Interest of Johnson
2016 ND 29
| N.D. | 2016Background
- Jeremy Tim Johnson was civilly committed as a sexually dangerous individual in 2012; this Court upheld the initial commitment in Interest of Johnson, 2013 ND 146.
- Johnson petitioned for discharge in 2013; the district court continued commitment and this Court remanded in Interest of Johnson, 2015 ND 71 for additional findings on whether he has "serious difficulty controlling his behavior."
- On remand the district court reviewed the record, made additional findings focusing on Johnson’s lack of progress in treatment, and again continued his commitment.
- The court record contained conflicting expert testimony about Johnson’s participation in treatment and treatment notes showing both progress and struggle; no expert testified Johnson refused to attend sessions.
- The district court concluded Johnson had made little to no progress and had "all but rejected" treatment, and continued his commitment without explicitly finding he presently has serious difficulty controlling his behavior.
- The Supreme Court majority held the district court’s findings were insufficient to satisfy the constitutional requirement that the State prove, by clear and convincing evidence, that Johnson has a present serious difficulty controlling his behavior and reversed, ordering Johnson’s release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State met its burden to prove Johnson has "serious difficulty controlling his behavior" necessary for continued civil commitment | The State: lack of progression in treatment demonstrates serious difficulty controlling behavior | Johnson: the record does not show refusal to attend or present inability to control behavior; treatment records show mixed participation | Held: Reversed — lack of progress in treatment alone is insufficient; the court must make specific findings that the individual presently has serious difficulty controlling behavior |
| Whether the district court’s findings were legally sufficient and reviewable | The State: the court’s finding of inadequate treatment engagement supports commitment | Johnson: findings are conclusory and do not identify factual basis tying disorder to dangerousness or present inability to control behavior | Held: Reversed — court failed to state specific factual findings tying disorder to present dangerousness and inability to control behavior |
| Whether the burden shifted improperly to the committed individual | The State: commitment may continue based on treatment nonprogress | Johnson: continuing commitment solely for inadequate treatment participation reverses the State’s burden | Held: Reversed — continuing commitment without required findings effectively shifts burden to the committed individual |
| Whether the record supported continued confinement on the statutory and constitutional standards | The State: the total record (criminal history, treatment status) supports commitment | Johnson: record lacks specific evidence of present dangerousness or inability to control behavior | Held: Reversed — record does not support finding of present serious difficulty controlling behavior; release ordered |
Key Cases Cited
- Interest of Johnson, 2015 ND 71, 861 N.W.2d 484 (N.D. 2015) (remanding for specific findings on serious difficulty controlling behavior)
- Matter of Wolff, 2011 ND 76, 796 N.W.2d 644 (N.D. 2011) (civil-commitment standard requires proof of serious difficulty controlling behavior)
- Matter of Midgett, 2009 ND 106, 766 N.W.2d 717 (N.D. 2009) (court must make specific factual findings on ability to control behavior)
- G.L.D., 2011 ND 52, 795 N.W.2d 346 (N.D. 2011) (examples of findings supporting serious difficulty: frequent assaults on staff/peers)
- Matter of M.D., 2012 ND 261, 825 N.W.2d 838 (N.D. 2012) (upholding finding where statements and conduct showed propensity and inability to control)
- Kansas v. Crane, 534 U.S. 407 (U.S. 2002) (due process requires proof of inability to control behavior for civil commitment of sexual dangerous persons)