Department of Correction
Report of the Massachusetts Treatment
Center for Sexually Dangerous Persons
Calendar Year 2023
Executive Office of Public Safety and Security
November 2023
Maura T. Healey, Governor
Terrence M. Reidy, Secretary of Public Safety and Security
Carol A. Mici, Department of Correction Commissioner
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By: Carol A. Mici, Commissioner
Department of Correction
50 Maple Street, Suite 3
Milford, MA 01757-3698
(508) 422-3300
Victor Correia, Superintendent
Massachusetts Treatment Center
30 Administration Road
Bridgewater, MA 02324
(508) 279-8111
Submitted November 1, 2023
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I. INTRODUCTION
The Massachusetts Department of Correction (Department or DOC) submits this
annual report pursuant to M.G.L. c. 123A, § 16, which requires that the Department
annually prepare a report that describes the treatment offered to persons civilly
committed as sexually dangerous persons (SDPs).
Specifically, Section 12 of AN ACT IMPROVING THE SEX OFFENDER
REGISTRY AND ESTABLISHING CIVIL COMMITMENT AND COMMUNITY PAROLE
FOR LIFE FOR SEX OFFENDERS, enacted as an emergency law on September 10,
1999, and as appearing in M.G.L. c. 123A, § 16, provides:
The department of correction… shall annually prepare reports describing
the treatment offered to each person who has been committed to the
treatment center… as a sexually dangerous person and, without
disclosing the identity of such persons, describe the treatment provided.
The annual reports shall be submitted, on or before January 1, 2000, and
every November 1 thereafter, to the clerk of the house of representatives
and the clerk of the senate, who shall forward the same to the house and
senate committees on ways and means and to the joint committee on
criminal justice.
In addition, M.G.L. c. 123A, § 16 further provides:
The treatment center shall submit on or before December 12, 1999, its
plan for the administration and management of the treatment center to the
clerk of the house of representatives and the clerk of the senate, who shall
forward the same to the house and senate committees on ways and
means and to the joint committee on criminal justice. The treatment
center shall promptly notify said committees of any modifications to said
plan.
On December 10, 1999, the Department filed its Plan for the Administration and
Management of the Massachusetts Treatment Center for Sexually Dangerous Persons
(the 1999 Plan), which described in detail the treatment offered to the civilly committed
sexually dangerous persons confined at the Massachusetts Treatment Center for
Sexually Dangerous Persons (Treatment Center or MTC), as well as the Department's
plan for operating the Treatment Center. Subsequently, the Department has filed
Annual Reports updating the 1999 Plan and reporting relevant developments.
Accordingly, this report includes (a) the accomplishments of the Treatment
Center in the year 2023; (b) modifications to the 1999 Plan; (c) the manner in which the
Treatment Center satisfied its obligations under M.G.L. c. 123A during the year 2023;
and (d) the treatment and rehabilitative services delivered to the civilly committed SDPs
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confined to the Treatment Center over the past year.1
As reported in prior annual reports, Treatment Center and Department staff have
continued to work cooperatively with other agencies including the Department of Mental
Health, the Department of Developmental Services, and the Probation Department to
facilitate re-entry planning and appropriate placements for releasing incarcerated
individuals and civilly committed individuals.
II. THE TREATMENT CENTER’S CIVILLY COMMITTED POPULATION
As of October 6, 2023, 100 individuals were civilly committed as SDPs to the
Department’s custody. The data that follows in this section is as of October 6, 2023.
Of these 100 SDPs, fifteen individuals remain committed under the pre-1990
version of M.G.L. c. 123A. In addition, eighty-five SDPs committed under the 1999
amendments to M.G.L. c. 123A remain civilly committed.
Six SDPs have been transferred to other DOC facilities pursuant to the
provisions of M.G.L. c. 123A, § 2A.2 Three SDPs are receiving care at other facilities.
Sixteen individuals were temporarily committed to the Treatment Center pending
resolution of civil commitment proceedings. One of these individuals is undergoing
1 The Treatment Center has traditionally referred to its civilly committed population as
“residents.” Persons who are serving state prison sentences, who are not civilly committed, are
referred to as “incarcerated individuals.” Incarcerated individuals may voluntarily participate in
the Department’s sex offender treatment program. Sex offender treatment is available at the
Treatment Center, North Central Correctional Institution at Gardner (NCCI-Gardner), Old Colony
Correctional Center (OCCC), and MCI-Framingham (female offenders). Placement is
determined by a combination of clinical appropriateness, as well as safety and security
concerns.
2
Massachusetts General Laws c. 123A, § 2A provides, in pertinent part, that an individual
who has been “committed as sexually dangerous and who has also been sentenced for a
criminal offense and said sentence has not expired may be transferred from the treatment
center to another correctional institution designated by the commissioner of correction. In
determining whether a transfer to a correctional institution is appropriate the commissioner of
correction may consider the following factors: (1) the person’s unamenability to treatment; (2)
the person’s unwillingness or failure to follow treatment recommendations; (3) the person’s lack
of progress in treatment at the center or branch thereof; (4) the danger posed by the person to
other residents or staff at the Treatment Center or branch thereof; [and] (5) the degree of
security necessary to protect the public.” As required by M.G.L. c. 123A, § 2A, the Department
has promulgated regulations establishing a transfer board and procedures governing the
transfer process. See 103 CMR 460, Transfer Procedures for the Massachusetts Treatment
Center. The statute also requires that individuals transferred pursuant to this statutory provision
be offered a program of voluntary treatment services, be evaluated annually, and a report be
prepared which shall be admissible in any hearing conducted pursuant to M.G.L. c. 123A, § 9.
A transfer does not vacate the SDP commitment. The statute mandates that the individual be
returned to the Treatment Center upon completion of the criminal sentence.
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evaluation at Bridgewater State Hospital in accordance with a court order issued
pursuant to M.G.L. c. 123, § 18(a).
No juvenile was committed to the Treatment Center during the year 2023
pursuant to M.G.L. c. 123A, § 14(d). No person deemed incompetent to stand trial in
the underlying criminal case was civilly committed to the Treatment Center during the
year. M.G.L. c. 123A, § 15.
III. THE DEPARTMENT'S OBLIGATIONS UNDER M.G.L. c. 123A
A. Initial Commitment Proceedings Pursuant to M.G.L. c. 123A, §§ 12(e),
13(a) and 14(d)
As described in detail in the 1999 Plan, the Department and the Treatment
Center remain committed to the successful implementation of M.G.L. c. 123A. The
Department has established an effective and timely process to notify the Attorney
General’s Office and the various District Attorneys' offices of the impending release of
incarcerated individuals subject to potential commitment as sexually dangerous
persons. Pursuant to M.G.L. c. 123A, § 12(a), the Department reviews the records of all
incarcerated individuals in its custody and identifies those convicted of the sexual
offenses listed in M.G.L. c. 123A, § 1. The Department then provides the Attorney
General’s Office and the District Attorneys' offices with written notice of the incarcerated
individual's discharge date and other documentation so that the District Attorneys can
decide whether to file a petition for civil commitment pursuant to M.G.L. c. 123A, §
12(a).
Pursuant to M.G.L. c. 123A, §§ 12 and 13, the Department provides the District
Attorneys' offices with all records, files, and information that it can lawfully provide.
When the Superior Court orders that an incarcerated individual be temporarily
committed to the Treatment Center pending a probable cause determination pursuant to
M.G.L. c. 123A, § 12(e), or orders that the incarcerated individual be committed to the
facility for a 60-day observation period pursuant to M.G.L. c. 123A, § 13(a), the
temporarily committed individual is oriented to the operation of the facility and educated
as to its rules and regulations. The Treatment Center administration remains committed
to responding in a proactive and efficient manner to developments arising during the
implementation of M.G.L. c. 123A. Temporarily committed individuals have been and
continue to be effectively managed in accordance with the 1999 Plan and subsequent
Annual Reports. These individuals receive access to facility programs, services, and
treatment, as well as visitation with family members and legal representatives. As
discussed below, changes were made due to the novel coronavirus (COVID-19)
pandemic. The administration and staff of the Treatment Center continue to strive
toward the appropriate management and treatment of those persons identified as
possibly sexually dangerous as well as those committed under M.G.L. c. 123A.
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B. Forensic Evaluations for SDP Proceedings
Chapter 123A requires that two qualified examiners (QEs) evaluate the sex
offender in connection with the initial commitment petition pursuant to M.G.L. c. 123A, §
13(a), described above, and any petition for discharge pursuant to M.G.L. c. 123A, § 9,
described below. When a court orders that QEs conduct evaluations, the Department,
through a contract with a vendor, coordinates the evaluations of persons for the initial
commitment proceedings and the discharge proceedings.
The Community Access Board (CAB) is a five-member board that includes three
Department employees and two consulting members. See M.G.L. c. 123A, §§ 1, 6A.
Pursuant to M.G.L. c. 123A, § 6A, the CAB is required, on an annual basis, to evaluate
those persons who have been adjudicated as sexually dangerous and committed to the
Treatment Center. The CAB sometimes evaluates an SDP more than once annually if
the SDP has filed a petition for discharge pursuant to M.G.L. c. 123A, § 9 and an
updated report is needed.
C. Discharge Proceedings – M.G.L. c. 123A, § 9 Petitions
The Department’s Legal Division continued to represent the Commonwealth in
M.G.L. c. 123A, § 9 proceedings during 2023.3 Between January 1, 2023 and October
6, 2023, the Treatment Center Legal Office received fourteen new M.G.L. c. 123A, § 9
petitions for discharge.
The Unified Session at Suffolk Superior Court continues to manage the M.G.L. c.
123A, § 9 discharge petitions through trial.
Between January 1, 2023 and October 6, 2023, eleven jury trials were held. In
eight of these cases, the jury returned a verdict that the petitioner remained sexually
dangerous. In two of these cases, the jury returned a verdict that the petitioner was no
longer a sexually dangerous person. One case ended in a mistrial when the petitioner
became ill during the trial. Four Section 9 petitions are scheduled to commence
between mid-October and December 2023.
The Court postponed the trials of six petitions which were not resolved as of
October 6, 2023. As of October 6, 2023, three petitioners withdrew their petitions for
discharge; the Court dismissed three other petitions.
As of October 6, 2023, in nineteen other instances, the Commonwealth could not
proceed to trial under the Supreme Judicial Court’s decision in Johnstone, petitioner,
3 In addition to representing the Commonwealth in M.G.L. c. 123A, § 9 cases, the
Treatment Center Legal Office provides in-house legal advice to the Department and the
Treatment Center administration. The Treatment Center Legal Office also represents Treatment
Center and other DOC employees and other government officials in civil rights litigation brought
by SDPs, temporarily committed individuals, and incarcerated individuals in the state and
federal courts.
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453 Mass. 544 (2009). In Johnstone, the Court concluded that, in order to proceed to
trial, the Commonwealth must have the opinion of at least one of the two qualified
examiners that the petitioner is a sexually dangerous person. Johnstone, 453 Mass. at
553. This ruling applies to both initial commitment petitions managed by the District
Attorneys’ offices and Section 9 trials managed by Department attorneys based at the
Treatment Center. Id. In these cases, the judge entered an order allowing the petition
for discharge.
IV. OPERATIONAL CHANGES IN RESPONSE TO THE COVID-19 PANDEMIC
On March 10, 2020, then Governor Baker declared a State of Emergency due to
the COVID-19 pandemic. The State of Emergency concluded on June 15, 2021.
The Department’s responses to the COVID-19 pandemic have been extensively
detailed in numerous publicly available documents. Although the federal and state
governments declared the pandemic to be over as of May 11, 2023, the Department
continues to receive guidance from the Office of the Ombudsman concerning COVID
management.
As a result of the end of the pandemic, facility operations have expanded in several
areas:
• Staff, residents, and incarcerated individuals continue to be offered the
opportunity to be vaccinated. Residents and incarcerated individuals may request
to receive a vaccine or a booster by submitting sick slips or by making an in-
person request to medical staff.
• Activities and programming resumed normal, pre-pandemic, operations.
• The dining hall reopened for meal periods for residents and incarcerated
individuals.
• Residents and incarcerated individuals are offered two in-person visitation
sessions weekly with friends and family. Visitors are no longer required to submit
to COVID testing prior to visits. Visitors are no longer required to schedule their
visits in advance. Visits are no longer limited to one hour.
• In addition to in-person visits, residents and incarcerated individuals are offered
the opportunity to participate in video visits with friends and family up to three
times per week by appointment.
• In-person attorney visits are available. In-person visits by outside medical and
mental health professionals are available by appointment. There is no limit on the
number of in-person attorney or outside medical and mental health professional
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visits that a resident or incarcerated individual may have per week. In addition,
the DOC has continued to make videoconference visits available by appointment
to attorneys and outside medical and mental health professionals.
• The education program, Spectrum program, Culinary Arts program, and
volunteer programs are in operation.
• The institutional library is open five days per week.
• Residents have daily access to the yard, weather permitting. Sessions in the
indoor gym are scheduled for each population (residents and incarcerated
individuals).
• Chaplain services are available. Three chaplains conduct services/education at
least twice per week.
• Consistent with guidelines issued by the Centers for Disease Control and
Department of Public Health, the MTC had previously designated the C-1 Unit as
the medical isolation unit and the C-2 unit as the medical quarantine unit.
Currently, the B-1 unit is designated at the medical isolation unit and the B-2 unit
is designated as the medical quarantine unit. Persons housed on these units are
kept separate and apart from the general population and are offered daily time
out of cell during which they may use the phone, clean their cell, shower, and use
the yard.
• All resident work assignments and industries are running, including the barber
shop.
V. Sex Offender Treatment
A. Overview
Among other components, the Department’s contract with Wellpath for clinical
services includes sex offender treatment for SDPs, individuals temporarily committed to
the Department’s custody who are awaiting SDP commitment proceedings, and
incarcerated individuals. Wellpath previously subcontracted with another entity,
Counseling and Psychotherapy Center (CPC), for the provision of sex offender
treatment to incarcerated individuals. In the summer of 2021, Wellpath assumed
responsibility for all sex offender treatment services for persons committed to the
Department’s custody.4
4 Effective July 1, 2018, the QE and consulting CAB member services are part of the
Department’s contract for comprehensive health services to the Massachusetts prison
population. Wellpath subcontracted with CPC for the provision of the QE and consulting CAB
member services until July 23, 2021. From July 24, 2021 until June 30, 2023, Wellpath
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Wellpath has continued to incorporate aspects of the Good Lives Model and the
risk-need-responsivity model with a focus on relapse prevention. Sex offender treatment
is delivered via a therapeutic community model. As a result, housing assignments are
based on level of treatment involvement in addition to security and other
considerations. Among other things, sex offender treatment available to SDPs includes
assessment c