State of New Jersey, Plaintiff-Respondent v. Charles G. Howard, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that, under Rule 3:9-2, a trial court must advise a sex offender of the possibility and parole‑eligibility consequences of an ADTC (Avenel) sentence before accepting a guilty plea. It further held that the appropriate standard of proof for finding a defendant to be a repetitive and compulsive sex offender is a preponderance of the evidence, and that the Avenel sentence does not violate substantive due process or the prohibition on cruel and unusual punishment. The Court reversed the Appellate Division and remanded for the trial court to either allow the plea to stand or permit withdrawal with reinstatement of the dismissed charges.