Mass. Gen. Laws ch. 123A, § 13

Temporary commitment of prisoner or youth to treatment center; right to counsel; psychological examination

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Section 13. (a) If the court is satisfied that probable cause exists to believe that the person named in the petition is a sexually dangerous person, the prisoner or youth shall be committed to the treatment center for a period not exceeding 60 days for the purpose of examination and diagnosis under the supervision of two qualified examiners who shall, no later than 15 days prior to the expiration of said period, file with the court a written report of the examination and diagnosis and their recommendation of the disposition of the person named in the petition.

(b) The court shall supply to the qualified examiners copies of any juvenile and adult court records which shall contain, if available, a history of previous juvenile and adult offenses, previous psychiatric and psychological examinations and such other information as may be pertinent or helpful to the examiners in making the diagnosis and recommendation. The district attorney or the attorney general shall provide a narrative or police reports for each sexual offense conviction or adjudication as well as any psychiatric, psychological, medical or social worker records of the person named in the petition in the district attorney's or the attorney general's possession. The agency with jurisdiction over the person named in the petition shall provide such examiners with copies of any incident reports arising out of the person's incarceration or custody.

(c) The person named in the petition shall be entitled to counsel and, if indigent, the court shall appoint an attorney. All written documentation submitted to the two qualified examiners shall also be provided to counsel for the person named in the petition and to the district attorney and attorney general.

(d) Any person subject to an examination pursuant to the provisions of this section may retain a psychologist or psychiatrist who meets the requirements of a qualified examiner, as defined in section 1, to perform an examination on his behalf. If the person named in the petition is indigent, the court shall provide for such qualified examiner.

Notes of Decisions

Cited in 70 cases (4 in the last 5 years), 2000–2025 · leading case: Commonwealth v. Markvart

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Commonwealth v. Markvart (2002) mass · cites it 7× “See G. L. c. 123A, § 13 (a). The Commonwealth provided the examiners with, among other things, copies of the police reports and witness statements from the 1991 nol pressed case.”

Commonwealth v. Callahan (2003) mass · cites it 8× “After finding probable cause to believe that the defendant was a sexually dangerous person, the judge committed him to the treatment center for examination and diagnosis by two qualified examiners, pursuant to G. L. c. 123A, § 13 (a). The Commonwealth then filed motions seeking…”

Commonwealth v. Connors (2006) mass · cites it 10× “Pending trial, the defendant was temporarily committed to a treatment center for examination and diagnosis under the supervision of two qualified examiners, as provided by G. L. c. 123A, § 13 (a). See note 2, supra.”

Commonwealth v. Knapp (2004) mass · cites it 5× “See G. L. c. 123A, § 13 (a). At the conclusion of the examination period, the Commonwealth moved that Knapp be further committed pending the trial on its petition.”

Commonwealth v. Kennedy (2001) mass · cites it 6× “Three weeks later, on March 16, 2000, a judge in the Superior Court *528 found probable cause to believe that the defendant was sexually dangerous and, pursuant to G. L. c. 123A, § 13 (a), 1 ordered that he be committed temporarily to the Massachusetts Treatment Center for…”

Commonwealth v. Poissant (2005) mass · cites it 7× “The primary issue that the parties in this appeal raise is whether a defendant in a sexually dangerous person proceeding who has been examined by two qualified examiners, see G. L. c. 123A, § 13 (a), must also submit to an examination *559 by an expert selected by the…”

Gangi v. Commonwealth (2012) mass · cites it 7× “” During that sixty-day *159 period, two qualified examiners will evaluate the individual and “shall, no later than 15 days prior to the expiration of said period, file with the court a written report of the examination and diagnosis and their recommendation of the disposition…”

Commonwealth v. G.F. (2018) mass · cites it 4× “A Superior Court judge accordingly found probable cause that the petitioner was sexually dangerous, and ordered him committed to the treatment center for a sixty-day period of evaluation, pursuant to G. L. c. 123A, § 13 ( a ). While at the treatment center, the petitioner was…”

Commonwealth v. Sargent (2007) mass · cites it 4× “See G. L. c. 123A, § 13 (a). After the defendant was committed to the treatment center, his counsel informed the Commonwealth and the treatment center that he wished to be present at all examinations of the defendant.”

Commonwealth v. Bruno (2000) mass · cites it 3× “” G. L. c. 123A, § 13 (a). No later than fifteen days before the expiration of the sixty-day examination period, the qualified examiners must “file with the court a written report of the examination and diagnosis and their recommendation of the [person’s] disposition.”

Johnstone (2009) mass · cites it 3× “See G. L. c. 123A, § 13 (a). The qualified examiners must “file with the court a written report of the examination and diagnosis and their recommendation of the disposition of the person named in the petition.”

Commonwealth v. Gagnon (2003) mass · cites it 3× “The Commonwealth filed the qualified examiners’ report eight days 1 after the deadline specified in G. L. c. 123A, § 13 (a). A judge in the Superior Court concluded that missing the report filing deadline and initiating the petition process so close to the defendant’s discharge…”

Show all 70 citing cases →

— Mass. Gen. Laws ch. 123A, § 13(6) — 2 cases

Commonwealth v. Boyer (2003) massappct

Gammell (2014) massappct

— Mass. Gen. Laws ch. 123A, § 13(A) — 1 case

Gammell (2014) massappct

— Mass. Gen. Laws ch. 123A, § 13(a) — 21 cases

Commonwealth v. Bradway (2004) massappct

Commonwealth v. Dube (2003) massappct

Commonwealth v. Ronald Boyer (2004) massappct

Com. v. Jackson (2008) va

Commonwealth v. Boyer (2003) massappct

— Mass. Gen. Laws ch. 123A, § 13(b) — 1 case

Commonwealth v. Toland (2000) masssuperct

— Mass. Gen. Laws ch. 123A, § 13(c) — 1 case

Commonwealth v. Almeida (2013) massappct

— Mass. Gen. Laws ch. 123A, § 13(d) — 1 case

Commonwealth v. Choinere (2006) masssuperct

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