STATE OF NEW JERSEY VS. R.G. (17-04-0189, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-3090-18T3)

STATE OF NEW JERSEY VS. R.G. (17-04-0189, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-3090-18T3) The court affirms an order of the trial court that denied the State's request to medicate defendant involuntarily with antipsychotic medication to restore him to competency to stand trial. The court agrees with the trial court that the State did not satisfy the test under Sell v. United States, 539 U.S. 166 (2003), because the first factor is determined by consideration of defendant's probable sentence not simply the maximum sentence exposure for the offense charged. The trial court also must consider the potential effect of the medication on defendant's right to a fair trial when applying Sell. Because the Sell test was not satisfied, we have no occasion to determine whether our State Constitution would afford a defendant greater protection of individual liberty and privacy rights.