reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.15 - Subpoenas

Current through Register 1525, July 5, 2024
(1) Any party to
			 the classification hearing shall have the right to subpoena witnesses and
			 documents in accordance with M.G.L. c. 30A, § 12.
(2)
Petition to Modify or Vacate
			 Subpoena
. Pursuant to M.G.L. c. 30A, § 12(3) and (4), a
			 subpoena may be modified or vacated by the presiding Hearing Examiner at the
			 request of the subpoenaed witness. If a witness petitions the Board to modify
			 or vacate a subpoena, the presiding Hearing Examiner shall promptly notify the
			 parties.
In acting upon such a request, the presiding Hearing Examiner
				may grant a petition, in whole or in part, after considering whether:
(a) the testimony or evidence sought is
			 relevant or reasonably related to the classification hearing;
(b) the subpoena adequately describes the
			 evidence required;
(c) compliance
			 with the subpoena poses an unreasonable burden on the witness; or
(d) the testimony or documents requested fall
			 within a constitutional or statutory privilege.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.16 - Motions

Current through Register 1525, July 5, 2024
(1)
General Provisions
. All motions, unless made during the classification hearing, shall be in writing. All motions and rulings will be included in the administrative record of the hearing. The Hearing Examiner shall have the discretion to rule on any motion at the time it is made or to reserve ruling until a later time, including as part of the final decision issued pursuant to 803 CMR 1.20.
Motions to reschedule hearings are addressed exclusively in 803 CMR 1.11.
(2)
Written Motions
.
(a)
Grounds and Affidavit
. All written motions shall state the specific grounds for the motion and shall set forth the action or order that is sought. Affidavits and other documents in support of the motion must be attached to the motion upon filing.
(b)
Oral Argument
. The Hearing Examiner may hear oral argument on motions at the hearing.
(c)
Timely Filing
. Parties shall file all written motions no later than ten calendar days prior to the scheduled hearing date.
(d)
Service and Notice
. A copy of any motion, including all supporting affidavits and documents, must be served on the other party at the same time the originals are filed with the Board's Hearings Unit.
(e)
Opposition to Motion
. Oppositions to any motion may be submitted in writing or argued orally at the hearing.
(f)
Record
. All written motions and rulings will be included in the administrative record of the hearing.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.17 - Discovery Obligations and Witness Disclosures

Current through Register 1525, July 5, 2024
(1)
Board's Discovery
			 Obligations
.
(a) At the same
			 time the Board notifies the sex offender of the arrangements for his or her
			 classification hearing pursuant to
			 803 CMR
			 1.10, the Board shall also provide him or her
			 with a copy of his or her classification file.
(b) No later than ten calendar days before
			 the scheduled hearing, the Board shall send to the sex offender, or his or her
			 authorized representative, a copy of any additional documents the Board intends
			 to introduce into evidence at the classification hearing.
(c) A Board employee shall redact data from
			 Board's discovery documents that are deemed to be privileged, confidential,
			 investigatory, intelligence information, or information that identifies a
			 victim. Such redacted data shall not: be introduced into evidence; be
			 communicated to the Hearing Examiner; or become part of the record.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.18 - Evidence

Current through Register 1525, July 5, 2024
(1)
General
. Pursuant to M.G.L. c. 30A, § 11(2), the
			 rules of evidence observed by courts shall not apply to classification
			 hearings, but the rules of privilege recognized by law shall be observed.
			 Evidence may be admitted and given probative effect only if it is the kind of
			 evidence on which reasonable persons are accustomed to rely on in the conduct
			 of serious affairs. The Hearing Examiner may exclude irrelevant, unreliable,
			 and repetitive evidence.
(2)
Presentation at Hearing
. Evidence will not be
			 considered unless it is presented at the hearing or accepted by the Hearing
			 Examiner in conjunction with a motion to reopen the record under
			 803 CMR
			 1.16(5). The Hearing
			 Examiner may, upon request of a party for good cause shown, hold the record
			 open to receive additional evidence for a specified period of time after the
			 hearing. When additional evidence is admitted post-hearing, the other party
			 must be granted a specific period of time to review the evidence and submit a
			 written response.
(3)
Oral Testimony
. Each witness shall testify under oath
			 or affirmation. Each witness shall be available for direct examination and
			 cross-examination.
(4)
Stipulations
. The parties may, by written stipulation
			 filed with the Hearing Examiner at any stage of the proceeding or by oral
			 stipulation made at the hearing, agree as to the truth of any fact pertinent to
			 the proceedings.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.19 - Duties and Powers of the Hearing Examiner

Current through Register 1525, July 5, 2024
(1)
			 The duties of a presiding Hearing Examiner shall include, but are not limited
			 to, the following:
(a) to maintain a list of
			 the names and addresses of all individuals who are in attendance at the
			 hearing;
(b) to administer the oath
			 or affirmation to each witness prior to his or her testimony;
(c) to assist all witnesses in making a full
			 and free statement of the facts in order to bring out all the information
			 necessary to decide the issues involved;
(d) to ensure orderly presentation of the
			 evidence;
(e) to ensure that all
			 parties have a full opportunity to present their claims at the scheduled
			 hearing;
(f) to receive, rule on,
			 exclude, or limit evidence;
(g) to
			 receive and rule on all motions; and
(h) to assess the reliability of the exhibits
			 introduced into evidence and credibility of witnesses; draw all reasonable
			 inferences therefrom; and render a fair, independent and impartial decision
			 based on the issues and evidence presented and in accordance with the
			 law.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.20 - Hearing Examiner's Final Decision

Current through Register 1525, July 5, 2024
(1)
Written Decision
. Pursuant to M.G.L. c. 30A, § 11(7) and (8), after the classification hearing the Hearing Examiner shall issue a final written decision containing the following:
(a) statement of the issues involved in the hearing;
(b) summary and analysis of the evidence, including credibility and reliability determinations, as needed;
(c) specific findings of fact on all relevant disputed factual matters;
(d) rulings of law on all relevant disputed legal issues;
(e) conclusions drawn from the findings of fact and rulings of law which form the basis of the final registration determination and classification level; and
(f) final registration determination and classification level.
For purposes of judicial review, pursuant to M.G.L. c. 30A and M.G.L. c. 6, § 178M, the Hearing Examiner's final written decision shall be considered the final agency action.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.21 - Hearing Examiner's Decision as the Final Sex Offender Registry Board Decision

Current through Register 1525, July 5, 2024
(1) The Hearing
			 Examiner's decision shall be the final Sex Offender Registry Board decision,
			 except as expressly provided in
			 803 CMR 1.16(6) and
			 (7) and 1.21.
(2) Judicial review, pursuant to M.G.L. c.
			 30A, § 14, is not available to the Board to correct errors in a Hearing
			 Examiner's decision. Pursuant to 803 CMR 1.21, the Board shall be authorized to
			 review a Hearing Examiner's final decision or any finding or ruling within the
			 final decision on its own initiative or upon request by the Board's General
			 Counsel, when any of the following grounds are presented:
(a) the decision is based upon an error of
			 law;
(b) the decision is not in
			 conformity with procedural due process standards;
(c) the decision is unsupported by
			 substantial evidence;
(d) the
			 decision is the result of arbitrary or capricious conduct;
(e) the decision is the result of an abuse of
			 discretion; or
(f) the decision is
			 not in conformity with the law.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.22 - Administrative Record

Current through Register 1525, July 5, 2024
(1)
General Principles
. Pursuant to M.G.L. c. 30A, §
			 11(4), all documents, testimony and other evidence offered and accepted into
			 evidence by the Hearing Examiner shall become part of the administrative
			 record. For purposes of judicial review, the record shall include the Hearing
			 Examiner's final decision issued pursuant to
			 803 CMR
			 1.20.
(2)
Excluded
			 Evidence
. Any evidence offered at the hearing, but not accepted by
			 the Hearing Examiner will be marked for identification purposes only and be
			 included in the record.
(3)
Transcript of Hearing
.
(a) All evidence and testimony at the hearing
			 will be recorded electronically, digitally, stenographically, or by any other
			 recording device deemed necessary or appropriate by the Board, in its
			 discretion. The Board shall incur the cost of recording. Pursuant to M.G.L. c.
			 30A, § 11(6), transcripts will be made and supplied to the sex offender or
			 his or her authorized representative, upon written request, at the offender's
			 expense, and in accordance with any procedures the Board may establish. Upon
			 written request, a sex offender who has been determined to be indigent for the
			 classification hearing shall receive a transcript at no cost.
(b) Corrections to the transcript are
			 permitted at the discretion of the Hearing Examiner. The Hearing Examiner may
			 accept corrections by agreement of the parties, or if the parties cannot agree,
			 the Hearing Examiner may accept recommended corrections from each party to
			 determine what corrections, if any, are necessary.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.23 - Notification of the Final Decision

Current through Register 1525, July 5, 2024
(1)
			 Notification of the final decision made pursuant to
			 803 CMR
			 1.20 will be mailed to the sex offender and
			 his or her authorized representative as soon as practicable. The sex offender
			 or his or her authorized representative may request in writing, at the time of
			 his or her administrative hearing, that the final decision made pursuant to
			 803 CMR
			 1.20 be sent to him or her
via
facsimile.
(2)
Relief from Registration
. If the final decision is to
			 relieve the sex offender from his or her obligation to register as set forth in
			 M.G.L. c. 6, § 178K and
			 803 CMR
			 1.20(3), the Board shall
			 promptly remove information pertaining to the offender from the Sex Offender
			 Registry.
(3)
Duty to
			 Register and Final Classification Level
. If the final decision
			 requires the sex offender to register and a final classification level is
			 assigned, pursuant to M.G.L. c. 6, §§ 178K and 178L, the notification
			 shall also inform the sex offender of his or her registration obligations as
			 set forth in M.G.L. c. 6, §§ 178F or 178F½, and
			 178Q.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.24 - Judicial Review

Current through Register 1525, July 5, 2024
(1)
Notification
. The written notifications of the final
			 decision sent pursuant to
			 803 CMR
			 1.23 must inform the sex offender or his or
			 her authorized representative of his or her right to seek judicial review of
			 the final decision, pursuant to M.G.L c. 30A and M.G.L. c. 6, §
			 178M.
(2) Pursuant to M.G.L. c.
			 30A, § 14, the sex offender has the right to pursue judicial review within
			 30 calendar days from the date of receipt of the final Sex Offender Registry
			 Board decision.
(3) Pursuant to
			 M.G.L. c. 6, § 178M and M.G.L. c. 30A, § 14, the filing of a
			 complaint for judicial review will not alter the final classification level or
			 stay the sex offender's registration requirements or the dissemination of
			 registration information.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.25 - Transmission of the Final Decision to Law Enforcement

Current through Register 1525, July 5, 2024
(1)
General
			 Principles
. Pursuant to M.G.L. c. 6, § 178K(2)(a) through
			 (c), the Board shall transmit all final registration and classification
			 information to law enforcement.
(2)
No Duty to Register
. If the Board's final decision is
			 to relieve or terminate a sex offender's duty to register, the Board shall
			 promptly remove the sex offender's information from the sex offender registry
			 and notify:
(a) police departments in
			 municipalities where such sex offender lives and works, or where the sex
			 offender intends to live and work upon release and where the offense was
			 committed;
(b) police departments
			 in municipalities, including campus police departments or other state
			 recognized law enforcement agencies at any school, where the sex offender works
			 and/or attends an Institution of Higher Learning or where the sex offender
			 intends to work and/or attend an Institution of Higher Learning upon release;
			 and
(c) the Federal Bureau of
			 Investigation.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.26 - Registration Requirements and Dissemination of Information

Current through Register 1525, July 5, 2024
(1) A sex offender who has not been finally
			 classified or is finally classified as a Level 1 sex offender shall register
			 annually in accordance with the requirements in M.G.L. c. 6, §§ 178E,
			 178F and 178Q. The general public shall not have access to this sex offender
			 information, pursuant to M.G.L. c. 6, §§ 178D, 1781, 178J and
			 178K(2)(a).
(2) A sex offender who
			 is finally classified as a Level 2 or Level 3 sex offender shall register in
			 accordance with the requirements in M.G.L. c. 6, §§ 178E,
			 178F½ and 178Q. The public shall have access to this sex offender
			 information, pursuant to M.G.L. c. 6, §§ 178D, 1781, 178J and
			 178K(2)(b) and (c).
(3) A Level 3
			 sex offender designated as a sexually violent predator, pursuant to M.G.L. c.
			 6, § 178K(1)(c) shall register in accordance with the requirements in
			 M.G.L. c. 6, §§ 178E, 178F½ and 178Q. The public shall have
			 access to this sex offender information, pursuant to M.G.L. c. 6, §§
			 178D, 1781, 178J and 178K(2)(b) and (c),
(4)
Dissemination of Information
			 to Victims
. Upon the request of a victim who has enrolled with the
			 Board's Victim Services Unit, the Board may inform that victim of the sex
			 offender's final registration and classification determination.
(5)
Updating
			 Information
. Pursuant to M.G.L. c. 6, § 178D, the Board is
			 required to keep the registry up-to-date and accurate. Pursuant to M.G.L. c. 6,
			 §§ 178E, 178F and 178F½, the sex offender is required to
			 verify that his or her registration data is current and accurate. Upon
			 verifying registration data or giving notice of a change of address or intended
			 change of address, the sex offender shall provide independent written
			 verification of the address at which he or she is registered or, if changing
			 address, will be registered. For purposes of 803 CMR 1.26(5), independent
			 written verification shall include:
Any two types of the following five types of unaltered original
				documents bearing the name of the sex offender and his or her present
				address:
(a) rent or mortgage
			 receipt;
(b) utility
			 bill;
(c) bank or credit card
			 statement;
(d) passport, driver's
			 license or official photo identification issued by the Registry of Motor
			 Vehicles; and
(e) any other current
			 written document the Sex Offender Registry Board deems sufficient. With the
			 exception of a passport, driver's license or official photo identification
			 issued by the Registry of Motor Vehicles, all other documentation must be dated
			 within 45 days of presentation to the Sex Offender Registry Board or the police
			 department.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.27 - Sex Offender Internet Database

Current through Register 1525, July 5, 2024
(1) The information contained in the Sex
			 Offender Internet Database, or website, pursuant to M.G.L. c. 6 §§
			 178D and 178K(2), will be created and updated on a regular basis from the Sex
			 Offender Registry, but must be kept physically separate from the Sex Offender
			 Registry.
(2) The information
			 contained in the Sex Offender Internet Database must not include the following
			 information:
(a) pertaining to unclassified
			 or Level 1 sex offenders and any Level 2 sex offender finally classified prior
			 to July 12, 2013;
(b) identifying
			 victims' names, addresses or relation to Level 2 and Level 3 sex offenders;
			 and
(c) relating to requests for
			 registration data under sections M.G.L. c. 6, §§ 1781 and
			 178J.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.28 - Community Notification

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 6, § 178K(2)(c), the police department shall actively notify
			 organizations and individual members of the public in the community that are
			 likely to encounter a finally classified Level 3 sex offender or a sexually
			 violent predator through a community notification plan. The community
			 notification plan shall require notification by the police department to all
			 schools in the community. The chief of the police department may notify day
			 care centers, youth programs, recreational programs, organizations providing
			 elder services, and other organizations as deemed necessary to protect the
			 public safety.
(2) The method of
			 community notification may include, but is not limited to:
(a) publication of the information in local
			 newspapers;
(b) public announcement
via
local cable television; and
(c) posting the information in the local town
			 or city hall, libraries, and similar publicly accessible areas, as determined
			 by the chief of police.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.29 - Motion for Relief from Registration Obligation Prior to Final Classification

Current through Register 1525, July 5, 2024
(1)
General Principles
. Pursuant to M.G.L. c. 6, §
			 178K(2)(d), a sex offender may submit to the Board a written motion seeking
			 relief from a registration obligation. The burden of proof will be on the sex
			 offender to show that he or she does not qualify as a sex offender as defined
			 by M.G.L. c. 6, § 178C or does not pose a risk to reoffend or a danger to
			 the public.
(2)
Filing
. A motion for relief from registration may be
			 in the form of a letter or petition and must be filed with the Board:
(a) prior to or upon submitting the
			 registration form pursuant to
			 803 CMR
			 1.05;
(b) upon submitting documentary evidence
			 pursuant to
			 803 CMR
			 1.06 and
			 1.07;
			 or
(c) at least ten business days
			 before the date of a scheduled classification hearing, pursuant to
			 803 CMR
			 1.10.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.30 - Motion to Terminate Registration Obligation

Current through Register 1525, July 5, 2024
(1)
General
			 Principles
. Pursuant to M.G.L. c. 6, § 178G, a sex offender
			 whose registration and classification determination has become final pursuant
			 to M.G.L. c. 6, § 178L(2) and
			 803 CMR
			 1.08 and
			 1.20,
			 may file a written motion with the Board to terminate his or her obligation to
			 register. The burden of proof will be on the sex offender to show by clear and
			 convincing evidence that he or she has not committed a sex offense within ten
			 years following conviction, adjudication or release from all custody or
			 supervision, whichever last occurs, and that he or she does not pose a risk to
			 reoffend or a danger to the public.
(2)
Filing and Form of the
			 Motion
.
(a) In his or her
			 motion, the sex offender shall include his full name, date of birth, address,
			 sex offender number (SON), name and address of legal representative (if
			 applicable), and name and address of legal guardian (if applicable).
(b) In his or her motion, the sex offender
			 shall include proof, by clear and convincing evidence, that he or she has not
			 committed a sex offense within ten years following the date of conviction,
			 adjudication or release from all custody or supervision, whichever last occurs.
			 In addition, the sex offender shall provide clear and convincing evidence that
			 he or she is not likely to pose a risk to reoffend or a danger to the safety of
			 others.
(c) Any motion for
			 termination filed before a sex offender's registration and classification
			 determination has become final will be treated as motion for relief from
			 registration pursuant to
			 803
			 CMR 1.29.
(d) The Board may summarily deny, without a
			 hearing, an offenders motion for termination if:
1. the offender is incarcerated;
2. the offender has pending criminal
			 charges;
3. the offender's last
			 classification decision is currently under Judicial Review pursuant to M.G.L.
			 c. 30A, § 14 or on appeal, or on review by the Board as a result of an
			 order by a court of the Commonwealth or a federal court.
The Board will notify the offender, in writing, the substantive
				reasons for summarily denying the motion for termination. The denial of a
				motion for termination under 803 CMR 1.30(2) is not subject to Judicial Review.
				803 CMR 1.30(2)(d) does not apply to offenders whose only sex offense was a
				result of an adjudication as a youthful offender or as a delinquent
				juvenile.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.32 - Board's Reclassification of Sex Offender

Current through Register 1525, July 5, 2024
(1)
General
			 Principles
. Pursuant to M.G.L. c. 6, § 178L(3), the Board may
			 reclassify any finally classified sex offender upon receipt of information that
			 indicates the offender may present an increased risk to reoffend or degree of
			 dangerousness.
(2) Reclassification
			 may be based on, but is not limited to, information indicating the sex offender
			 has:
(a) Been investigated for or charged
			 with committing a new sex offense;
(b) Been convicted of a new sex
			 offense;
(c) Been adjudicated a
			 sexually dangerous person, pursuant to M.G.L. c. 123A;
(d) Been terminated from a sex offender
			 treatment program;
(e) Violated the
			 terms or conditions of community supervision;
(f) Been incarcerated for more than 60
			 consecutive days at any time following final classification by the
			 Board;
(g) Failed to comply with
			 the provisions of M.G.L. c. 6, §§ 178C through 178Q; or
(h) Demonstrated a lack of stability in the
			 community.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.33 - Risk Factors

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 6, §§ 178K(1)(a) through (1)
				and 178L, the Board shall use the following factors to determine each sex
				offender's level of risk of reoffense and degree of dangerousness posed to the
				public in reaching a final classification decision.
Research supports that the strongest predictors of sexual
				recidivism for all sex offenders are variables related to antisocial
				orientation and sexual deviance. (
Cortoni, 2010; Hanson and
				Morton-Bourgon, 2004; Prescott 2006
)
These factors may be present to varying degrees in any
				individual case. The final classification level is not based on a cumulative
				analysis of the applicable factors, but rather a qualitative analysis of the
				individual sex offender's history and personal circumstances. Factors that are
				not specifically referenced in a final classification decision are deemed
				inapplicable.
Some factors apply to adult male offenders, adult female
				offenders and juvenile offenders in different ways. These differences are
				reflected in each factor. Juvenile females are classified using juvenile
				factors. (
Frey, 2010; Hunter et al, 2006; Kubick et al. 2002; Matthews
				et al, 1997; Van deer Put, 2013
)
The Board recognizes that adult female sex offenders generally
				have lower recidivism rates than adult male sex offenders. (
Cortoni et
				al, 2010).
The Board shall apply mitigating weight to this lower
				recidivism rate, along with the other relevant regulatory factors, in
				determining the final classification level.
HIGH-RISK FACTORS:
Pursuant to M.G. L. c. 6, §178K(1)(a)(i) through (vi), the
				presence of Factors 1 through 6, is indicative of a high risk of reoffense and
				degree of dangerousness. The absence of Factors 1 through 6 does not reduce an
				offender's risk of reoffense or lower his degree of dangerousness.
(1)
Factor 1: Mental
			 Abnormality
.
(a)
Adult Male
. The presence of a statutorily defined
			 mental abnormality specifically related to sexual deviance is significantly
			 associated with an increased risk of reoffense.
The Board shall consider documentation from a licensed mental
				health professional that indicates that the offender has been diagnosed with a
				paraphilic disorder related to sexual fantasies, urges, and behaviors.
In the case of pedophilic disorder, this would only be
				applicable to offenders who are 16 years of age or older at the time of
				diagnosis. (
Doren, 2002; Hanson and Morton-Bourgon, 2004; Hanson and
				Morton-Bourgon, 2005;
and
Mann et al. 2010
)
(b)
Adult
			 Female
. Factor 1 applies in the same manner to female offenders.
			 (
Ford and Cortoni, 2008; Hart et al., 2003; Rousseau and Cortoni,
			 2010
)
(c)
Juvenile
. Factor 1 applies in the same manner to
			 juvenile offenders. (
Prescott, 2006; Worling and Curwen, 2001; Worling
			 and Langstrom, 2006
)
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.34 - Information Sharing

Current through Register 1525, July 5, 2024
(1) Pursuant to
			 M.G.L. c. 6, § 178K(4) any agency as defined by M.G.L. c. 6, § 178C,
			 shall provide to the Board, within 15 business days of request, any information
			 that is relevant to the Board's classification and/or reclassification of a sex
			 offender's level. Such information includes but is not limited to:
(a) Any information associated with a
			 conviction for a sex offense, including but not limited to, any narratives
			 describing the offending behavior, victim statements and all investigative
			 reports;
(b) Any documentation
			 demonstrating the offender has been investigated for or charged with committing
			 a new sex offense;
(c) Any
			 documentation demonstrating the offender has been non-compliant with community
			 supervision along with any reports generated as a result of
			 non-compliance;
(d) Any
			 documentation demonstrating the offender has been non-compliant with required
			 programing;
(e) Any evaluation,
			 risk assessment or discharge summary;
(f) Any documentation demonstrating the
			 offender has received any disciplinary reports for non-compliance with
			 institutional rules and regulations;
(g) Any restraining or harassment orders that
			 have been issued;
(h) Any new
			 arrest or report generated as a result of violent or assaultive behavior;
			 and
(i) Any new arrest or report
			 involving drugs or alcohol.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination › Section 1.35 - Severability

Current through Register 1525, July 5, 2024
If any regulation or section, sub-section, sentence, phrase or
				portion thereof is found to be invalid by a court of competent jurisdiction for
				any reason, said portion shall be deemed a separate, distinct, and independent
				provision, and the validity of the other regulations shall not be
				affected.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
								803 CMR
			 2.00 sets forth the establishment and use of the iCORI
			 system to access CORI.
			 803 CMR
			 2.00 further sets forth procedures for accessing CORI
			 for the purpose of evaluating applicants for employment, volunteer
			 opportunities, or professional licensing, as well as CORI complaint
			 procedures.
(2)
								803 CMR
			 2.00 applies to all users of the iCORI system,
			 including employers, governmental licensing authorities, and individuals
			 seeking to obtain criminal history information.
(3) Nothing contained in
			 803 CMR
			 2.00 shall be interpreted to limit the authority
			 granted to the Criminal Record Review Board (CRRB) or to the Department of
			 Criminal Justice Information Services (DCJIS) by the Massachusetts General
			 Laws.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.03 - CORI Inclusions and Exclusions

Current through Register 1525, July 5, 2024
(1) CORI is defined
			 in M.G.L. c. 6, § 167 and shall include any records or data in any
			 communicable form which meet all the following criteria such that they:
(a) are compiled by a Massachusetts criminal
			 justice agency;
(b) concern an
			 identifiable individual;
(c) relate
			 to the nature or disposition of any one of the following:
1. a criminal charge;
2. an arrest;
3. a pre-trial proceeding;
4. any other judicial proceeding;
5. a previous hearing conducted pursuant to
			 M.G.L. c. 276, § 58A where the defendant was detained prior to trial or
			 released with conditions under M.G.L. c. 276, § 58A(2);
6. sentencing;
7. incarceration;
8. rehabilitation; or
9. release.
(d) are recorded in a criminal proceeding
			 that was not:
1. dismissed before arraignment;
			 or
2. subject to the filing of a
nolle prosequi
before arraignment;
(e) concern an individual, who:
1. has reached 18 years of age or
			 older;
2. prior to September 18,
			 2013, had reached 17 years of age or older; or
3. was younger than 18 years old, but was
			 adjudicated as an adult in superior court or adjudicated as an adult after
			 transfer of a case from a juvenile session to another trial court
			 department.
(f) concern
			 offenses that are punishable by incarceration.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.04 - iCORI Registration

Current through Register 1525, July 5, 2024
(1) To access the
			 iCORI system, a requestor shall first register for an iCORI account as outlined
			 in 803 CMR 2.04(2) through
			 (10).
(2) A member of the general public may
			 register for an iCORI account to request his or her own CORI, to request Open
			 Access to CORI, or to request a self-audit.
(3) An employer or volunteer organization may
			 register for an iCORI account to screen current employees or employment
			 applicants.
(4) A governmental
			 licensing agency may register for an iCORI account to screen current license
			 holders or licensing applicants.
(5) A CRA may register for an iCORI account
			 to access CORI for a client who would meet the requirements of registration for
			 an iCORI account. Regulations applicable to CRA registration can be found in
			 803 CMR
			 11.00:
Consumer Reporting Agency
			 (CRA)
.
(6) A landlord,
			 property management company, real estate agent, or public housing authority may
			 register for an iCORI account to access CORI to evaluate housing applicants.
			 Regulations applicable to landlord, property management company, real estate
			 agency, and public housing authority registration can be found in
			 803 CMR
			 5.00:
Criminal Offender Record Information
			 (CORI) - Housing
.
(7) To
			 complete the registration process, users shall agree to all iCORI terms and
			 conditions. In addition, users shall also complete CORI training. DCJIS's
			 website contains the following training documents: training for individuals,
			 training for organizations, and training for consumer reporting agencies. To
			 complete CORI training, each user must review the appropriate training
			 document.
(8) Upon registration,
			 requestors are required to complete the iCORI Agency Agreement, which shall be
			 signed by an individual with signatory authority for the requestor. The terms
			 of the iCORI Agency Agreement shall include, but not be limited to, the
			 following:
(a) Requestor agrees to comply with
			 the CORI laws and regulations;
(b)
			 Requestor shall maintain an up-to-date "need to know" list and provide all
			 staff that request, review, or receive CORI with the iCORI training materials
			 available on the DCJIS website at
			 https://www.mass.gov/orgs/department-of-criminal-justice-information-services;
(c) Requestor agrees to report any violation
			 of the CORI laws or regulations associated with the iCORI account to DCJIS
			 within 72 hours of learning of said breach or violation;
(d) Requestor shall only request the level of
			 CORI access authorized by statute or approved by DCJIS; and
(e) Requestor shall be liable for any
			 violations of the CORI law or regulations, and individual users of the
			 requestor's account may also be liable for any such violations.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.05 - Levels of Access to CORI

Current through Register 1525, July 5, 2024
(1) There shall be
			 three different levels of access to CORI. The level of access to which a
			 requestor is entitled shall depend upon the requestor and whether a statute,
			 regulation, or accreditation requirement authorizes or requires the requestor
			 to obtain a certain level of CORI.
(2) The three levels of CORI access are:
(a) Required Access;
(b) Standard Access; and
(c) Open Access.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.06 - Access to an Individual's Own CORI

Current through Register 1525, July 5, 2024
(1) An individual
			 may request a copy of his or her own CORI by registering for an iCORI account.
			 An individual requesting a copy of his or her own CORI will have Required 2
			 Access, which includes all CORI, but excludes juvenile, sealed, or expunged
			 charges.
(2) If an individual does
			 not have access to the internet, the individual may request a copy of his or
			 her CORI from DCJIS by submitting a completed CORI Personal Request
			 Form.
(3) An individual's attorney
			 may request a copy of the individual's CORI in accordance with the additional
			 procedures and requirements of
			 803
			 CMR 2.07(1).
(4) An individual's legally designated
			 representative may request a copy of the individual's CORI by registering for
			 an iCORI account or by requesting a copy from DCJIS and supplying an original
			 completed CORI Advocate or Designated Representative Request Form. An
			 individual's legally designated representative shall comply with the additional
			 procedures of
			 803
			 CMR 2.08.
(5) If an individual or his or her attorney
			 or legally designated representative requires CORI to obtain apostille
			 authentication from the Office of the Secretary of the Commonwealth, an
			 additional fee may be required.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.07 - Attorneys

Current through Register 1525, July 5, 2024
(1) An attorney may access the CORI
			 information of the attorney's client in the following manner:
(a) The attorney shall obtain the client's
			 consent to access the client's CORI;
(b) The attorney shall verify the identity of
			 the client;
(c) The attorney shall
			 complete the CORI Attorney Affidavit Form, which must:
1. affirm that the subject of the request is
			 a current client of the requesting attorney;
2. affirm that the attorney has obtained the
			 client's consent to access the client's CORI;
3. describe and affirm the means used by the
			 attorney to verify the client's identity; and 4. be signed by the attorney
			 subject to the penalties of perjury.
(d) The attorney shall submit the completed
			 CORI Attorney Affidavit Form either electronically
via
the
			 attorney's account on the iCORI system or by a physical copy mailed to
			 DCJIS.
(e) The completed CORI
			 Attorney Affidavit Form will be valid for a period of one year from the signing
			 of the form. The attorney may run a subsequent CORI check on the same client
			 within this time period so long as the client is still a current client of the
			 attorney.
(f) Where representation
			 changes such that the client is represented by a succeeding attorney who works
			 for the same firm or entity as the attorney who signed the CORI Affidavit Form,
			 and where the client maintains an unbroken attorney-client relationship with
			 attorneys working for that firm or entity, then succeeding attorneys who
			 directly represent the client and who work for that same firm or entity may run
			 a subsequent CORI check on the client within one year of the signing of the
			 CORI Attorney Affidavit Form by the initial attorney.
(g) The attorney or the firm or entity for
			 which the attorney works shall maintain a copy of the completed CORI Attorney
			 Request Form for a period of one year from the submission of the CORI request.
			 The attorney who signs the form is responsible for ensuring that it will be
			 preserved.
(h) A client's CORI
			 accessed by an attorney on the client's behalf may only be disseminated:
1. to the client;
2. to such other individuals as authorized by
			 the client; or
3. as otherwise
			 authorized by law.
(i) An
			 attorney shall not use the procedures outlined in
			 803
			 CMR 2.07(1) to access CORI
			 of a former client or a non-client. To access the CORI of a former client or a
			 non-client, an attorney must use the procedures described in
			 803
			 CMR 2.07(2).
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.08 - Legally Designated Representatives

Current through Register 1525, July 5, 2024
A legally designated representative may obtain the client's
				CORI on the client's behalf as follows:
(a) A legally designated representative may
			 obtain a client's CORI by registering for an iCORI account and submitting a
			 CORI request. To submit a CORI request the legally designated representative
			 shall:
1. provide the legally designated
			 representative's own identifying information required by DCJIS, as well as
			 identifying information regarding the client;
2. obtain a signed CORI Advocate or
			 Designated Representative Request Form authorizing the legally designated
			 representative to obtain the client's CORI;
3. maintain the completed CORI Advocate or
			 Designated Representative Request Form for a period of one year from the
			 submission of the CORI request; and
4. verify the client's identity as provided
			 in 803 CMR 2.11.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.09 - Special Categories for CORI Access

Current through Register 1525, July 5, 2024
(1) An elderly
			 person or disabled person shall be permitted to obtain CORI to screen
			 employment applicants or employees for positions which may provide assistance
			 within the home of the elderly person or disabled person; in order to do so, it
			 is necessary to complete the On Behalf of/Home Health Aide CORI Request Form.
(a) A legally designated representative may
			 also obtain CORI for this purpose on behalf of an elderly person or disabled
			 person.
(b) A requestor using the
			 On Behalf of/Home Health Aide CORI Request Form shall receive Required 2 Access
			 as defined in
			 803
			 CMR 2.05.
(c) A requestor using On Behalf of/Home
			 Health Aide CORI Request Form shall not be subject to the provisions of
			 803
			 CMR 2.20.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.10 - Prohibition against Requiring an Individual to Provide His or Her Own CORI

Current through Register 1525, July 5, 2024
A person or entity is prohibited from requesting or requiring
				an individual to provide a copy of his or her own CORI, except as authorized by
				M.G.L. c. 6, § 172. As provided in M.G.L. c. 6, §§ 172(d), 177,
				and 178, a violation of this provision may subject the violator to civil
				liability and may constitute a crime punishable by fine or imprisonment.
				Therefore, in addition to its own investigation and imposition of civil
				penalties through the CRRB pursuant to
				803
				CMR 2.27 and
				2.28, DCJIS may also refer a
				violation of
				803
				CMR 2.10 to a law enforcement agency or
				district attorney's office for investigation or potential criminal
				prosecution.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.11 - Requirements for Requestors to Request CORI

Current through Register 1525, July 5, 2024
(1) Prior to
			 submitting a CORI request, a requestor, including any individual, employer,
			 volunteer organization, landlord, property management company, real estate
			 agent, public housing authority or governmental licensing agency, shall:
(a) obtain a signed CORI Acknowledgment Form
			 for each subject to be checked;
(b)
			 verify the identity of each subject pursuant to
			 803
			 CMR 2.11(5); and
(c) sign and date a CORI Acknowledgment Form
			 for each subject certifying that the subject was properly identified.
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.12 - Electronic Submission of CORI Acknowledgment Forms

Current through Register 1525, July 5, 2024
(1)
			 A requestor may collect CORI Acknowledgment Forms through electronic means
			 including, but not limited to, the requestor's electronic application. When
			 CORI Acknowledgment Forms are collected electronically, the requestor shall
			 comply with all provisions set forth in
			 803
			 CMR 2.11.
(2) To satisfy the requirement pertaining to
			 verification of the subject's identity as set forth in
			 803
			 CMR 2.11(1)(b), the subject
			 may submit a notarized copy of the CORI Acknowledgment Form as provided in
			 803
			 CMR 2.11(5)(c). Such
			 notarized form shall be either uploaded into the requestor's electronic system
			 or transmitted electronically to the requestor prior to the submission of the
			 subject's CORI request. If the requestor is unable to verify the subject's
			 identity in person and unable to obtain such notarized form, then it shall
			 comply with the provisions of
			 803
			 CMR 2.11(5)(e) or (f).
Code of Massachusetts Regulations › 803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES › Title 803 CMR 2.00 - Criminal Offender Record Information (CORI) › Section 2.13 - Identity Verification Exemption for Subsequent CORI Checks

Current through Register 1525, July 5, 2024
(1) A new CORI request may be submitted
			 within one year as provided in
			 803
			 CMR 2.11(8), or where an
			 attorney is submitting a request on behalf of the attorney's client, as
			 provided in
			 803
			 CMR 2.07(1)(e) and
			 (f).
(2) For CORI requests submitted for the same
			 subject after one year, requestors shall obtain a new completed CORI
			 Acknowledgment Form.
(a) If the information
			 provided on the CORI Acknowledgment Form exactly matches the information on the
			 expired CORI Acknowledgment Form, then the requestor is not required to verify
			 the subject's identity a second time.
(b) If the name and/or date of birth provided
			 on the CORI Acknowledgment Form differs from the information on the expired
			 CORI Acknowledgment Form, then all steps, including verification of identity as
			 provided in
			 803
			 CMR 2.11, shall be followed prior to the
			 submission of a new CORI request.