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

Mass. Gen. Laws ch. 123A, § 9 (2026)

Petitions for examination and discharge

✓ current as of July 2026
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Section 9. Any person committed to the treatment center shall be entitled to file a petition for examination and discharge once in every twelve months. Such petition may be filed by either the committed person, his parents, spouse, issue, next of kin or any friend. The department of correction may file a petition at any time if it believes a person is no longer a sexually dangerous person. A copy of any petition filed under this subsection shall be sent within fourteen days after the filing thereof to the department of the attorney general and to the district attorney for the district where the original proceedings were commenced. Said petition shall be filed in the district of the superior court department in which said person was committed. The petitioner shall have a right to a speedy hearing on a date set by the administrative justice of the superior court department. Upon the motion of the person or upon its own motion, the court shall appoint counsel for the person. The hearing may be held in any court or any place designated for such purpose by the administrative justice of the superior court department. In any hearing held pursuant to the provisions of this section, either the petitioner or the commonwealth may demand that the issue be tried by a jury. If a jury trial is demanded, the matter shall proceed according to the practice of trial in civil cases in the superior court.

The court shall issue whatever process is necessary to assure the presence in court of the committed person. The court shall order the petitioner to be examined by two qualified examiners, who shall conduct examinations, including personal interviews, of the person on whose behalf such petition is filed and file with the court written reports of their examinations and diagnoses, and their recommendations for the disposition of such person. Said reports shall be admissible in a hearing pursuant to this section. If such person refuses, without good cause, to be personally interviewed by a qualified examiner appointed pursuant to this section, such person shall be deemed to have waived his right to a hearing on the petition and the petition shall be dismissed upon motion filed by the commonwealth. The qualified examiners shall have access to all records of the person being examined. Evidence of the person's juvenile and adult court and probation records, psychiatric and psychological records, the department of correction's updated annual progress report of the petition, including all relevant materials prepared in connection with the section six A process, and any other evidence that tends to indicate that he is a sexually dangerous person shall be admissible in a hearing under this section. The chief administrative officer of the treatment center or his designee may testify at the hearing regarding the annual report and his recommendations for the disposition of the petition. Unless the trier of fact finds that such person remains a sexually dangerous person, it shall order such person to be discharged from the treatment center. Upon such discharge, notice shall be given to the chief administrative officer, to the commissioner of correction and the colonel of state police, to the attorney general, to the district attorney in the district from which the 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 is anticipated to take up residency, any employer of the resident, the department of criminal justice information services, and any victim of the sexual offense from which the commitment originated; provided, however, that said victim has requested notification pursuant to section three of chapter two hundred and fifty-eight B. If such victim is deceased at the time of such discharge, notice of such discharge shall be given to the parent, spouse or other member of the immediate family of such deceased victim.

Notes of Decisions
Cited in 129 cases (18 in the last 5 years), 1972–2026 · leading case: Commonwealth v. Travis, 361 N.E.2d 394 (Mass. 1977).
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Commonwealth v. Travis, 361 N.E.2d 394 (Mass. 1977). · cites it 23× “Travis contends that the judge had no constitutional authority under G.L.c. 123A, § 9, to recommit him because he had previously been found not to be a sexually dangerous person, and the judge could not validly vacate that prior finding.”
McIntire, 936 N.E.2d 424 (Mass. 2010). · cites it 16× “In Johnstone, this court held that “in order for the Commonwealth to proceed to trial in a [SDP] discharge proceeding under G. L. c. 123A, § 9, at least one of the two qualified examiners [appointed to examine the petitioner] must opine that the petitioner remains sexually…”
In re Chapman, 122 N.E.3d 507 (Mass. 2019). · cites it 10× “123A, § 9, the petitioner was evaluated by two qualified examiners; both concluded in written reports submitted to the court that Chapman was no longer sexually dangerous. Dr.”
Johnstone, 903 N.E.2d 1074 (Mass. 2009). · cites it 9× “This case concerns the interplay between the role of the qualified examiners and that of the community access board (CAB) in discharge proceedings for sexually dangerous persons pursuant to G. L. c. 123A, § 9. At the petitioner’s discharge trial, two qualified examiners who,…”
McHoul, 833 N.E.2d 1146 (Mass. 2005). · cites it 8× “The petitioner now challenges various evidentiary rulings, including the admission of evidence containing “totem pole” (or “layered”) hearsay; certain jury instructians, including an instruction that potential future injury to adult victims is not limited to physical injury; the…”
Doe v. Sex Offender Registry Bd., 459 Mass. 603 (Mass. 2011). · cites it 4× “After approximately one year, Doe filed a petition for examination and discharge from the treatment center pursuant to G. L. c. 123A, § 9. Two different qualified examiners, Drs.”
In re R.B., 98 N.E.3d 678 (Mass. 2018). · cites it 6× “G. L. c. 123A, § 9. A jury found that the petitioner continued to be sexually dangerous, and an order entered continuing his commitment.”
Doe, Sex Offender Registry Bd. No. 7083 v. Sex Offender Registry Bd., 472 Mass. 475 (Mass. 2015). · cites it 9× “When that classification hearing took place, in February, 2012, Doe’s earliest parole eligibility date was ten months away, and a trial on Doe’s petition for discharge, pursuant to G. L. c. 123A, § 9, had been scheduled for a date eighteen months away.”
Thompson, 476 N.E.2d 216 (Mass. 1985). · cites it 12× “Thompson contends that the judge erred in refusing, under G. L. c. 123A, § 9, to consider evidence which would tend to establish that confinement in an environment less restrictive than the treatment center is warranted.”
Commonwealth v. G.F., 93 N.E.3d 816 (Mass. 2018). · cites it 5× “ior Court judge determined that the SDP statute permits the Commonwealth's petition to be dismissed if ten out of twelve jurors *834 conclude that the petitioner is not sexually dangerous, because, had the jury found him sexually dangerous at his first trial, by now he would…”
Dutil v. Murphy, 550 F.3d 154 (1st Cir. 2008). · cites it 3× “Pursuant to Mass. Gen. Laws ch. 123A, § 9, a provision allowing SDPs to argue that their sexual dangerousness has ended, Dutil filed petitions for discharge in 1996, 1997, and 1998.”
Commonwealth v. Blake, 909 N.E.2d 532 (Mass. 2009). · cites it 5× “Nor does he assert that the temporary order committing him to the treatment center, pending disposition of the Commonwealth’s petition, was not a lawful exercise of the court’s authority under G. L. c. 123A, § 14 (a) or (e).”
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