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IN RE COMMITMENT OF P.C.

794 A.2d 211 (2002)

349 N.J. Super. 569

In the Matter of the COMMITMENT OF P.C.

Superior Court of New Jersey, Appellate Division.

Decided April 8, 2002.

Attorney(s) appearing for the Case

Joan D. Van Pelt, Assistant Deputy Public Defender, argued the cause for appellant P.C. (Peter A. Garcia, Acting Public Defender, attorney; Ms. Van Pelt, on the brief).

Mary Beth Wood, Deputy Attorney General, argued the cause for respondent State of New Jersey (Peter C. Harvey, Acting Attorney General, attorney; Nancy Kaplen, Assistant Attorney General, of counsel; Ms. Wood, on the brief).

Before Judges KING, WECKER and WINKELSTEIN.

The opinion of the court was delivered by KING, P.J.A.D.

The issue in this case is the power of the county prosecutor to plea bargain away the Attorney General's right to seek civil commitment under the Sexually Violent Predators Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We conclude that the county prosecutor has no such power. A plea agreement by a county prosecutor which operates as an impediment to a valid civil commitment of a sexual predator is void as...

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