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

Mass. Gen. Laws ch. 123A, § 6A

Most appropriate level of security; participation in community access program; notice required

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Section 6A. Any person committed as a sexually dangerous person to the treatment center or a branch thereof under the provisions of this chapter shall be held in the most appropriate level of security required to ensure protection of the public, correctional staff, himself and others. Any juvenile who is committed as a sexually dangerous person to the treatment center or a branch thereof under the provisions of this chapter shall be segregated from any adults held at such facility.

Only a person whose criminal sentence has expired or upon whom a criminal sentence was never imposed shall be entitled to apply for participation in a community access program once in every twelve months. Said program shall be administered pursuant to the rules and regulations promulgated by the department of correction. As part of its program of community access the department of correction shall establish a board known as the community access board which board shall consist of five members appointed by the commissioner of correction, consistent with the rules and regulations of the department. Membership shall include three department of correction employees and two persons who are not department of correction employees, but who may be independent contractors or consultants. The non-employee members shall consist of psychiatrists or psychologists licensed by the commonwealth. The board shall evaluate residents for participation in the community access program and establish conditions to ensure the safety of the general community. The board shall have access to all records of the person being evaluated and shall give a report of its findings including dissenting views, to the chief administrative officer of the center. Such report shall be admissible in any hearing under section nine of this chapter. The board shall also conduct annual reviews of and prepare reports on the current sexual dangerousness of all persons at the treatment center, including those whose criminal sentences have not expired. The reports shall be admissible in a hearing under section nine of this chapter.

Any person participating in a community access program under this section shall continue to reside within the secure confines of MCI–Bridgewater and be under daily evaluation by treatment center personnel to determine if he presents a danger to the community. Upon approval of a person for participation in a community access program, notice shall be given to the colonel of state police, to the attorney general, to the district attorney in the district from which the person's criminal commitment originated, to the police department of the city or town from which the commitment originated, the police department of the town of Bridgewater, the police department where such person's participation in the community access program will occur the employer of persons participating in the access program, and any victim of the sexual offense from which the commitment originated. If such victim is deceased at the time of such program participation, notice of the person's participation in a community access program shall be given to the parent, spouse or other member of the immediate family of such deceased victim.

Notes of Decisions
Cited in 16 cases, 1985–2019 · leading case: Johnstone
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Johnstone (2009) mass · cites it 4× “The qualified examiners’ reports are admissible at the trial of the petition, as is “[ejvidence of the [petitioner’s] juvenile and adult court and probation records, psychiatric and psychological records, the department of correction’s updated annual progress report of the…”
Commonwealth v. Bradway (2004) massappct · cites it 3× “” G. L. c. 123A, § 6A, par. 1, as amended by St.”
McHoul (2005) mass · cites it 2× “G. L. c. 123A, §§ 6A, 9. Under § 9, either side *147 may introduce in evidence the report of a qualified examiner, the petitioner’s “juvenile and adult court and probation records,” the petitioner’s “psychiatric and psychological records,” and the Department of Correction’s…”
In re Chapman (2019) mass · cites it 2× “123A, §§ 9, 13 ( a ), the CAB is statutorily required to evaluate committed individuals on an annual basis, regardless of whether they petition for discharge, see G. L. c. 123A, § 6A. *517 The CAB's reports are then admissible, like various other sources of evidence, if and when…”
Green (2016) mass “G. L. c. 123A, § 6A, second par. The CAB also conducts annual reviews of the current sexual dangerousness of each person held at the treatment center.”
Santos (2012) mass · cites it 3× “Section 9 provides that at any hearing on such a petition, the written reports prepared by the designated qualified examiners 1 of their examinations of the petitioner are admissible in evidence, as are written annual reviews of the petitioner *566 prepared by the community…”
Doe, Sex Offender Registry Board No. 7083 v. Sex Offender Registry Board (2015) mass · cites it 2× “before their actual release, to protect against the eventuality that the time prior to a trial on a petition for discharge by a sex offender might be shortened by a motion seeking an expedited trial, either by the CAB or by the petitioner, in two specific circumstances:…”
Johnstone (2008) massappct · cites it 5× “The Commonwealth further contends that the CAB report, *132 approved in this case by three psychologists — the two statutorily required psychologists under G. L. c. 123A, §§ 6A and 9 (see note 1, supra), and Silverman — and presented by Belle, contains sufficient expert opinion…”
In re R.B. (2018) mass “2d 379 (2006), citing G. L. c. 123A, §§ 6A, 14 ("The defendant's interest is weighty.”
Commonwealth v. Nieves (2006) mass “However, the defendant’s interest must, with appropriate safeguards, yield to the Commonwealth’s *591 paramount interest in protecting its citizens.”
Commonwealth v. Burgess (2008) mass “We see no reason why the public interest in committing sexually dangerous persons to the care of the treatment center must be thwarted by the fact that one who is sexually dangerous also happens to be incompetent.”
Thompson (1985) mass · cites it 2× “, a finding that the petitioner is no longer sexually dangerous, is substantially different from the criteria to be used under §§ 5 and 6 in determining whether alternatives to the treatment center are appropriate.”
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