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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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