive merit. Judge Freedman correctly applied the standards for continued
commitment to the evidence adduced at the 2018 review hearing. The testimony
of the State's experts clearly demonstrates P.P. continues to have mental
abnormalities that pose a serious danger that he will sexually reoffend if released
from the STU. Judge Freedman found both experts to be credible and
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uncontradicted. The judge also considered and rejected P.P.s claims that he is
"not attracted to children," and that he "was just massively unlucky." We give
deference to trial judges' findings based upon their "opportunity to hear and see
the witnesses and to have the 'feel' of the case." In re Civil Commitment of R.F.,
217 N.J. 152, 174 (2014) (quoting State v. Johnson, 42 N.J. 146, 161 (1964)).
Affirmed.
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