{"id":73915,"date":"2024-12-10T12:29:00","date_gmt":"2024-12-10T12:29:00","guid":{"rendered":"https:\/\/tvbrazilusa.com\/2024\/12\/10\/more-than-100-sex-offenders-could-be-safely-freed-from-controversial-n-j-lockup-ex-judge-says\/"},"modified":"2024-12-10T12:38:45","modified_gmt":"2024-12-10T12:38:45","slug":"more-than-100-sex-offenders-could-be-safely-freed-from-controversial-n-j-lockup-ex-judge-says","status":"publish","type":"post","link":"https:\/\/tvbrazilusa.com\/pt\/2024\/12\/10\/more-than-100-sex-offenders-could-be-safely-freed-from-controversial-n-j-lockup-ex-judge-says\/","title":{"rendered":"More than 100 sex offenders could be safely freed from controversial N.J. lockup, ex-judge says"},"content":{"rendered":"<p> <script async src=\"https:\/\/pagead2.googlesyndication.com\/pagead\/js\/adsbygoogle.js?client=ca-pub-8864793242727901\"\r\n     crossorigin=\"anonymous\"><\/script><br \/>\n<\/p>\n<div>\n<p class=\"article__paragraph article__paragraph--left\" id=\"2BSDDMGLUNHQZBFUZT2Z22VNYE\">Superior Court Judge Bradford Bury couldn\u2019t believe what was happening in his courtroom.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KS2AZLKFZ5CYJGQKMZMY33L6G4\">The judge was overseeing a hearing to decide if a man should remain locked up in <a href=\"https:\/\/www.nj.com\/news\/2024\/05\/shadow-prison.html\" target=\"_blank\">New Jersey\u2019s civil commitment system<\/a>, the controversial program that holds sex offenders long after their prison sentences are done if they are deemed too dangerous to reenter society.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"SCJCGQQCSRFW5OUVMT7T64422M\">The state brought a psychiatrist into Bury\u2019s courtroom to help argue that the man, whose prison sentence ended two decades ago, should remain detained.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"Z5PRKPRJRFFTJJZ5L7YUFEOHQI\">But, Bury soon learned the same psychiatrist testified 20 years earlier when the man was first committed \u2014 for the defense. That time, the doctor argued the offender should not be committed.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"WOM2DHCFPVDQJEYLYJFGTORZAU\">The judge suggested lawyers for the Attorney General\u2019s office find a new psychiatrist. But, after speaking with their supervisor, the state\u2019s lawyers said they didn\u2019t need to switch doctors. They didn\u2019t see a problem and were ready to move ahead.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"JRTMANMKSNCO3MXYNQM7CS5YRI\">Bury was stunned.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"BVJR5M4CGFBTZMWPVGSUKWWRJM\">\u201cI almost fell off my chair,\u201d he said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"XLELHF6QUFFS7ASTV2HEXOPTWA\">That 2020 case was one of many examples of what Bury believes are <a href=\"https:\/\/www.nj.com\/opinion\/2024\/06\/action-needed-after-njs-correctional-gulag-is-exposed-opinion.html\" target=\"_blank\">deep problems with how New Jersey\u2019s civil commitment program<\/a> is administered.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"HR3PVPJ6XNCMTKCKYASN6TOJTU\"><b>MORE: <\/b><a href=\"https:\/\/www.nj.com\/news\/2024\/05\/shadow-prison.html\" target=\"_blank\"><b>Their prison sentences are done, but N.J. is still holding 416 men indefinitely<\/b><\/a><\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"CSABPAW6TRB25AYZZFZPERYPDY\">The 71-year-old former judge \u2014 who was the primary judge presiding over sex offender civil commitment cases in New Jersey for two years \u2014 said he sent the Attorney General\u2019s office a lengthy report last year about severe problems with how its staff administered and enforced the state\u2019s Sexually Violent Predator Act, or SVPA, that detains convicted sex offenders.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"K2UNJ5ENSBGWRDLKA3T64FXVZA\">Bury said he is now ready to go public with his concerns following NJ Advance Media\u2019s investigative report, \u201c<a href=\"https:\/\/www.nj.com\/news\/2024\/05\/shadow-prison.html\" target=\"_blank\">Shadow prison<\/a>,\u201d published in May that detailed numerous allegations of problems within New Jersey\u2019s Special Treatment Unit for civilly committed sex offenders.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"Q7X4K6RWB5CL3EZJXQEHSJHJ74\">The retired judge said he\u2019s calling for major reforms to what he sees as a system in crisis.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"PZ6LHY5RNZGDBLFBMWTBJWBYNA\">\u201cMy parents always taught me to be truthful and to do the right thing,\u201d he said. \u201cThe SVPA docket is a mess and in terrible distress. Trying to fix it is worth my effort.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ARPHYVCA2JHENHHAIUDSQUPMXY\">And Bury has a stunning assessment of the program: A third of the roughly 400 civilly committed sex offenders in New Jersey could be safely released if changes are made to how the system is administered.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"OHQZFUXRJ5DDBCZQKVYZZCAHVQ\">The state Attorney General\u2019s office and administration at the Special Treatment Unit are unnecessarily holding some who could qualify for release and frequently try to derail court-ordered discharges, Bury alleges.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"B4GRCOFQGBBAHB2DMUF5SZXDGQ\">Before he retired last year, Bury sent the state Attorney General\u2019s office a 35-page document outlining his concerns. He said he was told his allegations triggered a review, but he received no other response.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"2NEOZC3GXJF2LARFZ6VGIX2THI\">The state Attorney General\u2019s office declined to comment to NJ Advance Media on Bury\u2019s allegations.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"EHLCBD7FNZABBHZICFDL7L6XQI\">But, the office released a statement saying its staff abides by the law and standards of conduct.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"I4KYVVQD55FDLCNJC3AHFHC4IQ\">\u201cNot only do the State\u2019s attorneys in these cases adhere to the law and their professional responsibilities, but they confront these complex and often sensitive situations on a daily basis with the understanding that their actions have a direct and significant impact on the lives of New Jersey residents, their families, and their loved ones,\u201d the Attorney General\u2019s office statement said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"R35KQ6FAAJBKZHYYWWUMENWBE4\">\u201cBecause of this, they take particular care to perform their legal duties and obligations with dignity and compassion,\u201d the statement said.<\/p>\n<figure class=\"article__image\">\n<div class=\"article__image-wrapper\"><picture><source media=\"(max-width: 500px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/HTWKZUSJ6FGEVIYOTWHNV4SQOE.png?auth=387c3d799f3b0c8ea8143032e43460c32565bfdf4b781acdcfedebe1da9c44df&#038;width=500&#038;quality=90 500w\"\/><source media=\"(max-width: 800px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/HTWKZUSJ6FGEVIYOTWHNV4SQOE.png?auth=387c3d799f3b0c8ea8143032e43460c32565bfdf4b781acdcfedebe1da9c44df&#038;width=800&#038;quality=90 800w\"\/><source srcset=\"https:\/\/www.nj.com\/resizer\/v2\/HTWKZUSJ6FGEVIYOTWHNV4SQOE.png?auth=387c3d799f3b0c8ea8143032e43460c32565bfdf4b781acdcfedebe1da9c44df&#038;width=1280&#038;quality=90 1280w\"\/><\/picture><figcaption class=\"article__image-caption\">\n<p class=\"article__mm-image-caption-text\">Bradford Bury served as a New Jersey Superior Court judge presiding over the state&#8217;s sex offender civil commitment docket for two years.<span class=\"article__mm-image-credit\">(Provided Photo)<\/span><\/p>\n<\/figcaption><\/div>\n<\/figure>\n<h2 class=\"article-heading\">Behind the system<\/h2>\n<p class=\"article__paragraph article__paragraph--left\" id=\"67W6WOZXIBC2JABULBUQ6OCT3Y\">New Jersey launched its civil commitment system for sex offenders in the late 1990s with creation of the Sexually Violent Predator Act. The law allowed the state to commit \u2014 or hold indefinitely \u2014 convicted sex offenders who were reaching the end of their prison terms if they were found likely to reoffend if released.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"5BLQSGCBJVB4BMWUYDEHQGIDPE\">Offenders committed under the act are placed in the Special Treatment Unit, a barbed-wire-wrapped compound next door to East Jersey State Prison in the Avenel section of Woodbridge.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"J6TFDFKOXFCTHB2IH3YQ5EFGMI\">The state Department of Health handles treatment of detainees, while the Department of Corrections is responsible for housing and security.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"U7XNFDCMB5BC7B6ZLQBYSXDRAA\">Detainees receive treatment and counseling. While they aren\u2019t considered inmates and enjoy limited freedoms, they\u2019re locked up in the facility.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"HZXUGFXBABB6XGMU5O26YRMHZA\"><b>MORE: <\/b><a href=\"https:\/\/www.nj.com\/middlesex\/2024\/07\/peanut-butter-dispute-led-to-nj-corrections-officers-killing-detainee-family-alleges.html\" target=\"_blank\"><b>Peanut butter dispute led to N.J. corrections officers killing detainee, family alleges<\/b><\/a><\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"F4A6XNS3ZNHQDFBW76BTKJ75GM\">Annual hearings before a judge are held to determine if detainees should remain locked up another year or begin their discharge process.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"DSQQFN45GNDNFMEETDDNS76IMI\">Bury \u2014 a Superior Court judge since 2013 and a former assistant prosecutor in Union and Morris counties \u2014 presided over the Sexually Violent Predator Act docket from January 2020 until February 2022.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"L23NSRYJ7BDEJJ3HZDTZZFFDUA\">He believes the law is necessary.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"Q4DQAUYNP5GYPDVZ3ZTXX4DIHA\">\u201cGood concept, good purpose. However, it\u2019s uneven and unfair to approximately a third of the residents in its application and its implementation,\u201d Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ZMG22VUBOFAKLD7T7QSGSDXNJM\">He believes civilly committed sex offenders fall into three categories.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ALPCGKRNEFDV5EQIQMC5LWSK44\">About a third of the detainees are \u201cso psychologically damaged, often because they were victims of sexual abuse and violence themselves,\u201d that they are not mentally capable of receiving treatment and making changes, according to Bury. They can\u2019t be safely released.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ZNQQCERSERF6RAH6M26BT6JYMQ\">Another third know they have mental health problems and a sexual deviancy, but \u201cthey\u2019re just unwilling to change, no matter how much good treatment is placed in front of them,\u201d he said. They also can\u2019t be released.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"WLD6VZ6RP5HT5J5JRLL7HUQHT4\">The remaining third are trying to get better and get released, but they\u2019re delayed by problems within New Jersey\u2019s flawed system, Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"Y7PL2MRZKJGGFKJLSP43MPL6WQ\">He attributes delays to a \u201cone-size-fits-all\u201d approach to treatment and an overwhelming fear of criticism if a released sex offender were to commit another crime. Those attitudes have created a system that warehouses detainees worthy of release, he said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"4KBKOGXE4RAJZBIOAA6476L6OE\">\u201cWe can\u2019t say as a society that we\u2019re going to prevent all risk by letting no one out or nearly no one out,\u201d Bury said. \u201cThere are a group of individuals who do get rehabilitated and are capable of being discharged into the community safely, with conditions and continual supervision, and living productive lives.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"2CXXIE4JSBHHJFNBGJCWQFS73M\">Of the more than 830 people ever detained at the treatment unit since the late 1990s, more than 300 have been released.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"CJJJ4AVJMVHSRE6SZQN364XCIE\">Nearly 100 more have either died while detained or been released to hospice care.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7ZBLWDODQBE3ZD7YYBM5CO7QXE\">Of the 420 men currently in the unit, eight have remained locked up under civil commitment for at least 25 years each, according to state records.<\/p>\n<figure class=\"article__image\">\n<div class=\"article__image-wrapper\"><picture><source media=\"(max-width: 500px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/63RHI3Q5CFDAPPGXYLRO3IKEHM.jpeg?auth=8a8fce1d220e681f6fadf18809fb183bf173ff60c9d18ba5676f654bb4e803f9&#038;width=500&#038;quality=90 500w\"\/><source media=\"(max-width: 800px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/63RHI3Q5CFDAPPGXYLRO3IKEHM.jpeg?auth=8a8fce1d220e681f6fadf18809fb183bf173ff60c9d18ba5676f654bb4e803f9&#038;width=800&#038;quality=90 800w\"\/><source srcset=\"https:\/\/www.nj.com\/resizer\/v2\/63RHI3Q5CFDAPPGXYLRO3IKEHM.jpeg?auth=8a8fce1d220e681f6fadf18809fb183bf173ff60c9d18ba5676f654bb4e803f9&#038;width=1280&#038;quality=90 1280w\"\/><img loading=\"lazy\" src=\"https:\/\/www.nj.com\/resizer\/v2\/63RHI3Q5CFDAPPGXYLRO3IKEHM.jpeg?auth=8a8fce1d220e681f6fadf18809fb183bf173ff60c9d18ba5676f654bb4e803f9&#038;width=500&#038;quality=90\" sizes=\"auto, 50vw\" fetchpriority=\"low\" alt=\"Annex bulding at Special Treatment Unit\" decoding=\"async\" class=\"article__image-content\" height=\"600\" width=\"300\"\/><\/picture><figcaption class=\"article__image-caption\">\n<p class=\"article__mm-image-caption-text\">A view of a cluttered detainee dormitory in the annex building at the Special Treatment Unit for civilly committed sex offenders. Detainees in this part of the unit sleep in cubicle-like areas, surrounded by their own possessions, including clothing, TVs, gaming systems and food.<span class=\"article__mm-image-credit\">(Submitted Photo)<\/span><\/p>\n<\/figcaption><\/div>\n<\/figure>\n<h2 class=\"article-heading\">\u2018Ya\u2019ll did me so dirty\u2019<\/h2>\n<p class=\"article__paragraph article__paragraph--left\" id=\"E7AFGO4UEFGMFL2SQ4Z7BOQQJ4\">In the 2020 case in which Bury raised concerns about the psychiatrist who testified both for and against keeping a detainee locked up over the years, the judge ultimately ruled the doctor had a conflict of interest.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"RLVWQWMDC5GCRJC3PXAUR2LFUM\">In fact, the doctor had testified twice on the man\u2019s behalf and six times against him as a state expert at annual hearings, according to Bury, who declined to identify the doctor.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"LDMTDXO2T5GP7L37UZZG6SOWTY\">The doctor claimed he didn\u2019t recall having acted as an expert for the detainee and that his name had not come up in his personal records that track potential conflicts of interest, Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"LONTHCQVBBABHLE6UOSD4HW2NU\">The judge later ruled the detainee, based on a review of his treatment history, qualified for release after two decades in the Special Treatment Unit.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ITY5A4AQO5H6NHV4LVSM7HM53E\">That detainee still remembers the emotions that washed over him when he got the call from his lawyer that the judge ruled in his favor.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"M4Z6XXX6IRESTGSS22FRYZEC24\">\u201cThat brought tears to my eyes,\u201d said the man, who asked that his name not be used as he attempts to build a new life. \u201cIt was something that touched me deeply and I still feel it today.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"BTRSG7IMO5G6XPTUO5L26QVP5U\">Now in his 60s, he remains angry over the way he was treated by the civil commitment system.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"2P7JWQJBCZEGTDWMUL5WCO7ZWU\">\u201cThose people are paid to do a job and the job is to f&#8212;ing hold you there as long as they can,\u201d he said. \u201cI can\u2019t let go of the fact that ya\u2019ll did me so dirty.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"4EASZOQDRZGQJNIJA3O5CBY4GI\">The psychiatrist should have known he couldn\u2019t testify against him after previously testifying in his favor, the ex-detainee said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"N6UOWCDHKFCYBKQ4YDWX5SFYFM\">\u201cHe should have disqualified himself once he seen my name,\u201d the ex-detainee said. \u201cHe can\u2019t work both sides of the fence.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ARTQZKNO45HWPANNQ3LU2NHR7I\">The man served about seven years in prison on a sexual assault conviction, followed by more than 20 years in civil commitment. He was released last year, though he\u2019s still under state supervision and wears an ankle bracelet.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ABEZ5QROCJA23IEDGNZF3DHAJ4\">In his case, it took about 2\u00bd years from when Bury ordered his discharge planning to begin to when he was actually discharged, the man said. Some, but not all, of that delay was attributed to the pandemic.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"Y7HNSCHXKRB6NEHW2ZRWIOFGZA\">Bury criticized the Attorney General\u2019s unit that handles civil commitment cases for needlessly delaying releases and not working with public defenders to resolve cases. He also said it was rare for the Attorney General\u2019s office to recommend anyone for release.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"C2FRMBY6RVGT7JEXD5YKISM2KQ\">In describing his concerns about particular cases, Bury didn\u2019t identify any detainees by name or share court documents.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YPRVKC2DHFFLTIJQNLEXUQLZHU\">Those considered for discharge spend about a year preparing for release once a judge issues the order to begin the process. Offenders begin with furloughs in which they can leave the unit, first accompanied by facility staff and later on their own.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"WWSW6ZF53BGJVAX4QM2SXXBYEE\">State attorneys and officials in the Special Treatment Unit would often use that time to \u201csandbag,\u201d or try to derail, an offender\u2019s release, Bury alleged.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"5YYFBVCWEJBVFMMKSCCJXSOI4A\">\u201cThe state and the STU would often actively seek to delay implementation of the discharge plan,\u201d he said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TFDZUODB5VGK7NFJWHJZKTKTQQ\">It\u2019s common practice for the public defender\u2019s office, which represents most detainees, to have to file motions in court to keep the process moving toward discharge, Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"4IAWASXRTBA2RJSICNQTRP6UVI\">A veteran attorney working in New Jersey\u2019s civil commitment system agreed.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"PUPHYDBZBJD7BDFL5XIRPY75CY\">\u201cThe STU is frankly passive aggressive when it comes to cases they lose,\u201d said Joan Van Pelt, who oversaw the public defender\u2019s unit that handles sex offender commitment cases for nearly a decade in the early 2000s before leaving in 2010 for private practice. She still handles cases as a pool attorney for the public defender and has been privately hired to represent some detainees.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"IDQZ4ERDVJB3LPPNHKSDWLXCHQ\">She recalled a client whose discharge planning was ordered in 2018, but it took about three years before he was released.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YHTE5WPBM5CF7FBHYJJ4FUXS4Y\">\u201cIt took us forever because the STU just dragged their feet,\u201d she said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"APMQ62IF3REIRMUFR5IK6COUFM\">Taking a year to come up with a discharge plan is \u201cunconscionable and unconstitutional,\u201d Van Pelt said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KS7KRT7F25A3TONMFR2Y2WY4ZM\">She also said the relationship between the Attorney General\u2019s office and Special Treatment Unit can be unclear at times, with the state\u2019s attorneys sometimes seeming to advocate for what the treatment unit wants, rather than what is appropriate under the law.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TRGJX7E7GVCTNB6DFCDRKL65ME\">When asked about the criticism, the state Attorney General\u2019s office released a statement that said each of the public servants involved in the civil commitment process is responsible for conducting themselves with \u201cfairness and professionalism.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"LKOODNVCONCK7AJ5Y3UB7HUA4Y\">\u201cNew Jersey law requires the State to initiate court proceedings whenever necessary to protect the public from a person who may be a sexually violent predator,\u201d the statement said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ISPZEKIDZJE5NCE5ZSLXONT4EI\">The court process is designed to arrive at \u201ca fair outcome through an adversarial process\u201d with a judge making a final decision on whether to release a detainee, the office said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7G7EY7KGLRFMZNG2EOAWAKMSRQ\">Both Van Pelt and Bury also raised questions about the Special Treatment Unit\u2019s lengthy and complex treatment system, which some detainees claimed is mentally abusive. Some said they dropped out of the facility\u2019s advanced treatment program \u2014 called the therapeutic community \u2014 because they couldn\u2019t handle the emotional strain.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"RUGEGPC6D5HMTAXNMQVBFVZUI4\">In response to criticism about treatment practices, a state Department of Health spokeswoman said treatment is individualized, based on resident need and provided in a variety of forms.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"UFPEU7U6QRH7DP37CG4NQB3NWQ\">\u201cThe Special Treatment Unit has an extensive discharge planning process where staff collaborate with the resident to create a discharge plan to manage their individual risk needs and provide the tools to succeed in the community,\u201d the spokeswoman said.<\/p>\n<figure class=\"article__image\">\n<div class=\"article__image-wrapper\"><picture><source media=\"(max-width: 500px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/IGSDV4BXLRD5BFPYF2QHQU7ADY.jpeg?auth=8568d4d49df02cae892aa5dd4c4e31881f481f68de5135d0ee0dc5f2d13efe79&#038;width=500&#038;quality=90 500w\"\/><source media=\"(max-width: 800px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/IGSDV4BXLRD5BFPYF2QHQU7ADY.jpeg?auth=8568d4d49df02cae892aa5dd4c4e31881f481f68de5135d0ee0dc5f2d13efe79&#038;width=800&#038;quality=90 800w\"\/><source srcset=\"https:\/\/www.nj.com\/resizer\/v2\/IGSDV4BXLRD5BFPYF2QHQU7ADY.jpeg?auth=8568d4d49df02cae892aa5dd4c4e31881f481f68de5135d0ee0dc5f2d13efe79&#038;width=1280&#038;quality=90 1280w\"\/><img loading=\"lazy\" src=\"https:\/\/www.nj.com\/resizer\/v2\/IGSDV4BXLRD5BFPYF2QHQU7ADY.jpeg?auth=8568d4d49df02cae892aa5dd4c4e31881f481f68de5135d0ee0dc5f2d13efe79&#038;width=500&#038;quality=90\" sizes=\"auto, 50vw\" fetchpriority=\"low\" alt=\"Special Treatment Unit Main interior\" decoding=\"async\" class=\"article__image-content\" height=\"600\" width=\"300\"\/><\/picture><figcaption class=\"article__image-caption\">\n<p class=\"article__mm-image-caption-text\">A view of one of the housing units in the main building at the Special Treatment Unit. The facility was previously a prison building used to house inmates in solitary confinement before it was reallocated for detaining civilly committed sex offenders.<span class=\"article__mm-image-credit\">(Provided Photo)<\/span><\/p>\n<\/figcaption><\/div>\n<\/figure>\n<h2 class=\"article-heading\">\u2018Arrogance and apathy\u2019<\/h2>\n<p class=\"article__paragraph article__paragraph--left\" id=\"QVVDGLKSAFB37N23N27PT35X2I\">Days before he retired last year, Bury sent Attorney General Matthew Platkin and Michael Long, the director of the Attorney General\u2019s Division of Law, his 35-page document with 45 exhibits outlining concerns about how the office handles sex offender commitment cases.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"P2XW6T6VMJGUPCQTDYPU5PXHDM\">Bury cited ethics and competency issues, referencing specific examples from multiple cases. The judge recommended firing two deputy attorneys and corrective actions for a third office member.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"UMLTMOZIR5ADTEILDIA2ZHSHYM\">\u201cIt\u2019s about arrogance and apathy,\u201d Bury said. \u201cIt\u2019s about a lack of competence and a lack of intellectual integrity.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"KKFNEP5CMNENJPRI75LKR6RGYY\">The Attorney General\u2019s office declined to comment on Bury\u2019s document or say if actions were taken as a result of the judge\u2019s allegations.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"UHHSVEKVKBFFDIYJLGEYCRVPLM\">In another case that raised ethical concerns, Bury said the state sought to recommit a sex offender living in a nursing home.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"OPM3RF6SXFCKTDZ2KS266WWDN4\">The disabled ex-detainee allegedly had consensual sexual contact with another nursing home resident and attempted unsuccessfully to view child porn on a fellow nursing home resident\u2019s phone, Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"HQ3DZ4EARJBEHOYNVAIE7XKP7Q\">The state argued the ex-detainee, then in his 60s and using a walker, posed a threat to the community and to children.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"4GWAUR6RJJEYHHZ6MQ2HNG7GGM\">\u201cThe case was so weak,\u201d said Bury, who granted the defense\u2019s motion to dismiss the matter.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"JFH6KRIE6JEHZBA4QCOY5DGOOM\">He was shocked by what happened next.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"7LNL5ZT555HQHBKGTUS2FAMVNU\">The Attorney General\u2019s office appealed his decision, misrepresenting details of the case from the court record and inaccurately claiming the ex-detainee had access to children in the nursing home, Bury alleged.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ULRCJOYHUFH4RCFUDXXTTJH6YA\">The public defender on that case filed a response to the court saying she was astonished by the document filed by the state\u2019s attorney.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"T3Z5TZEUBND7XDJE5YYMEZJGJQ\">\u201cIn counsel\u2019s thirty-seven years of practicing law in New Jersey, I have never seen an adversary misrepresent a trial record in such a blatant fashion as the State does here,\u201d she wrote.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"PATYGCK6IJFSLEF3WKDNSJ7RKA\">The state later withdrew the appeal, Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"5WAO3TLNKVBQBO3ICQKMGOYXQ4\">In another case, Bury raised concerns about how the state handled one of the few female sex offenders facing civil commitment. Another judge granted the state\u2019s request to temporarily hold the 19-year-old pending her commitment hearing.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"B5733DQW4NCGJFI7TORT4RH7IQ\">Because the Special Treatment Unit is all-male, the state kept her at Edna Mahan Correctional Facility for Women in Hunterdon County for 14 months in what amounted to solitary confinement while she awaited the hearing to determine if she would be committed, Bury said. She was held separately from prisoners because she was not an inmate.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"EYG7RZUMUNDG3GWWYY2FRQVTII\">To receive sex offender treatment, she was handcuffed and transported an hour away to the Special Treatment Unit, before a plan was made to send someone to her in what amounted to a spotty treatment process, Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"CZHS3RANTZGDBKOPZ6XIBZWNOM\">The parties involved should have worked together to find a better housing and treatment solution that didn\u2019t involve the troubled Edna Mahan facility, according to Bury.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"CU7FJODKOJDKTPHSQH7ZK6YVSE\">\u201cThey just didn\u2019t care,\u201d Bury said. \u201cYou can\u2019t get the Department of Corrections, Department of Health, the STU, the Attorney General\u2019s office to all come together in unison and say, \u2018We have to find a solution to where this young person can be temporarily housed and treated. And then what happens if the judge makes the decision and says she should be committed?\u2019\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"EFE5635OBJEEDBI7WTTNWELLKM\">Bury eventually ruled she should be released after finding she was unlikely to reoffend.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"XPYYTZK5PJHC3B2KCNMQVCDRAU\">Since her release, she has not reoffended and is starting college, Bury said, adding that she would still be detained if the state had its way.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YTCYPJZNL5B5ZG4IN5HWP2UR3E\">\u201cThey would have destroyed this woman\u2019s life,\u201d he said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YTCYPJZNL5B5ZG4IN5HWP2UR3E\">In response to questions about the woman\u2019s case, the Department of Corrections said it must keep any civilly committed women separate from men housed at the treatment unit. They must also be kept separate from prison inmates at <a href=\"https:\/\/www.nj.com\/news\/2024\/06\/nj-is-closing-its-scandal-plagued-womens-prison-its-replacement-will-cost-at-least-90m.html\" target=\"_blank\">Edna Mahan, which is slated to close following several unrelated scandals.<\/a><\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"WOTCX22EWZFXDLUWNO2EKZ6VHQ\">\u201cResidents are not placed in isolated confinement but are required under the law to be separated from the incarcerated population. It\u2019s important to note that residents are entitled to ample visitation, programmatic and treatment services, underscoring our commitment to their well-being,\u201d Department of Corrections spokesman Daniel J. Sperrazza said in a statement.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TWMFS6CR2JHA3GXODJ5REEFXMM\">While no female sex offenders are currently civilly committed, there are plans in place for their treatment and safety, Sperrazza added.<\/p>\n<figure class=\"article__image\">\n<div class=\"article__image-wrapper\"><picture><source media=\"(max-width: 500px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/QTP2CFOVV5CNLJCU5AHD5U3EPU.png?auth=f04a0f7920212938cafcae62976754014628d9b2f07ba64684eda7953fada8bb&#038;width=500&#038;quality=90 500w\"\/><source media=\"(max-width: 800px)\" srcset=\"https:\/\/www.nj.com\/resizer\/v2\/QTP2CFOVV5CNLJCU5AHD5U3EPU.png?auth=f04a0f7920212938cafcae62976754014628d9b2f07ba64684eda7953fada8bb&#038;width=800&#038;quality=90 800w\"\/><source srcset=\"https:\/\/www.nj.com\/resizer\/v2\/QTP2CFOVV5CNLJCU5AHD5U3EPU.png?auth=f04a0f7920212938cafcae62976754014628d9b2f07ba64684eda7953fada8bb&#038;width=1280&#038;quality=90 1280w\"\/><img loading=\"lazy\" src=\"https:\/\/www.nj.com\/resizer\/v2\/QTP2CFOVV5CNLJCU5AHD5U3EPU.png?auth=f04a0f7920212938cafcae62976754014628d9b2f07ba64684eda7953fada8bb&#038;width=500&#038;quality=90\" sizes=\"auto, 50vw\" fetchpriority=\"low\" alt=\"Special Treatment Unit main building interior\" decoding=\"async\" class=\"article__image-content\" height=\"600\" width=\"300\"\/><\/picture><figcaption class=\"article__image-caption\">\n<p class=\"article__mm-image-caption-text\">A view from inside one of the living areas for detainees held in the main building at the Special Treatment Unit for civilly committed sex offenders in Woodbridge. This building was previously used to house prison inmates in solitary confinement.<span class=\"article__mm-image-credit\">(Provided Photo)<\/span><\/p>\n<\/figcaption><\/div>\n<\/figure>\n<h2 class=\"article-heading\">\u2018Rubber-stamping\u2019 rulings<\/h2>\n<p class=\"article__paragraph article__paragraph--left\" id=\"Z26QWJOPTBAAFHTFB4GSWBLQMQ\">Since Bury\u2019s retirement, the state has changed how it handles civil commitment hearings for the worse, he said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"4KHZEBS55JFQLNCKAW7YR2XSBU\">When Bury handled the docket, he heard cases Monday through Thursday and a rotation of judges handled Friday hearings.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"DPFHPGRGI5AU7COGBDPMH2JRFI\">Hearings were held in a trailer on the treatment unit grounds before switching to a virtual format at the start of the pandemic.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"NISODFX5I5G3VEBAFIFIBFRA44\">Under the new system, the state judiciary rotates hearings among different court vicinages, with a different set of judges around the state handling the cases each month. The hearings are usually held via video.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"3Z7DIU6S6NEU7JLRRSIOSXLLBA\">The new system means judges never get a chance to develop a thorough understanding of the complex civil commitment system and the unique issues facing offenders in the treatment unit, Bury said. It also doesn\u2019t allow judges to become familiar with detainees or their lawyers.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"OMH3NLJ4TJFWTATQ25XYYLADHQ\">That gives the state an upper hand when it argues sex offenders should be kept locked up, he said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"MC4ABXQYM5HQDAFFFUWQCVE7SE\">\u201cThe rotational system breeds rubber-stamping of the Attorney General\u2019s request to continue to commit or recommit,\u201d Bury said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"HED77NCSIBE6HNP5GDZ6IB3EJM\">He believes the system in place before his tenure, with two recalled retired judges handling nearly all the cases, was a better model.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"K6BG2K72JBCHFKFAYYUD3YIJ7Q\">\u201cThey were not only familiar with the subject matter, they became very familiar with regard to the litigants and the lawyers,\u201d he said. \u201cThey just became more proficient with regard to administering justice. And then you\u2019re going to get more equitable results.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TOARPPRGDZFIFMDJPBGBVCGWHU\">Video hearings for such weighty matters are also a mistake, Bury said. He argues determining the credibility of a witness is difficult via video and detainees should get in-person hearings before a judge makes \u201clife-impacting decisions.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"SFRAFH7T75ED5CH5WNHFAO3DH4\">A change to the system came in January, when the state began holding all initial commitment hearings in person in courtrooms in Middlesex County.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"ZQN2RXOHHJFB3E46T53DZQ32FU\">State Judiciary spokesman Peter McAleer said the annual review hearings for detainees still shift to different vicinages each month and are typically held via video because of the difficulty in scheduling expert witnesses. Judges are trained and provided with resources to prepare them for these cases, he added.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"TT5TSTQYA5EVNJHCUF72YZOO2I\">However, as of last month, any requests to hold annual review hearings in-person are now automatically granted, judiciary officials said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"IWPPS5JZFBGWHBX7SM63U5LEP4\">In addition to this change, the judiciary has \u201cadvocated\u201d for the Department of Corrections to provide court space at the treatment unit \u201cthat would allow for in-person annual review hearings,\u201d McAleer said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"P6VD3I2RKRHFVKTUCBEBC22HGU\">Sperrazza, the Department of Corrections spokesman, said it has received the judiciary\u2019s request to replace the existing structure previously used for those sessions.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"PUPHYDBZBJD7BDFL5XIRPY75CY\">Van Pelt, who oversaw the public defender\u2019s unit that handles sex offender commitment cases for nearly a decade, said she also sees problems with the current system of rotating judges.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"SZDIH6NUX5EULAFC6JQAUZ2D7I\">\u201cYou\u2019re not going to get the nuances,\u201d she said of the rotating judges. \u201cYou don\u2019t know who the players are. You don\u2019t really know who has a history of being credible or exaggerating. It takes a while to get to know the witnesses.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"3CVX76HDRRHPVDJRRCLZ7B5OAY\">For example, in May she said she tried a case in which the judge was impressed with a detainee\u2019s progress in treatment and said he would like to see more information. The man was given an accelerated hearing in seven months, instead of a year, to determine whether he could move toward release.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"BHHAGRG2DFCJVLKH4QCNVTJUXE\">\u201cThe only problem is when we go back in December, we will most likely have a different judge who may or may not know the reason for the seven-month review,\u201d Van Pelt said.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"2W4PYS74LFBNLIAFF33XIEWSRI\">Superior Court Judge Harvey Weissbard sat on the appellate court for eight years and reviewed many appeals to civil commitment orders before his retirement in 2008. He also believes rotating judges to hear the cases is a mistake because of the complexity of the civil commitment cases.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"EAN3XTGZNZC3XBWU4HH6SCI56A\">\u201cIt\u2019s a highly specialized area,\u201d he said. The cases have detailed psychiatric reports and their own terminology.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"NURCLCHBKBCJXHNOMTPU7KE4SA\">The judges hearing cases today aren\u2019t specialists, he said, but that message doesn\u2019t seem to have made it to the appellate court.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"LX3VDCUPZRF4BMIX2YPKBASDTE\">He cited an appellate court decision early this year regarding a civil commitment case that stated judges hearing civil commitment cases \u201cgenerally are specialists and their expertise in the subject is entitled to special deference.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"U5SGGQGHXZEI3JNEAGHSRW3OVE\">\u201cUnlike previously, the judges now are not specialists in this area,\u201d Weissbard said.<\/p>\n<h2 class=\"article-heading\">Waiting for action<\/h2>\n<p class=\"article__paragraph article__paragraph--left\" id=\"5MXNYFY7BFDNJBQVGYEFQTIFDI\">Though retired, Bury remains active in his private law practice as a mediator and arbitrator. He says he never heard from Platkin, the state attorney general, about his document outlining concerns with the office\u2019s staff.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"YVOTW2YYCRHWNCYDRVH7KQNMEY\">The former judge said he asked state officials several times for an update. He was eventually told by Long, the Attorney General\u2019s director of the Division of Law, that an internal review was conducted based on Bury\u2019s statements.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"RE5Z7FR7Y5F4NPTRFIJZNQ7ITQ\">Bury doesn\u2019t know if the review produced any changes, but he knows the Attorney General\u2019s office lawyers he criticized in his document remain employed by the unit handling civil commitments.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"6WEMIVTHPBGIXCSCGQ474J25EQ\">He hopes speaking publicly gets those in power to take a closer look at how the system operates.<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"MQHBZV767VG3HAY73E3EH4UMT4\">\u201cI attempted to get the Attorney General\u2019s office to fix their side of the problem, and they failed miserably,\u201d Bury said. \u201cNow, I hope Attorney General Platkin and the Administrative Office of the Courts and Chief Justice Rabner appreciate the magnitude of the problem and take the necessary remedial steps to dispense justice evenhandedly.\u201d<\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"T55PZ67EXJEY3LWSDRPAGTXCW4\"><i>Our journalism needs your support. Please subscribe today to <\/i><a href=\"http:\/\/nj.com\/\" target=\"_blank\"><i>NJ.com<\/i><\/a><i>.<\/i><\/p>\n<p class=\"article__paragraph article__paragraph--left\" id=\"VO74EB3SOZHZBE6BRMNHUMHLTI\"><i>Matt Gray may be reached at <\/i><a href=\"https:\/\/www.nj.com\/news\/2024\/12\/mailto:mgray@njadvancemedia.com\" target=\"_blank\"><i>mgray@njadvancemedia.com<\/i><\/a><i>.<\/i><\/p>\n<\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.nj.com\/news\/2024\/12\/more-than-100-sex-offenders-could-be-safely-freed-from-controversial-nj-lockup-ex-judge-says.html\">Source link <\/a><\/p>","protected":false},"excerpt":{"rendered":"<p>Superior Court Judge Bradford Bury couldn\u2019t believe what was happening in his courtroom. The judge was overseeing a hearing to decide if a man should remain locked up in New&hellip;<\/p>","protected":false},"author":1,"featured_media":73916,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-73915","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts\/73915","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/comments?post=73915"}],"version-history":[{"count":1,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts\/73915\/revisions"}],"predecessor-version":[{"id":73917,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/posts\/73915\/revisions\/73917"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/media\/73916"}],"wp:attachment":[{"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/media?parent=73915"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/categories?post=73915"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/tvbrazilusa.com\/pt\/wp-json\/wp\/v2\/tags?post=73915"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}