ELDRIDGE VOTES TO EXPAND A LAW TO CIVILLY COMMIT
SEXUALLY DANGEROUS PERSONS

BOSTON – State Representative James B. Eldridge (D-Acton) recently supported legislation expanding the crimes under which convicted felons can be committed civilly as sexually dangerous persons. The House voted 144 to 9 to pass An Act Relative to the Commitment of Sexually Dangerous Persons (S.1005), after it was reported favorably by the Joint Committee on the Judiciary and amended by the Senate.

“There will never be a fail-safe solution to protect innocent victims from some of society’s most dangerous predators,” said Rep. Eldridge.  “But, this is an earnest, far-reaching step to try to eliminate the possibilities of those who may harm others.” he explained.

Massachusetts law already allows for the civil commitment of persons adjudicated as sexually dangerous.  Six months prior to the release of an inmate, notice is sent to the appropriate district attorney or to the Attorney General of the pending release.   Procedures are then set in motion to petition the court for a hearing to determine whether the person should be civilly committed upon completion of his or her criminal prison sentence. Senate Bill 1005 expands the list of crimes under which a person can be determined sexually dangerous to include crimes that have not been viewed as traditionally sexual in nature such as kidnapping, or as imminently dangerous such as lewd and lascivious behavior, and possession of child pornography.

The bill was filed in response Alexandra Zapp’s murder at a Route 24 rest stop in the summer of 2000. Prior to the murder of Ms. Zapp, the Plymouth County District Attorney had tried to civilly commit the man who later killed her.  The court could not commit him at that time because of the nature of his prior conviction.

The Governor signed the bill on April 7, 2004