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Wednesday, November 17, 2010

In the Matter of the Civil Commitment of W.X.C. (A-33-09)

In the Matter of the Civil Commitment of W.X.C.

(A-33-09) 11-9-10

The Court concludes that the Sexually Violent Predator

Act (SVPA) is remedial and regulatory in nature, and

that its incidental effects, including the use of

confinement as part of the treatment methodology, do

not alter the essential character of the statute. The

Court thus declines to conclude that the SVPA is

transformed into a punitive, and therefore

unconstitutional, enactment merely because it applies

to some individuals, like defendant, who were not

provided with specialized treatment prior to civil

commitment.