Interest of Nelson

2017 ND 152, 896 N.W.2d 923, 2017 N.D. LEXIS 152, 2017 WL 2813043
North Dakota Supreme Court·Decided June 29, 2017·No. 20160113·Published·Cited by 15 cases

Opinions

Kapsner, Justice.

[¶ 1] Danny Nelson appeals from a district court order civilly committing him as a sexually dangerous individual. He argues the State failed to prove by clear and [925]*925convincing evidence that he is a sexually dangerous individual. We conclude the district court’s findings are insufficient to demonstrate Nelson is likely to engage in further acts of sexually predatory conduct or that he has serious difficulty controlling his behavior. We reverse the district court’s order of commitment and direct Nelson be released from civil commitment.

I

[1Í 2] Our prior decision in Interest of Nelson, 2017 ND 28, 889 N.W.2d 879, sets forth the relevant facts of this case. The district court entered an order on March 8, 2016 finding Nelson was a sexually dangerous individual and ordering Nelson committed to the State Hospital. Nelson filed a notice of appeal on March 28, 2016. On appeal, we concluded the district court’s findings were inadequate to permit appellate review with regard to whether Nelson was likely to engage in further acts of sexually predatory conduct and whether Nelson presently has serious difficulty controlling his behavior. Id. at ¶ 14. We retained jurisdiction under N.D.R.App.P. 35(a)(3) and remanded with instructions that the district court make specific findings on whether Nelson is likely to engage in further acts of sexually predatory conduct and whether Nelson has a present serious difficulty controlling behavior. Id.

II

[¶ 3] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Matter of Midgett, 2009 ND 106, ¶ 5, 766 N.W.2d 717. “We will affirm the district court’s decision unless the court’s order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” Matter of A.M., 2010 ND 163, ¶ 14, 787 N.W.2d 752 (citations and quotations omitted). This Court gives “great deference to the court’s credibility determinations of expert witnesses and the weight to be given their testimony.” Matter of Wolff, 2011 ND 76, ¶ 5, 796 N.W.2d 644.

[¶ 4] Under Chapter 25-03.3 of the North Dakota Century Code, the State has the burden of proving a person is a sexually dangerous individual by clear and convincing evidence. A person may not be committed as a “sexually dangerous individual” unless the State proves the following statutory elements provided in N.D.C.C. § 25-03.3-01(8):

(1) the individual has engaged in sexually predatory conduct, (2) the individual has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction, and (3) the individual’s condition makes them likely to engage in further acts of sexually predatory conduct which constitute a danger to the physical or mental health or safety of others.

Interest of Johnson, 2016 ND 29, ¶ 3, 876 N.W.2d 25 (citations omitted). This Court has recognized substantive due process requires additional proof beyond the three statutory elements:

In addition to the three statutory requirements, to satisfy substantive due process, the State must also prove the committed individual has serious difficulty controlling his behavior....
We construe the definition of a sexually dangerous individual to mean that proof of a nexus between the requisite disorder and dangerousness encompasses proof that the disorder involves [926]*926serious difficulty in controlling behavior and suffices to distinguish a dangerous sexual offender whose disorder subjects him to civil commitment from the dangerous but typical recidivist in the ordinary criminal case.

Wolff, 2011 ND 76, ¶ 17, 796 N.W.2d 644 (citations omitted). The United States Supreme Court has explained civil commitment requires a connection between the disorder and the individual’s inability tp control his or her actions:

“[Ijnability to control behavior” will not be demonstrable with mathematical precision. It is enough to say that there must be proof of serious difficulty in controlling behavior. And this, when viewed in light of such features of the case as the nature of the psychiatric diagnosis, and the severity of the mental abnormality itself, must be sufficient to distinguish the dangerous sexual offender whose serious mental illness, abnormality, or disorder subjects him to civil commitment from the dangerous but typical recidivist convicted in an ordinary criminal case.

Kansas v. Crane, 534 U.S. 407, 413, 122 S.Ct. 867, 151 L.Ed.2d 856 (2002). This Court has also recognized the conduct demonstrating an individual’s serious difficulty in controlling behavior need not be sexual in nature. Wolff, at ¶ 7.

Ill

[¶ 5] “The district court must find the State has proven all of these elements by clear and convincing evidence.” Johnson, 2016 ND 29, ¶ 4, 876 N.W.2d 25 (citing Midgett, 2009 ND 106, ¶ 6, 766 N.W.2d 717). “The district court must state the specific factual findings upon which its legal conclusions are based.” Id. (citing Matter of R.A.S., 2008 ND 185, ¶ 8, 756 N.W.2d 771). “The [district] court errs, as a matter of law, when its findings are insufficient or do not support its legal conclusions.” Id.

[¶ 6] We previously concluded the district court found the State had proven the first two statutory elements: past sexually predatory conduct and a congenital or acquired condition manifested by a sexual disorder, a personality disorder, or other mental disorder. Nelson, 2017 ND 28, ¶ 9, 889 N.W.2d 879. These findings were supported by the record. Id. However, we concluded the district court failed to make adequate findings for appellate review on the remaining statutory element and the constitutionally required finding of whether the individual has serious difficulty controlling behavior. Instructing the district court on remand, we emphasized the need for specific findings of fact on “whether Nelson has a present serious difficulty controlling behavior.” Id. at ¶ 14.

[¶ 7] The district court’s supplemental findings of fact state:

Mr. Nelson’s diagnosis of Unspecified Paraphilic Disorder has predisposed him to engaging in sexual contact with prepubescent and pubescent females, as well as unlawfully entering the homes of women whom he was sexually attracted to for the purpose of stealing various items, mainly ladies undergarments, for sexual gratification. The diagnosis of Unspecified Paraphilic Disorder alone makes him likely to engage in sexually predatory conduct.
Mr. Nelson’s Alcohol Use Disorder further aggravates the possibility of future sexually predatory conduct.
Dr. Krance has opined; Mr. Nelson’s personality disorder has manifested in some extreme ways,, including his past [927]*927sexually predatory conduct. It is concluded that a nexus exists linking the [Other] Specified Personality Disorder, Antisocial and Narcissistic Features to Mr. Nelson’s sexual offending in that his pattern of sexually predatory conduct is characterized by opportunistic offending, impulsivity, deceitfulness, aggression and a lack of remorse for his victims.

Free access — add to your briefcase to read the full text and ask questions with AI

Interest of Nelson, 2017 ND 152, 896 N.W.2d 923, 2017 N.D. LEXIS 152, 2017 WL 2813043 (N.D. 2017).

2017 ND 152 (Interest of Nelson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Gomez
2025 ND 60 (North Dakota Supreme Court, 2025)
Interest of P.S.
2023 ND 100 (North Dakota Supreme Court, 2023)
Interest of Sternberg
2023 ND 40 (North Dakota Supreme Court, 2023)
Interest of Buller
2020 ND 270 (North Dakota Supreme Court, 2020)
Interest of G.L.D.
2019 ND 304 (North Dakota Supreme Court, 2019)
Lawyer v. J.M.(In re J.M.)
927 N.W.2d 422 (North Dakota Supreme Court, 2019)
Matter of J.M.
2019 ND 125 (North Dakota Supreme Court, 2019)
Interest of T.A.G.
2019 ND 115 (North Dakota Supreme Court, 2019)
Interest of Carter
2019 ND 67 (North Dakota Supreme Court, 2019)
William Joseph Carter State v. Carter (In Re Carter)
2019 ND 67 (North Dakota Supreme Court, 2019)
Matter of Kulink
2018 ND 260 (North Dakota Supreme Court, 2018)
Interest of Nelson
2017 ND 152 (North Dakota Supreme Court, 2017)