State v. Ortiz

938 A.2d 125, 193 N.J. 278, 2008 N.J. LEXIS 4
CourtSupreme Court of New Jersey
DecidedJanuary 17, 2008
StatusPublished
Cited by5 cases

This text of 938 A.2d 125 (State v. Ortiz) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ortiz, 938 A.2d 125, 193 N.J. 278, 2008 N.J. LEXIS 4 (N.J. 2008).

Opinion

Justice RIVERA-SOTO

delivered the opinion of the Court.

New Jersey’s Code of Criminal Justice generally admits of two finite verdicts: guilty or not guilty. In the netherworld between these two findings, the Code also recognizes those instances where guilty acts in fact have occurred, but the accused, “at the time of such conduct!,] was laboring under such a defect of reason! ] from disease of the mind as to not know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong!.]” N.J.S.A. 2C:4-1. If those circumstances are proven, the verdict and judgment must reflect that the defendant has been acquitted by reason of insanity. N.J.S.A. 2C:4-3(b).

Unlike a straightforward acquittal, an acquittal by reason of insanity requires that the court “dispose” of the defendant in one of three ways. N.J.S.A. 2C:4-7; N.J.S.A. 2C:4 — 8(b). The least restrictive alternative — an unsupervised and unconditional release — occurs “[i]f the court finds that the defendant may be released without danger to the community or himself!.]” N.J.S.A. 2C:4-8(b)(l). Once the court determines that a defendant poses no danger to himself or to others and that he can be released without supervision and without conditions, the matter is concluded.

At the other end of the spectrum, “[i]f the court finds that the defendant cannot be released with or without supervision or conditions without posing a danger to the community or to himself, *281 it shall commit the defendant to a mental health facility ... to be treated as a person civilly committed.” N.J.S.A. 2C:4~8(b)(3). Further, if a defendant acquitted by reason of insanity is committed, periodic in camera hearings are required to determine whether the commitment should continue. State v. Krol, 68 N.J. 236, 344 A.2d 289 (1975). See also In re the Commitment of Edward S., 118 N.J. 118, 570 A.2d 917 (1990) (providing that Krol hearings, save for those adjudged not guilty of murder by reason of insanity, are to be held in camera); State v. Fields, 77 N.J. 282, 390 A.2d 574 (1978) (setting forth procedural requirements for Krol hearings); N.J.S.A. 30:4-27.1 to -27.23 and Rules 3:19-2 and 4:74-7 (governing commitment reviews).

This appeal requires that we address whether continuing procedural requirements apply to those in the middle ground between defendants acquitted by reason of insanity who are released without supervision and those who, because they pose a danger to the community or to themselves, must be committed. Specifically, the question presented in this appeal is “[i]f the court finds that the defendant may be released without danger to the community or to himself under supervision or under conditions,” N.J.S.A. 2C:4-8(b)(2), must the court conduct periodic, Krol-type hearings although the defendant has not been committed?

The Appellate Division reasoned that “when a defendant is released pursuant to N.J.S.A. 2C:4-8(b)(2), the court possesses inherent authority to take all steps necessary to ensure that the defendant complies with all conditions of release[.]” State v. Ortiz, 389 N.J.Super. 235, 240, 912 A.2d 732 (App.Div.2006). It concluded, however, that, although post-release Krol hearings are discretionary in this setting, they are not mandatory, explaining that “Krol reviews are not authorized when the court concludes that a defendant may be released without danger to the community or himself with or without supervision or under conditions.” Ibid. (citations and internal quotation marks omitted).

We concur with the Appellate Division’s acknowledgement that, pursuant to N.J.S.A. 2C:4-8(b)(2), trial courts possess the inherent *282 authority to impose conditions that may include the procedural requirement of periodic reviews as envisioned by Krol. That said, we further conclude that the better and more logically consistent rule is to extend the requirement of mandatory periodic reviews under Krol to include all defendants acquitted by reason of insanity save for those released entirely without supervision or conditions. We therefore hold that Krol periodic review hearings must be held for those defendants acquitted by reason of insanity who are committed under N.J.S.A. 2C:4-8(b)(3) as well as for those who are released subject to supervision or conditions pursuant to N.J.S.A. 2C:4-8(b)(2), but not for those who are released without supervision or conditions as provided in N.J.S.A. 2C:4-8(b)(1).

I.

The relevant facts here were never disputed; defendant Manuel Ortiz consented to the presentation of the State’s case through the submission of an affidavit of probable cause and a police report, and did “not dispute the finding of guilt beyond a reasonable doubt based on those reports.” As succinctly set forth in the affidavit of probable cause,

[o]n December 21, 2004, at approximately 10:00 am, Franklin Township Police Officer Steven Biancamano was dispatched to a 9-1-1 hang-up call at the defendant’s home. Upon arriving, Officer Biancamano knocked on the door and was immediately confronted by the defendant, who was standing in the doorway, wielding a large butcher knife and shouting repeatedly at the officer “I’ll kill you[.]” The officer immediately began to retreat, ordering the defendant to drop the knife and drawing his service revolver. Despite repeated pleas that the defendant drop the knife, the defendant continued to advance, quickly closing the distance between the two. A civilian eyewitness to this confrontation confirms that the defendant, with his hand raised, continued to rush at the police officer, who, while walking backwards and retreating, continued to order the defendant to stop. As the defendant continued to disregard the officer’s entreaties to stop and continued to advance with the large knife in his raised hand, the officer fired one shot at the defendant, evidently in the leg. Notwithstanding that, the defendant continued to advance and the officer was forced to shoot a second time, this second shot stopping the defendant, who fell to the ground, whereupon Officer Biancamano, and the two back-up officers who soon arrived, administered [first aid] to the defendant until emergency rescue personnel responded.

*283 A Somerset County Grand Jury indictment charged defendant with one count of first-degree attempted murder, in violation of N.J.S.A. 2C:5-1 and N.J.S.A.

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Cite This Page — Counsel Stack

Bluebook (online)
938 A.2d 125, 193 N.J. 278, 2008 N.J. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ortiz-nj-2008.