Larson v. G.R.H.

2011 ND 21, 793 N.W.2d 460, 2011 N.D. LEXIS 32
CourtNorth Dakota Supreme Court
DecidedFebruary 8, 2011
DocketNo. 20100114
StatusPublished
Cited by5 cases

This text of 2011 ND 21 (Larson v. G.R.H.) 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
Larson v. G.R.H., 2011 ND 21, 793 N.W.2d 460, 2011 N.D. LEXIS 32 (N.D. 2011).

Opinions

SANDSTROM, Justice.

[¶ 1] G.R.H. appeals a district court order denying his petition for discharge from commitment as a sexually dangerous individual. We affirm.

I

[¶ 2] G.R.H. was civilly committed as a sexually dangerous individual in 2004, and we affirmed the district court’s commitment order. Matter of G.R.H., 2006 ND 56, ¶ 3, 711 N.W.2d 587. He requested a discharge hearing in 2005 while this Court was reviewing his initial commitment, but no action was taken on that request pending our decision in the initial matter. In 2006, his next request for discharge was heard and denied by the district court, which found he remained a sexually dangerous individual. G.R.H. requested a third discharge hearing in 2007, and the district court again found by clear and convincing evidence that G.R.H. remained a sexually dangerous individual and denied his petition. We affirmed the district court’s decision. Matter of G.R.H., 2008 ND 222, 758 N.W.2d 719.

[¶ 3] G.R.H. applied for his most recent discharge hearing in April 2009. The evidence at the hearing centered on the testimony and reports of two expert witnesses. The first expert, Lynne Sullivan, Ph.D., testified on behalf of the State. She concluded G.R.H. should remain committed because he meets all three requirements in the classification of a sexually dangerous individual under N.D.C.C. § 25-03.3-01(8). Dr. Sullivan testified she believed G.R.H. met the first requirement, that he previously engaged in sexually predatory conduct, on the basis of his past convictions and other admissions regarding sexual activity with teenage girls. Dr. Sullivan also believed G.R.H. met the second requirement, that he has an acquired or congenital condition manifested by a sexual disorder, because of recurrent, intense sexual thoughts, his arousal by girls going through puberty, and his anti-social personality disorder. Finally, she testified G.R.H. met the third requirement, that he is likely to engage in further sexually predatory conduct, in part because of the findings already mentioned and because of the results of certain risk assessment tools showing G.R.H. is prone to recidivism.

[¶ 4] Dr. Sullivan also relied in part on some of G.R.H.’s admissions in treatment. In order to progress to the next level of treatment, G.R.H. was required to take a polygraph examination, which he failed. Following this examination, G.R.H. made admissions that were previously unknown to his caretakers. G.R.H. admitted that, against treatment rules, he had engaged in sex with his girlfriend during visitation and used a credit card for phone sex. G.R.H. also admitted to sexual activity with twelve teenage girls. He was demoted to a lower treatment level on the basis [463]*463of these admissions, which Dr. Sullivan later used in her assessment.

[¶ 5] Robert Riedel, Ph.D., served as G.R.H.’s independent expert evaluator and agreed with Dr. Sullivan’s conclusions on the first two requirements in the classification of a sexually dangerous individual under N.D.C.C. § 25-03.3-01(8). He testified the first requirement was met because G.R.H. has a proven history of sexually predatory conduct. Dr. Riedel also agreed on the second requirement, though he noted G.R.H.’s primary arousal is to adult females, and in the past he “reverted to teenagers because of availability of teenagers and the lack of availability of adult females.”

[¶ 6] Dr. Riedel disagreed with Dr. Sullivan’s conclusions on the third requirement, partly because of the risk assessment tests, some of which he declared were “way out of date” and not good predictors of future sexual misconduct. He also noted G.R.H.’s “steady progress” in treatment, his family support system, and his plans for release all lowered his chance of recidivism. On the basis of these findings, Dr. Riedel concluded G.R.H. does not meet the statutory requirements for continued commitment.

[¶7] G.R.H. argued his rights against self-incrimination were violated by using his admissions made in treatment against him, because the proceedings were imper-missibly punitive in nature. The district court disagreed and denied his petition for discharge. The court found G.R.H. did not prove by clear and convincing evidence the proceedings were so punitive as to be rendered criminal. It noted treatment normally involves advancements and setbacks, and honesty in treatment is required for an individual to advance to completion. Recognizing that the experts agreed G.R.H. met the first two requirements for classification as a sexually dangerous individual, the court concluded the evidence showed G.R.H. met the third requirement as well. It concluded G.R.H. is likely to engage in further sexually predatory conduct and has a “significant” problem controlling his behavior.

[¶ 8] On appeal, G.R.H. argues the district court should not have considered his admissions in treatment, because they violated his rights against self-incrimination and are being used to punish him. He also argues there was not clear and convincing evidence he would engage in further acts of sexually predatory conduct. Finally, he contends the district court failed to find he has serious difficulty controlling his behavior, and therefore it could not conclude he is a sexually dangerous individual under N.D.C.C. § 25-03.3-01(8).

[¶ 9] The district court had jurisdiction of the discharge hearing under N.D. Const, art. VI, § 8, and N.D.C.C. § 25-03.3-02. G.R.H.’s appeal was timely under N.D.C.C. § 25-03.3-19. This Court has jurisdiction under N.D. Const. art. VI, §§ 2 and 6, and N.D.C.C. § 25-03.3-19.

II

[¶ 10] We apply a modified clearly erroneous standard in reviewing commitments of sexually dangerous individuals. Interest of Maedche, 2010 ND 171, ¶ 9, 788 N.W.2d 331. “We will affirm a district court’s commitment order unless the 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.” Id.

[¶ 11] For the purposes of involuntary civil commitment, N.D.C.C. § 25-03.3-01(8) defines a sexually dangerous individual as:

[A]n individual who is shown to have engaged in sexually predatory conduct and who has a congenital or acquired [464]*464condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction that makes that individual likely to engage in further acts of sexually predatory conduct which constitute a danger to the physical or mental health or safety of others....

The United States Supreme Court has held that civil commitment of a sexually dangerous individual cannot be sustained without finding that the individual has serious difficulty controlling his or her behavior. Kansas v. Crane, 534 U.S. 407, 413, 122 S.Ct. 867, 151 L.Ed.2d 856 (2002). The United States Supreme Court stated this “distinction is necessary lest civil commitment become a mechanism for retribution or general deterrence — functions properly those of criminal law, not civil commitment.” Id. at 412, 122 S.Ct. 867 (quotations omitted). We have construed the definition of a sexually dangerous individual to require a nexus between the disorder and dangerousness, which distinguishes such an individual from other dangerous persons. Matter of Hanenberg, 2010 ND 8, ¶ 8, 777 N.W.2d 62.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 ND 21, 793 N.W.2d 460, 2011 N.D. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larson-v-grh-nd-2011.