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____________________
No. 94-1607
DENNIS J. QUINTAL,
Plaintiff, Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES,
Defendant, Appellee.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Edward F. Harrington U.S. District Judge]
___________________
____________________
Before
Cyr, Circuit Judge,
_____________
Bownes, Senior Circuit Judge, and
____________________
Stahl, Circuit Judge.
_____________
____________________
____________________
Per Curiam.
__________
He has
been both
civilly
sentenced to
committed
Massachusetts
period
as a
12 to
sexually
Treatment Center
of one
day to
15
of
life.
upheld
the
claimant's
ALJ's
complaint for
the
An ALJ
we
judicial review
characterized
as
opportunity to
whether
the
Appeals
Claimant
then
to be
Council
filed
court, which
1915(d) as frivolous.
complaint
has
was
correctly
since
were
for a
402(x)(1)
The
claimant
had
an
he may have
benefits
the
in the district
frivolous,
person to
found claimant
confinement.
determination.
question
and
under 42 U.S.C.
While
that
dangerous
term
at M.C.I. Bridgewater
year prison
properly
In
these
district
court's
judgment,
but
for
different
-2-
I
We start with the words of the relevant statute, 42
U.S.C.
402(x)(1)1:
(x) Limitation on payments to prisoners
(1) Notwithstanding any other provision
of this subchapter, no monthly benefits
shall be paid under this section or under
section
423 of
this title
to any
individual for any month during which
such individual is confined in a jail,
prison, or other penal institution or
correctional facility, pursuant to his
conviction
of
an
offense
which
constituted a felony under applicable
law, unless such individual is actively
and satisfactorily participating in a
rehabilitation program which has been
specifically approved for such individual
by a court of law and, as determined by
the Secretary, is expected to result in
such individual being able to engage in
substantial gainful activity upon release
and within a reasonable time.
Claimant's
that (1)
he is
prisoner
in a "jail,
correctional
arguments, as
a patient in
we understand
a medical facility--and
prison, or other
facility" within
them, are
not a
penal institution or
the meaning of
402(x)(1)--
department
of
corrections;
mental
(2)
"participating
he
in a
health,
not
qualifies
for
the
department
benefits
rehabilitation program"
of
under
the
provision; and
II
A. Confinement in a jail, prison, or
institution or correctional facility.
Claimant was convicted in 1986
and/or
indecent
assault and
of rape of a
battery on
child.
child
He was
Mass. G.
L. ch. 123A,
1 (1985), and
civilly committed to
other penal
ch. 123A,
is no longer
sexually dangerous,
Mass. G. L.
life,
Mass.
remain until he
ch. 123A,
the
center is "the
sexually
dangerous
person."
Commissioner
of
_________________
his criminal
sentence.
Discharge from
of the 12
Mass. G.
L. ch. 123A,
to 15
claimant serves
5, (1985).
to the expiration
will not
terminate
is under the
mental health,
jurisdiction of
123A,
____________________
2. Sections 3, 4, 5, 6, and 7 of ch. 123A have been repealed
prospectively, Mass. Acts of 1990, ch. 150,
304, 104, but
the repeal does not affect claimant in any way material to
the present opinion.
-4-
(1985),
Id.
__
Custodial
mental
to
health
with
rehabilitation of
respect
the
care,
the administrative,
treatment
and
that
consequently
suspension of his
that he is
402(x)(1)
does
not
control of
Id.
__
and
allow
the
he remains
conclusion.
Under
while
but
while
he
is
"confined"
in
In the
any
"other
penal
think it
institution, which,
(1985) (treatment
And
his confinement is in an
"correctional" facility.
See
___
Mass.
is considered to
G. L. ch.
123A,
be a
2
"at a correctional
-5-
institution
approved
by the
commissioner
of correction");
(concluding
that
defendant
who
had
civilly committed to
been
both
the treatment
center
of the
commonwealth" for
attacks by
guards
"prisoners" in
purposes of a
statute proscribing
any "correctional
facility" upon
claim that he
was no more
as a
correctional
legislative history,
as a prisoner
facility is
consistent with
the
Rep.
No.
96-987,
96th
Cong.,
2d
Sess.
(1980),
Claimant, who,
regular
prison,
similarly
is
not
dependent
upon
-6-
to
criminal sentence
language
therefore
of
402(x)(1) so
in the
the statute
must be upheld.
convicted felon
long as he
was serving
its
with the
legislative history
Davel v. Sullivan,
_________________
his
and
serving two
concurrent commitments--one
B.
Under
402(x)(1),
an
incarcerated
felon
may
contends
rehabilitation programs
state court
approved
he
at the
is
engaging
in
various
for him
when
it decided
to
the
civilly
commit him to the treatment center rather than have him serve
his
sentence
in
regular
prison.
See
___
Thibodeau
v.
______________
Commonwealth, 366 Mass. 452, 454, 319 N.E.2d 712, 714 (1974),
____________
Mass.
G.L.
ch.
123A,
(1985)
(sentencing judge
has
-7-
The
not before
commitment.
the
court
or
Consequently,
approved
by
the
court
at
not been
need
participating
in
not
decide
whether
rehabilitation
program
an independent,
concluded
claimant
employment
that the
being
able
"within
"specifically
unassailable reason.
engage
a reasonable
in
is
claimant
to result in
substantial
time,"
as
The ALJ
gainful
required by
402(x)(1):
At present, the claimant is no more than
in the early stages of his rehabilitation
program.
His
commitment to
[the
treatment center], if he fails to meet
the standards for
dropping his
SDP
status, could conceivably extend for the
remainder of his natural life -- possibly
for another 40 years or more. Given the
slow
progress
described
by
the
[Restrictive Integration Review Board] in
its periodic findings, it
is highly
unlikely that he will be released prior
to the expiration of his sentence more
than
7
years
hence.
Under any
circumstance,
it is
unreasonable to
conclude that "release and a regained
___
ability for substantial gainful activity
will be achieved within a reasonable
time.
-8-
Based on
materials provided
challenged the
ALJ's summary
we conclude
of
review of
that the
ALJ's
and
substantial gainful
amply supported.
argument to
payment
likely
to be
employment within
Indeed,
the
of
not
Claimant
under
the
to
engage
a reasonable
contrary.
benefits
able
in
time is
articulated any
was not
entitled
participation
in
to
a
Equal Protection
Claimant
both
criminally
treatment center
deny
claimant
asserts that
convicted
and
some people
civilly
while
who
have been
committed
to
the
others do not.
To
others in
the
exact
same
identified any
inhabitant of
center who
may be that
their criminal
the substance of
the treatment
He has
some have
received
but if
protection violation.
Once a
is no
criminal sentence
is
-9-
is no
longer "confined
pursuant to
his
have
considered all
of
claimant's arguments.
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