Burdick v. R.A.S. (In re R.A.S.)
Burdick v. R.A.S. (In re R.A.S.)
Opinion of the Court
*164[¶1] R.A.S. appeals from a district court order denying his petition for discharge and continuing commitment as a sexually dangerous individual. The order denying R.A.S.'s petition for discharge is reversed for lack of findings sufficient to conclude the due process requirement has been met under Kansas v. Crane ,
I
[¶2] R.A.S. was convicted of gross sexual imposition in 1991 and sentenced to eight years. In 2001 R.A.S. was convicted of possession of stolen property, and in 2002 assault on a corrections officer. As part of the sentence for the possession of stolen property charge, the district court recommended R.A.S. receive a mental health evaluation. Before his scheduled release in 2004, the State successfully petitioned to commit R.A.S. as a sexually dangerous individual. In 2007 R.A.S. requested his statutory right to review his commitment. The district court found R.A.S. continued to be a sexually dangerous individual. R.A.S. appealed the finding and this Court remanded because there were insufficient findings of fact and the district court used a conclusory statement that the State met its burden of proof. Matter of R.A.S. ,
[¶3] On May 2, 2018, R.A.S. requested a discharge hearing under N.D.C.C. § 25-03.3-18. At the January 11, 2019 hearing, a psychologist testified R.A.S. is likely to engage in further acts of sexually predatory conduct based on actuarial tests and review of past conduct. The psychologist testified to a situation where R.A.S. requested a lower prescribed level of medication. The State Hospital agreed and revoked some of R.A.S.'s privileges at the onset of the lower dosage to determine whether the new dosage met his medical needs. R.A.S. protested the revocation of privileges by refusing two doses of his medication, but later agreed to remain on the higher dosage in return for his privileges continuing intact. The psychologist testified R.A.S.'s refusal to twice take the prescribed medication demonstrated his inability to control his behavior.
[¶4] The district court used this situation as the basis for finding R.A.S. is unable to control his behavior. On January 15, 2019, the district court denied R.A.S.'s application for discharge. R.A.S. timely appealed.
II
[¶5] This Court reviews civil commitments of sexually dangerous individuals under a modified clearly erroneous standard, and we will affirm the district court's decision unless it is induced by an erroneous view of the law, or we are firmly convinced the decision is not supported by clear and convincing evidence. Interest of Tanner ,
"[1] [the individual] engaged in sexually predatory conduct and [2] ... has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction [3] 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."
N.D.C.C. § 25-03.3-01(8).
[¶6] The State also must meet substantive due process requirements by proving the individual has serious difficulty in controlling his behavior. Tanner ,
[¶7] Constitutional considerations require a causal connection between the disorder and inability to control behavior, which would likely result in future sexually predatory conduct. Tanner ,
III
[¶8] R.A.S. concedes the State met its burden on the first two prongs of N.D.C.C. § 25-03.3-01(8). R.A.S. stipulated to factor one during the discharge hearing, conceding he engaged in sexually predatory conduct. R.A.S. acknowledged he suffers from specified paraphilic, exhibitionistic, bipolar I, and specified personality disorders with antisocial and schizotypal features. The district court also found clear and convincing evidence of the third prong, that R.A.S. is likely to engage in further acts of sexually predatory conduct, based on actuarial test scores and dynamic risk factors placing R.A.S. at above-average risk of re-offending. The psychologist testified these factors have caused R.A.S. to act out sexually as recently as 2016.
[¶9] In addition to the three statutory requirements, substantive due process requires proof R.A.S. has serious difficulty controlling his behavior. A district court's finding that an individual has serious difficulty controlling behavior is deferred to when it is supported by specific findings demonstrating the difficulty. See Interest of G.L.D.,
[¶10] Conversely, error is found when findings do not support a decision that an individual has serious difficulty controlling behavior. See Matter of Midgett ,
[¶11] R.A.S. argues the findings here are insufficient to demonstrate he has serious difficulty controlling his behavior. The district court found "In November of 2018, [R.A.S.], without permission from his doctors, quit taking Olanzapine for two doses. The [c]ourt concludes that by intentionally disobeying his obligation to take Olanzapine, this demonstrates [R.A.S.]'s inability to control his actions." The district court did not make any further findings supporting R.A.S.'s serious difficulty controlling his behavior. While the district court may rely on non-sexual conduct, "[t]he evidence must clearly show ... a serious difficulty in controlling sexually predatory behavior." Interest of J.M. ,
IV
[¶12] The district court's order denying R.A.S.'s petition for discharge is reversed and R.A.S. shall be released from civil commitment.
[¶13] Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
Jerod E. Tufte
Gerald W. VandeWalle, C.J.
Reference
- Full Case Name
- In the MATTER OF R.A.S., Birch P. Burdick, Cass County State's Attorney, and v. R.A.S., and
- Cited By
- 8 cases
- Status
- Published