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.