Commonwealth v. Shedlock

In this case we address an important unresolved issue relating to the meaning of “release” as used in § 12(a) *446(see note 1, infra) of the statute governing proceedings for civil commitment of “sexually dangerous persons.” G. L. c. 123A, §§ 1, 12-14, as amended by St. 1999, c. 74, §§ 3-8.1 The Supreme Judicial Court expressly declined comment on the issue in Commonwealth v. McLeod, 437 Mass. 286, 293 n.10 (2002).

In McLeod, the court dealt with a defendant who had been convicted in 1998 and 1992 of “sexual offenses” (rape and indecent assault and battery of a child and aggravated rape) as…