Right to counsel

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Legislation, Sexually Dangerous Persons - Confinement

The Sexually Violent Predators Act (SVPA) allows for the indefinite civil confinement of individuals deemed sexual predators. The statute covers individuals who have been "convicted, adjudicated delinquent or found not guilty by reason of insanity for commission of a sexually violent offense, or [have] been charged with a sexually violent offense but found to be incompetent to stand trial."  N. J. Stat. Ann. § 30:4-27.26. Although hearings under the SVPA are non-jury civil proceedings, there is an affirmative right to counsel including the appointment of counsel for indigent individuals. N. J. Stat. Ann. § 30:4-27.31. Again, it is unclear if a request for counsel must be made. 

Appointment of Counsel: categorical Qualified: no