Facts: Gangi, who
was serving a sentence for indecent assault and battery on a person over the
age of fourteen, was scheduled to be released on September 10, 2010. Multiple
delays ensued, including continuances requested by Gangi's counsel. Probable
cause was not found until January 7, 2011; at a hearing on that day, a Superior
Court judge accepted Gangi's stipulation to the existence of probable cause.
Procedural History: The
Commonwealth filed a petition in the Superior Court for the temporary
commitment of
Gangi as a sexually dangerous
person. After the probable cause
hearing, no petition for trial was filed within 60 days. Gangi moved to dismiss
the Commonwealth's petition for his civil commitment as a sexually dangerous person.
A Superior Court judge denied Gangi's motion to dismiss. Gangi appealed.
Issue: Whether or not the clerk’s errors in failing to docket the finding of
probable cause on time constitute “extraordinary circumstances” excusing
defendant’s commitment beyond the sixty day limit.
Holding: The Supreme
Judicial Court held that clerk's error in failing contemporaneously to docket
the finding of probable cause did not constitute “extraordinary circumstances”
excusing defendant's commitment beyond the maximum sixty day period permitted
for the temporary commitment of a sex offender for the purpose of examination
and diagnosis.
Rulings of Law: The
sixty-day deadline is “mandatory to protect a defendant's
liberty interest, and any delay by the Commonwealth that results in a
confinement exceeding sixty days is a violation of the
statute.” Such delays may be excused only where there exist “extraordinary
circumstances that would justify a very brief delay. Here, the clerk's error in failing
contemporaneously to docket the finding of probable cause does not fall within
the category of “extraordinary circumstances.” Absent “extraordinary
circumstances,” any violation of the sixty-day statutory deadline, however
brief, requires dismissal.
Disposition: The judgment denying relief is vacated, and a judgment entered in the
county court granting Gangi's petition for relief. (EC)
