Commonwealth v. Gagnon

This case raises the question whether the alleged failure to meet various deadlines specified in the sexually dangerous persons commitment statute requires dismissal of the commitment petition in every case. 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. The Commonwealth filed the qualified examiners’ report eight days1 after the deadline specified in G. L. c. 123A, § 13 (a). A…