In re Commitment of Knott

Take note, this commitment is based on "ATTEMPTED" sex crimes. This is now the third one we have found using "attempted" as the state's basis.

2-7-2013 Arizona:

In re Commitment of Knott
No. 2 CA-MH 2012-0010-SP.

In July 2012, a jury found appellant Derek Knott to be a sexually violent person (SVP) pursuant to Arizona's Sexually Violent Persons Act, A.R.S. §§ 36-3701 through 36-3717. The trial court committed Knott to the custody of the Arizona Department of Health Services for placement in a licensed facility under the supervision of the Arizona State Hospital. On appeal, Knott challenges the court's denial of his motion for directed verdict, arguing there was insufficient evidence he had been convicted of a sexually violent offense or that he had a mental disorder that made it highly probable he would engage in future sexually violent acts, and argues the court erred when it committed him in the absence of a unanimous jury verdict. He asks that we reverse the judgment that he is a SVP and order his release. We affirm for the reasons stated below.

¶2 We review an order for involuntary treatment to determine if there is substantial evidence supporting the ruling. In re Maricopa Cnty. Mental Health No. MH 2008-001188, 221 Ariz. 177, ¶ 14, 211 P.3d 1161, 1163 (App. 2009). And, we view the evidence in the light most favorable to affirming the court's ruling. Id. Unless the factual findings upon which the court's order is based are clearly erroneous or unsupported by substantial evidence, we will not disturb it. In re Maricopa Cnty. Mental Health No. MH 94-00592, 182 Ariz. 440, 443, 897 P.2d 742, 745 (App. 1995). Under the SVP Act, a person may be civilly committed if the state proves beyond a reasonable doubt that the person named in the petition is sexually violent. See § 36-3707(A), (B). A sexually violent person includes one who has been convicted of a sexually violent offense and exhibits "a mental disorder that makes the person likely to engage in acts of sexual violence." § 36-3701(7). In 2001, Knott was convicted, inter alia, of attempted sexual assault and was placed on intensive probation for ten years "subject to the special conditions of probation for sexual offenders." In 2011, as Knott neared the end of his incarceration for convictions of attempted voyeurism and stalking subsequent offenses committed while he was on supervised release for the attempted sexual assault conviction, the state filed a petition alleging Knott is a SVP as defined in § 36-3701(7).

¶3 At Knott's civil commitment trial in July 2012, see § 36-3706, psychologists Sergio Martinez, engaged by the court to evaluate Knott, and Richard Samuels, testifying on Knott's behalf, both testified Knott had been convicted of various offenses, including attempted sexual assault, a sexually violent offense under § 36-3701(6)(a), (c). They also testified Knott had more recently been convicted of attempted voyeurism and stalking, at least one of which was committed while he was on community release and wearing a global positioning system monitor. ..For the rest of the decision..

---