Gangi v. Mass. Parole Bd.

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Petitioner was convicted of a crime and sentenced to a period of imprisonment followed by community parole supervision for life (CPSL). While serving his CPSL sentence, Petitioner tested positive for opiates. During the CPSL revocation proceedings that followed, Petitioner was confined pursuant to parole board regulations pursuant to parole board regulations. While Petitioner was confined, the Commonwealth filed a petition in the superior court alleging that Petitioner was a sexually dangerous person (SDP). The parole board found a CPSL violation, and Petitioner’s confinement continued as a sanction for the CPSL violation. Petitioner was civilly committed pending the outcome of the SDP petition. While temporarily committed, Petitioner filed this complaint for declaratory and injunctive relief, seeking a declaration that his due process rights were violated in the CPSL revocation proceeding and that his CPSL sentence was unconstitutional under separation of powers principles. The Supreme Judicial Court concluded that Petitioner’s CPSL sentence and his incarceration were unlawful, and therefore, Petitioner was not a “prisoner” for purposes of the SDP statute when the Commonwealth filed its SDP petition.View "Gangi v. Mass. Parole Bd." on Justia Law