Commonwealth v. George

Summary

The Massachusetts Supreme Judicial Court affirmed Richard George’s civil commitment as a sexually dangerous person under G. L. c. 123A. The court held that an antisocial personality disorder diagnosis may support commitment when other evidence establishes that the disorder causes a lack of control over sexual impulses and makes the person likely to reoffend sexually if not confined. The court also held that Static-99R risk-category labels are inadmissible because they provide little assistance to the jury, but found their admission in this case nonprejudicial.

Holdings

1. An antisocial personality disorder diagnosis is sufficient to satisfy the mental-condition component of sexually dangerous person commitment when the Commonwealth also presents evidence establishing that, as a result of the disorder, the individual is likely to engage in sexual offenses if not confined to a secure facility. The diagnosis alone is insufficient.
2. Qualified examiners may offer expert opinions on whether a respondent's mental abnormality or personality disorder makes him likely to commit a sexual offense if not confined, because that opinion assists the jury in deciding matters beyond ordinary experience.
3. Static-99R risk-category labels such as "moderate-high" and "high" lack sufficient probative value to assist the jury and should not be admitted in sexually dangerous person proceedings. The numerical Static-99R score and corresponding percentage risk remain admissible.

Questions Presented

1. Whether an antisocial personality disorder diagnosis can serve as the predicate mental condition for civil commitment as a sexually dangerous person under G. L. c. 123A.
2. Whether qualified examiners may testify about the ultimate issue of whether a respondent is likely to commit sexual offenses if not confined to a secure facility.
3. Whether testimony describing Static-99R scores with the labels "moderate-high" and "high" is admissible and, if not, whether its admission required reversal.

Disposition

affirmed