On September 25, 2020, J.D. plead guilty to two counts of criminal sexual contact in the fourth degree in violation of N.J.S.A. 2C:14-3(b). Shortly thereafter, he was deemed incompetent as a result of an intellectual disability, low-IQ and a lack of formal education—having only completed the 8th grade. Two experts opined that J.D. could attain competency with education, although these opinions were disputed by a third expert. As J.D. was not deemed a danger to himself or to others, he was not subject to incarceration or institutionalization pre-trial. In response to a court order requesting guidance on the type of educational services needed to assist J.D. in attaining competency, it was confirmed that no State program exists to provide educational services on an out-patient basis to assist J.D. with attaining competency.
On December 20, 2022, the State moved to have a Guardian appointed to assist J.D. in procuring disability benefits that could defray the cost of private educational services and to otherwise assist J.D. in procuring private educational services necessary to attain competency. On March 15, 2023, in an interlocutory Order and opinion of first impression, this court addressed, among other factors, Constitutional considerations and denied the State’s motion to appoint a Guardian and compel J.D., a criminal defendant, to procure private educational services for the purpose of attaining competency.
Following a competency hearing on July 26, 2023, by separate Order and opinion dated August 1, 2023, the court: (i) determined that J.D. was not competent and was not likely to attain competency; (ii) vacated J.D.'s guilty plea; and (iii) dismissed with prejudice the complaint against J.D. Based upon the August 1, 2023 Order, the March 15, 2023 Order is now final.