Commonwealth v. G.F.
Annotate this CaseIn this case where the Commonwealth filed a petition seeking to commit Petitioner as a sexually dangerous person in 2010 but, after three mistrials, Petitioner remained confined without a finding that he was sexually dangerous, the Supreme Judicial Court held (1) Mass. Gen. Laws ch. 123A, the statute governing civil commitment of sexually dangerous persons (SDP), permitted a fourth trial under the circumstances of this case; but (2) Petitioner’s nearly seven-year confinement without a finding of sexual dangerousness violated his substantive due process rights under the Fifth and Fourteenth Amendments of the United States Constitution and the Massachusetts Declaration of Rights. Accordingly, Petitioner must be given the opportunity to seek supervised release prior to his fourth trial.
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