In the Interest of Robert R. Hoff Pamela A. Nesvig, Assistant State's Attorney, Petitioner and Appellee
Robert R. Hoff, Respondent and Appellant
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.
Pamela Ann Nesvig, Assistant State's Attorney, Burleigh County Courthouse, Bismarck, ND, for petitioner and appellee; submitted on brief.
Gregory Ian Runge, 1983 East Capitol Avenue, Bismarck, ND, for respondent and appellant; submitted on brief.
Daniel J. Crothers, Lisa
Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, Gerald W. VandeWalle,
[¶1] Robert R. Hoff appeals a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. The district court found by clear and convincing evidence Hoff remains a sexually dangerous individual. Hoff argues the district court erred in determining that he has a congenital or acquired condition manifested by a sexual disorder, personality disorder or other mental disorder or dysfunction, that he is likely to engage in further acts of sexually predatory conduct and that he has difficulty controlling his behavior. We reverse and remand, concluding the district court made insufficient findings of fact on whether Hoff has difficulty controlling his behavior.
[¶2] Hoff was civilly committed as a sexually dangerous individual on January 11, 2006. Hoff was diagnosed with antisocial personality disorder with a high degree of psychopathy, providing a basis for finding he would engage in future acts of sexually predatory conduct and would experience serious difficulty controlling his behavior. The district court determined Hoff remained a sexually dangerous individual in 2009 and 2012. Hoff petitioned for discharge again in 2013, which was denied on September 18, 2013.
[¶3] Dr. Lynne Sullivan testified in the 2013 proceeding that Hoff has a severe personality disorder based on meeting all seven criteria for antisocial personality disorder, a high score on his psychopathy checklist, continued violation of social norms, lack of empathy, impulsivity, authority issues and write-ups evidencing self-centeredness. Dr. Sullivan stated Hoff's results on previously scored assessment tools and his diagnosis indicated he likely would engage in predatory conduct and had a thirty-five percent chance of reoffending within ten years. Dr. Sullivan indicated Hoff would have serious difficulty controlling his behavior if released into the community because he has not learned anything during treatment. Dr. Sullivan noted Hoff has serious problems interacting with females and may not intervene appropriately in sexually risky situations.
[¶4] Dr. Robert George Riedel testified on Hoff's behalf, asserting Hoff had a diagnosis of mixed personality disorder with borderline antisocial features rather than antisocial personality disorder. Dr. Riedel noted Hoff scored twenty-six on the PCL-R test, indicating he may benefit from treatment. Dr. Riedel further stated
Hoff showed just over a thirteen percent chance of recidivism, indicating he should not be committed.
[¶5] The district court found Hoff's diagnosis of antisocial personality disorder with a high degree of psychopathy makes it likely he will engage in future acts of sexually predatory conduct. The district court found Hoff's lack of progress in treatment placed him at a high risk to reoffend. The district court found Hoff remained a sexually dangerous individual and denied his petition for discharge. The district court did not make findings whether Hoff has difficulty ...