In the Matter of the Civil Commitment of J.M.B., Svp-358-04

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s order committing J.M.B. under the Sexually Violent Predator Act, holding that subsection (b) permits a court to deem a prior non‑enumerated conviction a sexually violent offense when the conduct is substantially equivalent to offenses listed in subsection (a) and that the required standard of proof is clear and convincing evidence. The Court also rejected J.M.B.’s constitutional challenges, finding the statute neither vague nor punitive. Justice Albin dissented, arguing that the specific finding under subsection (b) should be proved beyond a reasonable doubt and that the case should be remanded.