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IN RE CIVIL COMMITMENT OF R.F.

A-10 September Term 2012, 070552

85 A.3d 979 (2014)

217 N.J. 152

In the Matter of the CIVIL COMMITMENT OF R.F. SVP 490-08.

Supreme Court of New Jersey.

Decided March 19, 2014.

Attorney(s) appearing for the Case

Nora R. Locke, Assistant Deputy Public Defender, argued the cause for appellant R.F. (Joseph E. Krakora, Public Defender, Mental Health Advocacy, attorney).

Lisa A. Puglisi, Assistant Attorney General, argued the cause for respondent State of New Jersey (John J. Hoffman, Acting Attorney General, attorney; Melissa H. Raksa, Assistant Attorney General, of counsel; Ms. Puglisi and Amy Beth Cohn, Deputy Attorney General, on the letter briefs).

Justice ALBIN delivered the opinion of the Court.

Before the State can deprive a person of his freedom, either in a criminal trial or a civil commitment hearing, the State must satisfy a high standard of proof. Under the New Jersey Sexually Violent Predator Act (SVPA or Act), N.J.S.A. 30:4-27.24 to -27.38, a person previously convicted of a sexual offense can be civilly committed only if the State can establish by clear and convincing evidence that he suffers...

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