Massachusetts High Court Upholds Civil Commitment of Sex Offender against Substantive Due Process Challenge, But Declares Portion of Sex Offender Assessment Tests Now Inadmissible

SUMMARY: The Massachusetts Supreme Judicial Court (SJC) upheld the civil commitment of a defendant as a Sexually Dangerous Person (SDP) as a result of his diagnosis as having Antisocial Personality Disorder (ASPD). The SJC rejected defendant’s Substantive Due Process claims that ASPD was insufficient to commit him as an SDP, clarifying that ASPD is sufficient proof for sexual dangerousness if there is a nexus between the disorder and the factors