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 1.04 - Registration and Classification Process

Current through Register 1525, July 5, 2024
(1)
Preamble
. Pursuant to M.G.L. c. 6, § 178K(1), the
			 Board is required to publish guidelines for determining each sex offender's
			 level of risk of reoffense and degree of dangerousness posed to the public, or
			 for relief from the obligation of registration. Pursuant to M.G.L. c. 6, §
			 178K(1) and (2), these guidelines shall provide for three levels of
			 notification based on a sex offender's risk of reoffense and degree of
			 dangerousness. The offender's final classification level determines the amount
			 of information that can be disseminated about him or her to the public through
			 the notification procedures, pursuant to M.G.L. c. 6, §§ 178C through
			 178Q. The registration and classification process is a two stage
			 process.
(2) In the first stage,
			 the Board makes a recommendation regarding each sex offender's duty to register
			 and classification level pursuant to M.G.L. c. 6, § 178L. During the
			 recommendation process, the sex offender is entitled to present documentary
			 evidence for the Board to consider. The sex offender will be notified in
			 writing of the Board's recommendation. The sex offender may either accept or
			 reject the recommendation. The recommendation process is set forth at
			 803 CMR
			 1.06 through
			 1.08.
			 If the sex offender accepts the Board's recommendation, then the recommended
			 classification level shall become final and is not subject to judicial review,
			 pursuant to M.G.L. c. 30A.
(3) If
			 the sex offender rejects the Board's recommendation, the process moves into the
			 second stage which is set forth at
			 803 CMR
			 1.09 through
			 1.22. The
			 sex offender is provided with a
de novo
hearing at which all
			 relevant evidence is evaluated by a Hearing Examiner to reach a final decision
			 regarding the sex offender's duty to register and final classification level.
			 The Hearing Examiner shall base his or her decision on the totality of all the
			 relevant evidence introduced at the sex offender's individualized hearing. The
			 final agency decision issued by the Hearing Examiner is subject to judicial
			 review in the Superior Court, pursuant to M.G. L. c. 30A.
(4)
Factors
. M.G.L.
			 c. 6, §§ 178K(2) and 178L(1), sets forth criteria to be considered by
			 the Board in determining risk of reoffense and degree of dangerousness and
			 authorize the Board to identify and utilize additional risk factors and
			 criteria not specifically listed in the statute. Based on this statutory
			 authority, the Board created
			 803 CMR 1.33 which
			 describes and defines the factors that the Board shall consider in making all
			 registration and classification decisions. In determining the final
			 classification, the Hearing Examiner shall be guided by the definitions,
			 explanations, principles, and authorities contained in the Factors set forth in
			 803 CMR 1.33 and
			 shall not be bound by the Board's recommendations.