Commonwealth v. Knapp

The question we must decide on a reservation and report from a single justice of this court is whether any provision of G. L. c. 123A permits the release of a person on *158probationary conditions after a judge has found probable cause to believe that the person is sexually dangerous and the Commonwealth has petitioned for a trial. We conclude that the statutory scheme requires that such a person be confined in a secure facility until the conclusion of trial, and that such a requirement does not violate the due process protections of the United States Constitution.1

Background. The respondent,…