Commonwealth v. GeorgeAnnotate this Case
Defendant was determined to be a sexually dangerous person (SDP) pursuant to Mass. Gen. Laws ch. 123A and was committed to the Massachusetts Treatment Center for an indeterminate period of from one day to life. Defendant appealed, arguing, among other things, that a diagnosis of antisocial personality disorder (ASPD) is a constitutionally inadequate basis for commitment as an SDP. The Supreme Judicial Court affirmed the judgment and order for Defendant’s civil commitment as an SDP, holding (1) an ASPD diagnosis is adequate to satisfy the definitional requirements of an SDP where the Commonwealth also proves that, as a result of the ASPD, the individual is likely to engage in sexual offenses if not civilly committed; and (2) the trial judge did not err in denying Defendant’s motions in limine to exclude expert testimony regarding his likelihood of reoffense and in precluding the admission of risk category labels for the Static-99R risk assessment tool.