In the Interest of PF

2006 ND 82, 712 N.W.2d 610, 2006 N.D. LEXIS 86, 2006 WL 1009125
CourtNorth Dakota Supreme Court
DecidedApril 19, 2006
Docket20050302
StatusPublished
Cited by27 cases

This text of 2006 ND 82 (In the Interest of PF) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of PF, 2006 ND 82, 712 N.W.2d 610, 2006 N.D. LEXIS 86, 2006 WL 1009125 (N.D. 2006).

Opinions

CROTHERS, Justice.

[¶ 1] P.F. appeals from an order committing him to the care, custody, and control of the executive director of the North Dakota Department of Human Services for treatment as a sexually dangerous individual. On appeal, P.F. argues the district court had insufficient grounds for finding probable cause at the preliminary hearing. Additionally, he argues the final commitment hearing was not timely held and clear and convincing evidence did not exist to show P.F. was a sexually dangerous individual. We conclude probable cause was properly found, a proper extension was granted for the hearing, and the order was supported by the evidence. Therefore, we affirm.

I

[¶ 2] P.F. has a history of sexual- and alcohol-related convictions and incidents stemming back to his youth. His adult criminal record includes four convictions, one later overturned, involving sexually predatory conduct. The first conviction was an October 1990 sexual assault, in which P.F. forced a woman against a wall, put her hand on his groin, fondled her, and rubbed his pelvis against hers. The second and third convictions were in 1994 and 2001 for criminal trespass. The 1994 conviction arose when P.F. went, uninvited, into the house of a woman twice in one evening, the second time falling onto her while she was asleep in her bed. The 2001 conviction followed after an acquaintance of P.F.’s found him crawling outside her bedroom in the middle of the night after he “wandered into” the house. In 2004, P.F. was convicted for gross sexual imposition after he allegedly digitally penetrated [613]*613an acquaintance while she was sleeping. That conviction was overturned on procedural grounds by the district court and affirmed by this Court.

[¶ 3] At the preliminary hearing, P.F.’s parole officer testified to utilizing the information from P.F.’s criminal record, as well as from interviews with P.F. and P.F.’s girlfriend, to rate him on the MNSOST-R. The test revealed a high likelihood of recidivism. Finding probable cause to believe P.F. was a sexually dangerous individual, the district court ordered P.F.’s commitment in the State Hospital for sixty days.

[¶ 4] On June 10, 2005, fifty-six days after the preliminary hearing, the State Hospital sent a request for an extension due to scheduling constraints with the evaluating psychiatric experts. P.F. moved to dismiss on June 15, 2005. The district court granted an extension on June 15, 2005, the sixty-first day of P.F.’s commitment, and ordered his release in the interim. The district court ordered the commitment hearing be held “as soon as possible after the 15th day of July, 2005.” A full commitment hearing was held on July 19, 2005, and the order of commitment was issued on August 16, 2005.

[¶ 5] The standard of review for appeals from commitments of sexually dangerous individuals is a modified clearly erroneous standard. In re D.V.A., 2004 ND 57, ¶ 7, 676 N.W.2d 776. We affirm the district court’s commitment order unless it is induced by an erroneous view of the law or we are firmly convinced the order is not supported by clear and convincing evidence. Id.

II

[¶ 6] P.F. argues probable cause was found improperly at the preliminary hearing because the parole officer was not an “expert” and no showing was made that P.F. had a sexual, personality, or mental ■disorder.

[¶ 7] A preliminary hearing must be held within seventy-two hours of the filing of the petition for commitment of a sexually dangerous individual. N.D.C.C. § 25-03.3-11. The preliminary hearing is held to determine whether there is probable cause to believe the individual is sexually dangerous. If the court so finds, it shall “order that the respondent be transferred to an appropriate treatment facility for an evaluation as to whether the respondent has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction.” Id. There is no requirement that such a showing of mental disease or defect be made at the preliminary hearing, nor is expert testimony required. Id.

[¶ 8] In State v. Linghor, we explained “probable cause” generally, adopting the United States Supreme Court’s reasoning:

The long-prevailing standard of probable cause protects citizens from rash and unreasonable interferences with privacy and from unfounded charges of crime, while giving fair leeway for enforcing the law in the community’s protection. On many occasions, we have reiterated that the probable-cause standard is a practical, nontechnical conception that deals with the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act. Probable cause is a fluid concept — turning on the assessment of probabilities in particular factual contexts — not readily, or even usefully, reduced to a neat set of legal rules.
The probable-cause standard is incapable of precise definition or quantification into percentages because it deals with probabilities and depends on the totality [614]*614of the circumstances. ■ We have stated, however, that the substance of all the definitions of probable cause is a reasonable ground for belief of guilt, and that the belief of guilt must be particularized with respect to the person to be searched or seized.

2004 ND 224, ¶ 10, 690 N.W.2d 201 (quoting Maryland v. Pringle, 540 U.S. 366, 370-71, 124 S.Ct. 795, 157 L.Ed.2d 769 (2003)). Even though Linghor discusses probable cause in the criminal context, the explanation is consistent with our interpretation of the probable cause requirement under N.D.C.C. § 25-03.3-11. No specific, named evidence is required in order to make a probable cause finding; rather, a court must take a practical approach, looking at all evidence brought before it, to determine whether there is a reasonable ground to believe a person may be sexually dangerous.

[¶ 9] We conclude the district court did not err by finding probable cause.

Ill

[¶ 10] Within sixty days after the finding of probable cause, a commitment hearing must be held to determine whether an individual is, in fact, sexually dangerous. N.D.C.C. § 25-03.3-13. The court may extend the sixty-day time limitation if good cause is shown. Id.

[¶ 11] Here, the State Hospital sent a letter to the district court on the fifty-sixth day of P.F.’s commitment, requesting an extension. On the sixtieth day, P.F. filed a motion to dismiss. The district court ordered an extension on the sixty-first day of P.F.’s commitment. P.F. argues the extension was error because the district court did not appropriately find “good cause” and did not order the extension until the sixty-day period had expired. We disagree.

[¶ 12] The district court has discretion to grant extensions “for good cause.” N.D.C.C. § 25-03.3-13. Here, the State Hospital issued a letter to the district court indicating its inability to complete the psychiatric assessments due to scheduling constraints, and an extension was requested. No formal motion was made by the State. Following P.F.’s motion to dismiss and a hearing on both the dismissal and the extension, the district court granted the extension, stating, “[T]here is good cause for extending the time of [the] hearing.” The court ordered P.F.’s release in the interim.

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Bluebook (online)
2006 ND 82, 712 N.W.2d 610, 2006 N.D. LEXIS 86, 2006 WL 1009125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-pf-nd-2006.