Mass. Gen. Laws » Part I Title XVII Chapter 123A
Massachusetts General Laws

Mass. Gen. Laws ch. 123A, § 12 (2026)

Notification of persons adjudicated as delinquent juvenile or youthful offender by reason of a sexual offense; petitions for classification as sexually dangerous person; hearings

✓ current as of July 2026
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Section 12. (a) Any agency with jurisdiction of a person who has ever been convicted of or adjudicated as a delinquent juvenile or a youthful offender by reason of a sexual offense as defined in section 1, regardless of the reason for the current incarceration, confinement or commitment, or who has been charged with such offense but has been found incompetent to stand trial, or who has been charged with any offense, is currently incompetent to stand trial and has previously been convicted of or adjudicated as a delinquent juvenile or a youthful offender by reason of a sexual offense, shall notify in writing the district attorney of the county where the offense occurred and the attorney general six months prior to the release of such person, except that in the case of a person who is returned to prison for no more than six months as a result of a revocation of parole or who is committed for no more than six months, such notice shall be given as soon as practicable following such person's admission to prison. In such notice, the agency with jurisdiction shall also identify those prisoners or youths who have a particularly high likelihood of meeting the criteria for a sexually dangerous person.

(b) When the district attorney or the attorney general determines that the prisoner or youth in the custody of the department of youth services is likely to be a sexually dangerous person as defined in section 1, the district attorney or the attorney general at the request of the district attorney may file a petition alleging that the prisoner or youth is a sexually dangerous person and stating sufficient facts to support such allegation in the superior court where the prisoner or youth is committed or in the superior court of the county where the sexual offense occurred.

(c) Upon the filing of a petition under this section, the court in which the petition was filed shall determine whether probable cause exists to believe that the person named in the petition is a sexually dangerous person. Such person shall be provided with notice of, and an opportunity to appear in person at, a hearing to contest probable cause.

(d) At the probable cause hearing, the person named in the petition shall have the following rights:

(1) to be represented by counsel;

(2) to present evidence on such person's behalf;

(3) to cross-examine witnesses who testify against such person; and

(4) to view and copy all petitions and reports in the court file.

(e) If the person named in the petition is scheduled to be released from jail, house of correction, prison or a facility of the department of youth services at any time prior to the court's probable cause determination, the court, upon a sufficient showing based on the evidence before the court at that time, may temporarily commit such person to the treatment center pending disposition of the petition. The person named in the petition may move the court for relief from such temporary commitment at any time prior to the probable cause determination.

Notes of Decisions
Cited in 118 cases (14 in the last 5 years), 2000–2026 · leading case: Commonwealth v. Bruno, 735 N.E.2d 1222 (Mass. 2000).
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Commonwealth v. Bruno, 735 N.E.2d 1222 (Mass. 2000). · cites it 14× “” G. L. c. 123A, § 12 (a). If the district attorney or Attorney General then “determines that the prisoner .”
Commonwealth v. McLeod, 771 N.E.2d 142 (Mass. 2002). · cites it 8× “The sole issue on appeal is whether the provisions of G. L. c. 123A, § 12, apply to persons convicted of sexual offenses who have completed and been released from those sentences but who are later serving sentences for crimes that are not statutorily enumerated “sexual offenses.”
Commonwealth v. Chapman, 825 N.E.2d 508 (Mass. 2005). · cites it 15× “Therefore, we vacate the judge’s order and remand the matter to the Superior Court for a probable cause hearing pursuant to G. L. c. 123A, § 12 (c). 1. Background. In September, 1977, Chapman was convicted of two counts of rape of a child and was sentenced to a prison term of…”
Commonwealth v. Gillis, 861 N.E.2d 422 (Mass. 2007). · cites it 9× “,” 2 G. L. c. 123A, § 12 (b). The petition is filed “in the superior *356 court where the prisoner .”
Commonwealth v. Dube, 796 N.E.2d 859 (Mass. App. Ct. 2003). · cites it 5× “Consequently, on May 22, 2001, the parole board voted to release him on parole and, pursuant to G. L. c. 123A, § 12(a), notified the Bristol County district attorney of its intention to do so.”
Johnstone, 903 N.E.2d 1074 (Mass. 2009). · cites it 5× “We conclude further that the same reasoning applies to initial commitment proceedings pursuant to G. L. c. 123A, § 12 (b), and that the Commonwealth cannot proceed to trial thereunder when both qualified examiners opine that the person in question is not sexually dangerous.”
In re Chapman, 122 N.E.3d 507 (Mass. 2019). · cites it 5× “7 *513 G. L. c. 123A, § 12 ( a ) - ( b ). Once the Commonwealth files its petition, a judge must hold a hearing to determine whether there is probable cause to believe that the individual is sexually dangerous.”
Commonwealth v. G.F., 93 N.E.3d 816 (Mass. 2018). · cites it 5× “2 In December, 2010, the Commonwealth filed a petition pursuant to G. L. c. 123A, § 12 ( b ), alleging that the petitioner is still sexually dangerous.”
Commonwealth v. Reese, 781 N.E.2d 1225 (Mass. 2003). · cites it 5× “*521 On February 14, 2001, while Reese was serving his sentence, the Commonwealth filed a petition in the Superior Court that Reese be civilly committed as a sexually dangerous person pursuant to G. L. c. 123A, § 12 (a). 1 The Commonwealth secured Reese’s temporary detention…”
Commonwealth v. Gagnon, 792 N.E.2d 119 (Mass. 2003). · cites it 4× “The issue arose when the Commonwealth filed a petition to commit the defendant to the Massachusetts Treatment Center (treatment center) as a sexually dangerous person pursuant to G. L. c. 123A, § 12 (b), one and one-half months prior to the defendant’s release.”
Commonwealth v. DeBella, 816 N.E.2d 102 (Mass. 2004). · cites it 5× “On August 1, 2000, the Commonwealth filed a petition for commitment of DeBella as a sexually dangerous person pursuant to G. L. c. 123A, § 12 (b). 1 Pursuant to G.”
Doe, Sex Offender Registry Bd. No. 10216 v. Sex Offender Registry Bd., 857 N.E.2d 492 (Mass. 2006). · cites it 3× “In April, 2000, the Commonwealth filed a petition pursuant to G. L. c. 123A, § 12, to have the plaintiff civilly committed as a sexually dangerous person (SDP).”
Show all 118 citing cases →
— Mass. Gen. Laws ch. 123A, § 12(6) — 6 cases
Commonwealth v. Allen, 903 N.E.2d 231 (Mass. App. Ct. 2009).
Commonwealth v. Gillis, 861 N.E.2d 422 (Mass. 2007). “,” 2 G. L. c. 123A, § 12 (b). The petition is filed “in the superior *356 court where the prisoner .”
Commonwealth v. Dinguis, 903 N.E.2d 252 (Mass. App. Ct. 2009).
Commonwealth v. Blanchette, 764 N.E.2d 353 (Mass. App. Ct. 2002).
Commonwealth v. Boyer, 792 N.E.2d 677 (Mass. App. Ct. 2003).
— Mass. Gen. Laws ch. 123A, § 12(A) — 1 case
Commonwealth v. Allen, 903 N.E.2d 231 (Mass. App. Ct. 2009).
— Mass. Gen. Laws ch. 123A, § 12(a) — 10 cases
Commonwealth v. Dube, 796 N.E.2d 859 (Mass. App. Ct. 2003). “Consequently, on May 22, 2001, the parole board voted to release him on parole and, pursuant to G. L. c. 123A, § 12(a), notified the Bristol County district attorney of its intention to do so.”
Commonwealth v. Ferreira, 852 N.E.2d 1086 (Mass. App. Ct. 2006).
Commonwealth v. Allen, 903 N.E.2d 231 (Mass. App. Ct. 2009).
Commonwealth v. Dinguis, 903 N.E.2d 252 (Mass. App. Ct. 2009).
Commonwealth v. Shedlock, 790 N.E.2d 722 (Mass. App. Ct. 2003).
— Mass. Gen. Laws ch. 123A, § 12(b) — 8 cases
Commonwealth v. Sanchez, 903 N.E.2d 1135 (Mass. App. Ct. 2009).
Stevens v. Commonwealth, 29 Mass. L. Rptr. 320 (Mass. Super. Ct. 2011).
Commonwealth v. Gross, 19 Mass. L. Rptr. 97 (Mass. Super. Ct. 2005).
Commonwealth v. Richard Meuse (Mass. Super. Ct. 2020).
Commonwealth v. Steven Waylein (Mass. Super. Ct. 2020).
— Mass. Gen. Laws ch. 123A, § 12(c) — 23 cases
Commonwealth v. Dube, 796 N.E.2d 859 (Mass. App. Ct. 2003). “Consequently, on May 22, 2001, the parole board voted to release him on parole and, pursuant to G. L. c. 123A, § 12(a), notified the Bristol County district attorney of its intention to do so.”
Commonwealth v. Blanchette, 764 N.E.2d 353 (Mass. App. Ct. 2002).
Commonwealth v. Ronald Boyer, 812 N.E.2d 1235 (Mass. App. Ct. 2004).
Com. v. Jackson, 661 S.E.2d 810 (Va. 2008).
Souza, 27 N.E.3d 395 (Mass. App. Ct. 2015).
— Mass. Gen. Laws ch. 123A, § 12(e) — 13 cases
Commonwealth v. Dube, 796 N.E.2d 859 (Mass. App. Ct. 2003). “Consequently, on May 22, 2001, the parole board voted to release him on parole and, pursuant to G. L. c. 123A, § 12(a), notified the Bristol County district attorney of its intention to do so.”
Commonwealth v. Blanchette, 764 N.E.2d 353 (Mass. App. Ct. 2002).
Commonwealth v. Shedlock, 790 N.E.2d 722 (Mass. App. Ct. 2003).
Kenney, 850 N.E.2d 590 (Mass. App. Ct. 2006).
Commonwealth v. Dinguis, 903 N.E.2d 252 (Mass. App. Ct. 2009).
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