SDP Defense Attorneys
What is a Sexually Dangerous Person in Massachusetts?
In Massachusetts, a person who is deemed to be “sexually dangerous” can be sent to prison for life. Technically, it is called a civil commitment and is considered to be remedial rather than a punishment. In order to be deemed a sexually dangerous person, the court must find the following, all beyond a reasonable doubt:
- The person has been convicted as an adult, juvenile or youthful offender for a sex offense listed under G.L. c. 123A § 1;
- The person is presently a prisoner;
- The person suffers from a mental abnormality or personality disorder; and
- That the abnormality or disorder makes the person likely to engage in sexual offenses if not confined to a secure facility.
Once a person is found to be sexually dangerous, and committed, they can be held for anytime up to the rest of their life.
What is the Process for Someone to be Deemed a Sexually Dangerous Person?
The District Attorney’s Office can file a petition with the Superior Court, asking for the person to be civilly committed. The person can be an adult or juvenile. When a person serving time for a sex offense is six months from release, the prison or house of corrections notifies the Attorney General’s Office about the impending release. The District Attorney’s petition must be filed while the person is still incarcerated.
The District Attorney’s can file a petition, which must contain facts that are sufficient to support the allegation that the person is sexually dangerous. It can be filed either in the Superior Court where the individual is committed or in the Superior Court of the county where the sexual offense occurred.
Once a petition is filed, the Superior Court will hold a hearing to determine whether probable cause exists to believe that the individual is sexually dangerous. If probable cause is found, the person will be held for an additional 60 day period for a more in-depth evaluation by qualified examiners to determine whether or not the person is sexually dangerous. If a qualified examiner concludes that the person is sexually dangerous and the district attorney petitions for a trial, the person is held until a trial takes place. Either side can request a jury trial. Although the cases are technically civil in nature, the District Attorney’s Office must prove that person is “sexually dangerous” beyond a reasonable doubt.
What if the Person is Incompetent?
Even if the person is incompetent, they can be held as a sexually dangerous person. The District Attorney’s Office can, and does, petition for incompetent people to be incarcerated under these provisions. In this instance, the court must first hold a bench trial where the judge has to initially find that the person actually committed the crime(s) charged, beyond a reasonable doubt. For this bench trial, the court uses the same evidentiary rules as in a criminal case.
Where is a Sexually Dangerous Person Incarcerated in Massachusetts?
Once a person is found to be sexually dangerous, they are sent to the Massachusetts Treatment Center in Bridgewater.
How can a Sexually Dangerous Person Get Out of Incarceration in Massachusetts?
Once someone is found to be a sexually dangerous person and committed, they have the right to petition for a discharge every year. The law allows a person to file a petition for release every 12 months, but in practice, the time between filing the petition and getting to trial is often a few years.
The trials are held at the Suffolk Superior Court in Boston, and the standard of proof is still “beyond a reasonable doubt.”
A person who has petitioned for release will be assessed by the Community Access Board. The Board is an administrative body composed of five members appointed by the Commissioner of Correction, and must include three department of correction employees and two psychiatrists or psychologists. The Board’s report may be admissible at trial. If the Board finds the petitioner to be sexually dangerous, the person is entitled to an evaluation by two “qualified examiners,” and their own independent expert(s). If the two experts find the person is no longer sexually dangerous, the person must be released.
If at least one of the qualified examiners finds that the person is still sexually dangerous, the person is entitled to a trial (unless the person refused to be interviewed by a qualified examiner). Unlike a criminal case where the defendant has the sole option to decide if they want a jury or bench trial, in these cases, either party can request a jury trial.
Experts on both sides can testify, and at the conclusion of trial, the jury must decide whether the person remains “sexually dangerous.” The District Attorney’s Office has to prove each of the following elements beyond a reasonable doubt:
- The person was previously found to be a sexually dangerous person (i.e. the initial proceedings);
- The misconduct in sexual matters indicates a general lack of power to control their sexual impulses, as evidenced by repetitive or compulsive sexual misconduct by either:
- Violence against a victim; or
- Aggression against a victim under the age of 16; and
- As a result, the person is likely to attack or otherwise inflict injury on such victims because of his uncontrolled or uncontrollable desires.
If the jury finds the person to no longer be sexually dangerous, the person is released. Otherwise, the person is returned to custody.
If a loved on is going through a sexually dangerous person civil commitment proceeding, and you’d like to discuss the potential for representation, feel free to call us at 781-797-0555 for a free initial telephone consultation today.
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Sources:
G.L. c. 123A et al.
