[¶ 1] R.A.S. appeals from a district court order denying his petition for discharge from commitment as a sexually dangerous individual. He argues the State did not prove by сlear and convincing evidence that he is likely to engage in further acts of sexually predatory conduct and his substantive due process rights were violаted. We conclude the district court did not make sufficient findings of fact, and we reverse and remand for further findings.
I
[¶ 2] In 2004, R.A.S. was committed to the care, custody, and cоntrol of the executive director of the Department of Human Services as a sexually dangerous individual under N.D.C.C. ch. 25-03.3.
[¶ 3] In October 2007, R.A.S. petitioned for discharge under N.D.C.C. § 25-03.3-18. At a January 2008 discharge hearing, the State and R.A.S. both presented expert testimony. The State’s expert, witness, Dr. Lynne Sullivan, testified R.A.S. remains a sexually dangerous individual and recommended he remain committed. R.A.S.’s expert witness, Dr. James H. Gil-bertson, testified R.A.S. was not likely to engage in further acts of sexually predatory cоnduct. The district court denied R.A.S.’s petition for discharge, finding “[t]he State has shown by clear and convincing evidence that [R.A.S.] remains a sexually dangerous individual as dеfined in N.D.C.C. § 25-03.3-01.”
II
[¶ 4] R.A.S. argues the State did not prove by clear and convincing evidence that he remains a sexually dangerous individual, because Dr. Gilbertson testified R.A.S. was not likely to engage in further acts of sexually predatory conduct.
[¶ 5] This Court reviews civil commitments of sexually dangerous individuals under a modified clearly erroneous standard, and we will affirm the district court’s
[¶ 6] At a discharge hearing, the burden is on the State to prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual. N.D.C.C. § 25-03.3-18(4). To meet this burden, the State must show the committed individual has:
engaged in sexually predatory conduct аnd ... [2] has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction that [3] 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 оthers.
N.D.C.C. § 25-03.3-01(8). In addition to the three requirements of the statute, there must also be proof the committed individual has serious difficulty controlling his behavior to satisfy substantive duе process requirements. E.W.F.,
[¶ 7] Here, the district court found, “[t]he State has shown by clear and convincing evidence that [R.A.S.] remains a sexually dangerous individual as dеfined in N.D.C.C. § 25-03.3-01.” The court did not make any further findings supporting its decision in its order denying discharge or orally during the discharge hearing.
[¶ 8] In civil actions tried without a jury or with an- advisory jury, N.D.R.Civ.P. 52(а) requires the court to:
find the facts specially and state separately its conclusions of law thereon and direct the entry of the appropriate judgment. ... It will be sufficient if the findings of fact and conclusions of law are stated orally and recorded in open court following the close of the еvidence or appear in an opinion or memorandum of decision filed by the court.
“Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a), and a finding of faсt that merely states a party has failed in [or has sustained] its burden of proof is inadequate under the rule.” Rothberg v. Rothberg,
[IT 9] In order to review the district court’s decision and determine whether its findings are clearly erroneous, we must understand the bаsis for the court’s decision, and in this case we cannot. Rather, the district court’s finding is general and conclusory, and merely states that
[¶ 10] We reverse the district court’s order and remand for detailed findings of fact and conclusions of law to supрort the court’s decision to deny R.A.S.’s petition for discharge.
Ill
[¶ 11] R.A.S. also argues his substantive due process rights have been violated because his commitment has been used to circumvent the criminal justice system, the North Dakota State Hospital has a zero percent treatment rate, and North Dakota hаs the lowest commitment standards in the country.
[¶ 12] R.A.S. did not raise this issue before the district court. When a party fails to raise an issue before the district court, even а constitutional issue, we generally will not address the issue on appeal. Peters-Riemers v. Riemers,
[¶ 13] We note, however, that this Court has addressed similar arguments in another case. In the Matter of G.R.H.,
IV
[¶ 14] We conclude the district court did not make sufficient findings of fact, and we reverse and remand.
