Massachusetts Supreme Judicial Court

Commonwealth v. A.Z.

January 25, 2024

Summary

The Massachusetts Supreme Judicial Court held that the defendant's appeal was not moot, that G.L. c. 123 §15(b) does not require a finding of serious‑harm risk, and that due‑process requires a judge to make a clear‑and‑convincing finding that hospitalization is the least restrictive means before involuntarily committing a pre‑trial defendant for competency evaluation. Accordingly, the commitment order was vacated and the case remanded.