6-15-2005 New Jersey:In the Matter of Civil Commitment of ED
This appeal presents us with the opportunity to address a challenge to the procedures used to revoke a committee's conditional discharge and to recommit under the New Jersey Sexually Violent Predator Act, N.J.S.A. 30:4-72.24 to -27.38 (the Act).
We upheld the constitutionality of the Act in In re Commitment of W.Z., 173 N.J. 109, 801 A.2d 205 (2002). We now hold that due process requires the State to give the committee written notice of each asserted violation, and that prior to recommitment under the Act the State must prove by clear and convincing evidence the person is highly likely to reoffend.
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We reverse and remand for a hearing consistent with the views expressed herein.
