Commonwealth v. Gardner

The Supreme Judicial Court held that “sexually dangerous person” (SDP) commitment extends only to those prisoners who are in Massachusetts custody serving a Massachusetts sentence at the time the Commonwealth files a commitment petition under Mass. Gen. Laws ch. 123A, 12(b).Defendant in this case was serving a Rhode Island sentence, albeit in a Massachusetts prison, when the Commonwealth filed the underlying petition in the superior court seeking his civil commitment as an SDP. The superior court granted Defendant’s motion to dismiss, finding that the Commonwealth lacked jurisdiction because Defendant was not serving a Massachusetts sentence and was under the jurisdiction of Rhode Island at the time the Commonwealth filed the petition. The Supreme Judicial Court affirmed after applying the required narrow construction of the SDP statute, Mass. Gen. Laws ch. 123A, 1, holding that the term “prisoner” does not include an individual in the custody of, and serving a sentence in, another state. View "Commonwealth v. Gardner" on Justia Law