Commissioner of Mental Health v. Gagne

19 Mass. App. Ct. 545
CourtMassachusetts Appeals Court
DecidedMarch 28, 1985
StatusPublished
Cited by1 cases

This text of 19 Mass. App. Ct. 545 (Commissioner of Mental Health v. Gagne) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commissioner of Mental Health v. Gagne, 19 Mass. App. Ct. 545 (Mass. Ct. App. 1985).

Opinion

Fine, J.

We are presented in this appeal with the question whether a judge of the Superior Court properly declared, over the objection of the defendant, Albert Gagne, that he is no longer a sexually dangerous person.

On June 2, 1980, on a plea of guilty, Gagne was convicted of two counts of forcible rape of a child, two counts of unnatural acts on a child under sixteen years of age, and indecent assault and battery on a child under fourteen years of age. The offenses involved several separate incidents with an eleven year old boy. The trial judge, on the recommendation of the district attorney, pursuant to G. L. c. 123A, § 4, committed Gagne for a sixty-day observation period to the treatment center for [546]*546sexually dangerous persons at Bridgewater State Hospital (treatment center). On December 19, 1980, the same judge held a hearing on the recommendations of the two examining psychiatrists, consultants at the treatment center, that Gagne be committed as a sexually dangerous person. The evidence at the 1980 commitment hearing consisted of psychiatric testimony and documentation of Gagne’s extensive psychiatric and criminal history. Gagne had been convicted of numerous offenses over a period of more than twenty years, including a conviction of unnatural acts in 1963.2 He had spent most of his adult life in confinement, having had numerous commitments to Bridgewater State Hospital and to various penal institutions. The judge found Gagne to be a sexually dangerous person and ordered, pursuant to G. L. c. 123A, § 5, that he be committed to the treatment center for a period of one day to life. He also imposed concurrent sentences on Gagne of twenty to thirty, and three to five, years at M.C.I., Walpole.

The present action was brought against Gagne on June 16, 1983, by the Commissioners of Mental Health and Correction. The district attorney who had prosecuted Gagne and had initiated the commitment to the treatment center was not a party. The plaintiffs alleged that, since Gagne’s confinement at the treatment center, he had been threatening, assaultive, and generally dangerous and unmanageable, that he was unable to profit from treatment, and that, because the danger Gagne posed did not originate in predominantly sexual problems or express itself in predominantly sexual modes, Gagne was not then a sexually dangerous person. Accordingly, the plaintiffs sought a declaration that Gagne was not a sexually dangerous person and an order that he be returned to the exclusive custody of the Department of Correction. The case was heard by a Superior Court judge other than the judge who had presided over the criminal prosecution and the 1980 G. L. c. 123A commitment hearing. In addition to the documentary evidence [547]*547which had been admitted at the 1980 hearing and a record of the proceedings at that hearing, there was testimony from Gagne, from Theoharis Seghom, an administrator of the treatment center who is a clinical psychologist, and from four psychiatrists. The judge ruled that the plaintiffs’ action was properly brought as one for declaratory judgment, that the plaintiffs had the burden of proving by a preponderance of the evidence that Gagne was not a sexually dangerous person, and that the burden had been satisfied. We reverse the judge’s decision because the plaintiffs lacked standing to obtain declaratory relief with respect to Gagne’s sexually dangerous person status. Thus, we need not decide whether the evidence before the judge was sufficient to establish that Gagne was no longer a sexually dangerous person.

The plaintiffs maintain that an actual controversy exists within the meaning of G. L. c. 231A, § 1, as to whether Gagne currently is a sexually dangerous person and that they have standing to raise the issue in an action for declaratory judgment. They are correct as to the existence of an actual controversy. However, the issue of the plaintiffs’ standing is a difficult one, requiring some analysis of the statutory scheme, the legislative purpose and the alleged injury. “A party has standing when it can allege an injury within the area of concern of the statute or regulatory scheme under which the injurious action has occurred.” Penal Insts. Commr. v. Commissioner of Correction, 382 Mass. 527, 532 (1981), quoting from Massachusetts Assn. of Independent Ins. Agents & Brokers, Inc. v. Commissioner of Ins., 373 Mass. 290, 293 (1977). See Group Ins. Commn. v. Labor Relations Commn., 381 Mass. 199, 204-207 (1980); Holden v. Division of Water Pollution Control, 6 Mass. App. Ct. 423, 428 (1978).

“General Laws c. 123A is a comprehensive legislative program designed to identify and treat sexually dangerous persons.” Commonwealth v. Knowlton, 378 Mass. 479, 483 (1979). The Legislature set forth in G. L. c. 123A a detailed scheme for initially determining and periodically reviewing sexually dangerous person status, with specific roles to be played by particular officials. Yet, there is no provision in that statutory [548]*548scheme for either of these plaintiffs, representing essentially the administrative concerns of the treatment center,3 to raise the issue of the sexually dangerous person status of one in Gagne’s situation.

Sections 4 and 6 provide for involuntary commitment4 to the treatment center.5 Release of involuntarily-committed sexually dangerous persons is dealt with in § 9. Two agencies have decision making powers: the parole board and the Superior Court. The parole board is required to consider periodically the release on parole of any person who is otherwise eligi[549]*549ble for parole. In addition, any committed person may file a petition at least once every year for his release and be heard on that petition in the Superior Court. A copy of the petition seeking release must be sent to the district attorney of the district in which the original proceedings were commenced and to the parole board. The hearing is held in the Superior Court in the district in which the person was committed. The court receives recommendations from the Department of Mental Health and from the parole board. The hearing is conducted consistent with the requirements of § 5, and the petition must be allowed unless the court is convinced beyond a reasonable doubt that the individual continues to be a sexually dangerous person. Cline, petitioner, 16 Mass. App. Ct. 958 (1983).

There is no provision in G. L. c. 123A for the Commissioner of Mental Health or the Commissioner of Correction, acting on behalf of the treatment center or otherwise, to obtain the release of a committed individual while he is serving a criminal sentence and so long as he remains ineligible for parole. The plaintiffs argue that this procedural gap may be filled in an appropriate situation by permitting the plaintiff officials in a declaratory judgment action in the Superior Court to seek the release of an inmate to the correctional institution to which he was sentenced. The plaintiffs argue that, in the absence of such a remedy, the continued confinement of persons who are not sexually dangerous results in a waste of the valuable and limited resources of the treatment center.

This argument has some appeal. We recognize, however, that it is beyond our province to rewrite the statute. See Andrews, petitioner, 368 Mass. 468, 485 (1975). Cf. Rogers v. Metropolitan Dist. Commn., 18 Mass. App. Ct. 337, 339 (1984), and cases cited.

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19 Mass. App. Ct. 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-mental-health-v-gagne-massappct-1985.