In re Civil Commitment of Ince
Annotate this CaseOne day before Appellant was scheduled to be released from prison, where he served a sentenced imposed following a guilty plea to third-degree criminal sexual conduct, Sibley County filed a petition to have Appellant civilly committed as a sexually dangerous person. After a commitment hearing, the district court concluded that clear and convincing evidence demonstrated that Appellant met the statutory requirements for commitment as a sexually dangerous person. The court of appeals affirmed. The Supreme Court reversed, holding (1) the risk of harmful sexual conduct occurring must be “highly likely” based on consideration of the factors set forth in In re Linehan and all relevant evidence; and (2) because it could not be determined whether the district court adhered to the Linehan factors after considering the other evidence, reconsideration of the unique and specific facts of Appellant’s case was warranted.
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