Supreme Court of New Jersey

In the Matter of the Civil Commitment of R.F. Svp 490-08 (070552)

March 19, 2014217 N.J. 152

Summary

The Supreme Court of New Jersey held that trial‑court findings in a Sexually Violent Predator Act (SVPA) civil‑commitment hearing are entitled to special deference and may be overturned only on a clear‑mistake basis. The State failed to meet its clear‑and‑convincing burden to show that R.F. was highly likely to reoffend, so the appellate division’s reversal was reversed and the trial court’s decision reinstated, with a remand for further proceedings. Justice Patterson dissented, arguing that the trial court’s findings were mistaken and that R.F. should remain committed.