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Thursday, March 5, 2009

2-23-09 In the Matter of the Civil Commitment of J.M.B.

2-23-09 In the Matter of the Civil Commitment of J.M.B.
(A-79-07)

When faced with an application for civil commitment under
N.J.S.A. 30:4-27.26(b), a court may consider the circumstances
that led to the qualifying prior conviction. When that conduct
is substantially equivalent to the sexually violent conduct
encompassed by the offenses in N.J.S.A. 30:4-27.26(a), then that
prior conviction may provide the predicate for a civil
commitment application under subsection (b). That determination
may be made by the committing court, on application of the
Attorney General.