In the Interest of Jeremy Tim Johnson

Summary

The North Dakota Supreme Court reversed an order continuing Jeremy Johnson’s civil commitment as a sexually dangerous individual. The court held that the district court’s findings were insufficient to establish that Johnson had a present serious difficulty controlling his behavior, and that inadequate treatment progress alone did not satisfy the State’s statutory and constitutional burdens. The court directed that Johnson be released from civil commitment.

Holdings

1. The district court’s findings were insufficient because it did not specifically find that Johnson had serious difficulty controlling his behavior or make factual findings demonstrating a present inability to control his behavior.
2. Inadequate progress in treatment may indicate serious difficulty controlling behavior, but it does not establish that requirement by itself; continuing commitment solely on that basis is insufficient.
3. The State did not satisfy its statutory or constitutional burden to justify continued commitment because the record did not support a finding that Johnson presently had serious difficulty controlling his behavior.

Questions Presented

1. Whether the district court’s findings were sufficient to establish that Johnson presently had serious difficulty controlling his behavior, as required by substantive due process for continued commitment as a sexually dangerous individual.
2. Whether inadequate progress or participation in treatment alone satisfies the State’s statutory and constitutional burden to justify continued civil commitment.

Disposition

reversed