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COMMONWEALTH v. KNAPP

441 Mass. 157 (2004)

COMMONWEALTH v. WILLIAM KNAPP.

Supreme Judicial Court of Massachusetts, Suffolk.

March 10, 2004.

Attorney(s) appearing for the Case

Tracey A. Cusick, Assistant District Attorney (Lisa B. Beatty, Assistant District Attorney, with her) for the Commonwealth.

Robert E. Fox for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

CORDY, J.

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 probationary 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...

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