The defendant pled guilty to a single count of distribution of child pornography, first degree, in violation of N.J.S.A. 2C:4B(5)(A)(1). Following the plea, the court referred the defendant for a psychological evaluation by the Department of Corrections (DOC), pursuant to N.J.S.A. 2C:47-1, to determine if the defendant’s conduct was characterized by a pattern of repetitive and compulsive behavior to require sentencing pursuant to the New Jersey Sexual Offenders Act (NJSOA) pursuant to N.J.S.A. 2C:47-3(b). The DOC evaluation concluded that the defendant did not qualify for sentencing under NJSOA. The defendant sought to challenge the DOC’s evaluation and moved for a hearing pursuant to State v. Horne, 56 N.J. 372 (1970), contending that his conduct was compulsive and persistent and qualified him for sentencing under the NJSOA to a term of incarceration at the Adult Diagnostic and Treatment Center (ADTC) for sex offender treatment. The court denied the defendant’s motion, finding that the recognized due process rights afforded to a defendant under Horne to challenge a classification by DOC that they are a persistent and compulsive offender requiring sentencing under the NJSOA do not apply to give a defendant the right to challenge a negative finding by the DOC that they are not NJSOA eligible and require sentencing to the ADTC in the absence of a DOC finding of eligibility and recommendation for same pursuant to the governing caselaw and statutory provisions.