reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 53.00 - Accountability And Transparency For State Authorities › Section 53.05 - Prohibition on State-subsidized Benefits

Current through Register 1525, July 5, 2024
The commonwealth shall not subsidize the health insurance,
				pension, and other post-employment benefits of employees and retirees of a
				state authority that participates in the state retirement system or the Group
				Insurance Commission. Each such state authority shall contribute the employer
				share of the cost attributable to that authority of the state retirement system
				as determined by the actuary of the Public Employee Retirement Administration
				Commission, and of the state group insurance system as determined by the Group
				Insurance Commission. Each such state authority shall be responsible for the
				full actuarial value of its liabilities as determined no less often than every
				three years by the Public Employee Retirement Administration Commission and the
				Group Insurance Commission after consulting the Secretary of Administration and
				Finance, the state Treasurer, and the State Board of Retirement. An authority
				shall defray its unfunded retirement and other post-employment benefits on the
				same schedule, if any, that applies to the Commonwealth or on a more rapid
				schedule.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.01 - Purpose and Application

Current through Register 1525, July 5, 2024
801 CMR 56.00 clarifies the
				process and requirements for approval by the Secretary of Administration and
				Finance (A&F Secretary) of financing for nonprofit community hospitals and
				nonprofit community health centers pursuant to St.1968, c. 614, § 10, as
				amended by St. 2011, c. 9, § 21. Notwithstanding any other provision in
				801 CMR 56.00, the A&F
				Secretary shall have the right, in his or her sole discretion, to reject in
				whole or in part, a project proposal.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 801 CMR 56.00, the following terms shall have the meanings prescribed unless otherwise noted.
Agency
shall mean the Massachusetts Development Finance Agency established by M.G.L. c. 23G.
A&F Secretary
shall mean the Secretary of Administration and Finance.
Borrower
shall mean a nonprofit community hospital or nonprofit community health center that seeks financing under St. 1968, c. 614, § 10, as amended by St. 2011, c. 9, §21.
Community Hospital and Community Health Center Capital Reserve Fund
or
Fund
shall mean a fund established by St. 1968, c. 614, § 10, subsection (g)(1), as amended by St. 2011, c. 9, § 21.
HHS Secretary
shall mean the Secretary of Health and Human Services.
Intercept Agreement
shall mean written agreement between the borrower and the Commonwealth which sets forth the terms and conditions of the withholding by the state comptroller (Comptroller) of a payment due by the Commonwealth to the borrower under St. 1968, c. 614, § 10, subsection (g)(8).
Moral Obligation Bond
shall mean a bond issued by the Agency for the benefit of a nonprofit community hospital or nonprofit community health center and which is secured by a Community Hospital and Community Health Center Capital Reserve Fund.
Moral Obligation Bond Issuance Fee
shall mean a fee payable by the borrower to the Agency upon the issuance of a moral obligation bond for the Agency's role as the issuer of the moral obligation bond. The amount of this fee shall be determined by the Agency in accordance with the fee schedule it customarily uses in connection with the issuance of bonds.
Nonprofit Community Health Center
and
Nonprofit Community Hospital
shall mean a community health center as defined in 101 CMR 613.02:
Community Health Center
, which operates as either a community health center or a hospital licensed health center, but shall not include a hospital where the ratio of the number of physician residents-in-training to the number of inpatient beds exceeds 0.25.
Preliminary Project Proposal
shall mean a proposal submitted in accordance with 801 CMR 56.05.
Project
shall mean:
(a) the maintenance, repair or renovation of existing buildings, structures, or other infrastructure owned by a nonprofit community health center or nonprofit community hospital;
(b) the construction of new buildings, structures or other infrastructure to be owned by a nonprofit community health center or nonprofit community health center; or
(c) the acquisition of equipment. A project may also include the costs associated with the purchase and preparation of land in connection with 801 CMR 56.02:
Project
(a) and (b).
Project Proposal
shall mean a proposal submitted in accordance with 801 CMR 56.07 and 56.08.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.03 - Criteria for Approval of a Moral Obligation Bond Issuance by the A&F Secretary

Current through Register 1525, July 5, 2024
In order for a moral obligation bond issuance to receive the
				A&F Secretary's approval, the following criteria must be met:
(1) The aggregate principal amount of all
			 moral obligation bonds outstanding issued under St. 1968, c. 614, § 10, as
			 amended by St. 2011, c. 9, § 21, shall not exceed $250 million;
(2) The moral obligation bonds must be
			 structured within the following parameters:
(a) No derivative financial products as
			 defined by
			 976 CMR
			 2.03: Definitions except for periodic resets
			 of interest rates at a predetermined spread over an index at intervals no
			 shorter than five years;
(b)
			 Clearly defined principal amortization with no balloon payment, i.e. principal
			 must amortize throughout the term of the bond issue without substantial
			 increase from year to year;
(c)
			 Annual debt service on the bonds may not exceed the amount annually payable by
			 the Commonwealth to the borrower and available to be withheld by the
			 Comptroller under St. 1968, c. 614, § 10, subsection(g)(8) in the event of
			 default;
(d) Bond term may not
			 exceed the useful life of assets to be financed;
(e) The Commonwealth shall have the right,
			 but not the obligation, to pay off the bond issue in full if any payment
			 default by the borrower remains uncured for a period of six months, as
			 confirmed by the Agency.
(f) Each
			 bond issue must provide the Agency with a security interest in the assets
			 financed, which shall give the Agency all of the rights and remedies of a
			 secured party.
(g) The borrower
			 shall deposit to the Community Hospital and Community Health Center Capital
			 Reserve Fund an amount equal to the maximum principal and interest due on the
			 bonds in any one calendar year.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.04 - A&F Secretary's Discretion

Current through Register 1525, July 5, 2024
Notwithstanding
				801
				CMR 51.03: Criteria for Approval of an
				Economic Development Proposal by the Secretary, the A&F Secretary, in the
				A&F Secretary's sole discretion, reserves the right to waive any of the
				criteria identified in
				801 CMR 56.00 that are not
				statutorily required by St. 1968, c. 614, § 10, subsection (g)(1), if the
				A&F Secretary determines that there are compelling reasons to do
				so.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.05 - Preliminary Project Proposal

Current through Register 1525, July 5, 2024
(1)
			 Prior to filing a project proposal with the A&F Secretary, the borrower
			 shall file a preliminary project proposal with the HHS Secretary, who shall
			 review and evaluate the preliminary project proposal under the criteria listed
			 in 801 CMR 56.05(2) and (3).
(2)
			 The Preliminary Project Proposal should support one or more of the following
			 policy goals:
(a) Promote integration and
			 coordination of care;
(b) Promote
			 care that is patient-centered;
(c)
			 Develop capabilities necessary to implement alternative payment
			 models;
(d) Improve the quality of
			 care and health outcomes; and
(e)
			 Relocate care to high quality, cost-efficient settings.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.06 - Evaluation of Preliminary Project Proposal

Current through Register 1525, July 5, 2024
The evaluation of a preliminary project proposal shall occur
				under the evaluation process outlined as follows:
(1) Within 30 days after receipt of the
			 preliminary project proposal, the HHS Secretary or the HHS Secretary's designee
			 shall review the preliminary proposal. If the borrower fails to submit full
			 information required under
			 801 CMR
			 56.05 or should the HHS Secretary determine
			 that additional or clarifying information is needed from the borrower, the HHS
			 Secretary shall afford the borrower 30 days to submit such additional or
			 clarifying information. Once all information has been submitted by the
			 borrower, the HHS Secretary or the HHS Secretary's designee shall proceed to a
			 final evaluation of the preliminary project proposal.
(2) Within 30 days after commencing the final
			 evaluation of the preliminary project proposal, the HHS Secretary shall inform
			 the borrower of the outcome of the final evaluation. The HHS Secretary shall
			 inform the borrower in writing of the approval or rejection. In the case of a
			 rejection, the HHS Secretary shall notify the borrower of the reasons for the
			 rejection. The HHS Secretary shall notify the Agency and the A&F Secretary
			 of the rejection or approval of the preliminary project proposal.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.07 - Process of Evaluation of a Project Proposal by the Agency

Current through Register 1525, July 5, 2024
(1) Upon approval of the preliminary project
			 proposal by the HHS Secretary, the borrower shall submit the project proposal,
			 accompanied by an application for bond financing in the form established by the
			 Agency, to the agency for the review required by
			 801
			 CMR 56.03(8)(a) and (b).
Within 60 days after the later of the approval of the
				preliminary project proposal by the HHS Secretary or the receipt of the
				completed project proposal and application for bond financing, the Agency shall
				undertake and complete the review required by
				801
				CMR 56.03(8)(a) and (b).
				Upon completing its review of the preliminary project proposal, the Agency
				shall determine whether:
(a) the
			 project would not happen but for participation in the moral obligation bond
			 program; and
(b) in the agency's
			 the project meets the agency's Underwriting Guidelines.
The Agency shall provide its written determination to the
				borrower and to the A&F Secretary.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.08 - Content of Application to A&F Secretary for Approval of Project Proposal

Current through Register 1525, July 5, 2024
The application for final approval of a project proposal to be
				submitted to the A&F Secretary shall include:
(1) The project proposal, the content of
			 which shall consist of the substance of the preliminary project proposal
			 approved by the HHS Secretary; and
(2) A written assessment of the findings of
			 the review performed by the Agency under
			 801
			 CMR 56.03(8)(a) and
			 (b).
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.09 - Evaluation of Project Proposal by the A&F Secretary

Current through Register 1525, July 5, 2024
Within 30 days after receipt of the Project Proposal from the
				borrower in the form and with the information and documentation required by
				801
				CMR 56.08, the A&F Secretary shall take
				action on the Project Proposal by approving it, disapproving it, requesting its
				amendment or requesting further information.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.10 - Additional Information

Current through Register 1525, July 5, 2024
The A&F Secretary may request any additional information or
				documentation that the A&F Secretary considers relevant to the evaluation
				of the Project Proposal. The borrower shall promptly provide any such
				information or documentation requested to the extent it is
				available.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.11 - Final Approval

Current through Register 1525, July 5, 2024
If the criteria and requirements for a project proposal as set
				forth in
				801 CMR 56.00 are satisfied,
				and provided that the loan and the issuance and terms of the related bonds are
				satisfactory, the A&F Secretary may approve the project proposal and the
				Agency shall issue the bonds subject to the availability of a committed bond
				purchaser. Approval may be subject to any conditions which are consistent with
				St.1968, c. 614, §10, as amended by St. 2011, c. 9, §21, including
				but not limited to a requirement that the borrower:
(a) provide financial statements or other
			 information relevant to the financial condition of the borrower and the
			 borrower's compliance with the terms of the loan; and
(b) reimburse the Commonwealth for any
			 amounts the Commonwealth transfers to the capital reserve fund under
			 801 CMR
			 56.13 to replenish the capital reserve fund
			 as a result of a loan payment default by the borrower.
The A&F Secretary shall send a copy of the final approval
				and an executed copy of the intercept agreement to the Treasurer's Office and
				to the Comptroller.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.12 - Protocol in the Event of Borrower Default

Current through Register 1525, July 5, 2024
(1)
Agency Action
.
			 When a borrower defaults on the payment of principal or interest on a moral
			 obligation bond secured by a Community Hospital and Community Health Center
			 Capital Reserve Fund, the Agency, upon written notification by the trustee for
			 the bond holders, shall notify the A&F Secretary in writing of the borrower
			 default and shall identify whether the default relates to the payment of
			 principal or interest or both on such loan.
(2)
A&F Secretary
			 Action
. Upon written notification of a borrower default under 801
			 CMR 56.12(1), the A&F Secretary, pursuant to St. 1968, c. 614, § 10,
			 as amended by St. 2011, c. 9, § 21, shall direct the Comptroller to
			 withhold any funds that are due and payable by the Commonwealth to the borrower
			 until the amount of principal or interest or both due or anticipated to be due
			 has been paid to the Agency or the trustee for the bondholders. Funds subject
			 to be withheld pursuant to 801 CMR 56.12 shall include, but not be limited to,
			 federal and state grants, to the extent permissible under the applicable
			 federal grant authority, contracts, allocations and appropriations.
(3) The Agency shall provide, in writing,
			 further notification to the A&F Secretary in the event of a borrower
			 payment default that remains uncured by the borrower for a period of 30 days.
			 Upon written notification, the A&F Secretary shall:
(a) direct the Comptroller to make available
			 to the Agency, without further appropriation, any funds withheld from the
			 borrower under 801 CMR 56.12(2); and
(b) direct the agency to exercise any or all
			 of such remedies against the borrower as provided in the relevant bond
			 documents.
The Agency, pursuant to the St.1968, c. 614, § 10, as
				amended by St. 2011, c. 9, § 21, shall apply any such funds to the amounts
				due from the borrower. If the Comptroller fails to transfer sufficient funds to
				the Agency to pay amounts then due to the bondholders, the Agency shall direct
				the trustee to apply funds available in the Community Hospital and Community
				Health Center Capital Reserve Fund to the amount due to bondholders.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 56.00 - Nonprofit Community Hospitals And Nonprofit Community Health Centers Moral Obligation Bond Financing › Section 56.13 - Payments to Replenish the Fund

Current through Register 1525, July 5, 2024
(1) To
			 assure the continued operation and solvency of the Agency for carrying out the
			 public purposes of the St.1968, c. 614, §10, as amended by St. 2011, c. 9,
			 § 21, the executive director of the Agency shall annually, on or before
			 December 1st, make and deliver to the A&F
			 Secretary a certificate stating the amount of funds required to restore a
			 Community Hospital and Community Health Center Capital Reserve Fund to an
			 amount equal to the maximum amount of principal and interest maturing or
			 becoming due in any succeeding calendar year on the outstanding moral
			 obligation bonds which are secured by any such fund.
(2) Upon receipt of a certificate under 801
			 CMR 56.13(1), the A&F Secretary shall take all necessary steps to seek an
			 appropriation equal to the amount indicated by the certificate, and upon
			 approval of this appropriation, shall pay the amount so approved to the agency
			 for deposit to the Fund.
Code of Massachusetts Regulations › 801 CMR - EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE › Title 801 CMR 57.00 - COVID-19 Emergency Regulations › PREAMBLE

Current through Register 1525, July 5, 2024
On March 10, 2020 Governor Baker declared a state of emergency
				in the Commonwealth because of the public health risks caused by the
				coronavirus, COVID-19. Immediate adoption of 801 CMR 57.00 is necessary during
				the state of emergency to address the hardship COVID-19 may cause to agencies
				conducting hearings pursuant to M.G.L. c. 30A and to all parties involved in
				those hearings, and to ensure that hearings proceed in a manner that complies
				with the Governor's March 23, 2020 order on essential services and public
				gatherings.
Code of Massachusetts Regulations › 802 CMR - OPERATIONAL SERVICES DIVISION › Title 802 CMR 3.00 - Disposition Of Surplus State Property (personal) › Section 3.01 - Purpose, Scope and Applicability

Current through Register 1525, July 5, 2024
(1) The purpose of 802 CMR 3.00 is to ensure the realization of maximum financial and operational benefit from State-owned surplus property for all eligible Commonwealth entities. SSPO achieves this objective by proactively promoting the availability of State surplus property, while regulating and overseeing the manner in which disposal of such property takes place to Commonwealth agencies, towns and municipalities, non-profit organizations and the general public.
(2) The State Surplus Property Office (SSPO), within the Operational Services Division, is responsible for:
(a) managing the distribution of usable state property from all state agencies;
(b) the disposal of obsolete, excess and salvage materials; and
(c) facilitation of distribution of surplus federal property to eligible Commonwealth entities.
By redistributing excess equipment, the Commonwealth endeavors to efficiently manage its personal property assets and to reduce disposal and operating costs.
Code of Massachusetts Regulations › 802 CMR - OPERATIONAL SERVICES DIVISION › Title 802 CMR 3.00 - Disposition Of Surplus State Property (personal) › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
Agency or State Agency
. State agency as defined in M.G.L. c. 29, § 1.
Agency Surplus Property Officer
. Individual at a state agency designated by the agency's Internal Control Officer as surplus property officer, responsible for management and disposition of surplus state property.
Donor Agency
. Agency reporting surplus property to State Office for Surplus Property.
Needs File
. File of requests for surplus property received from State agency.
Personal Property
. All state agency-owned personal property, (
e.g
. furniture, office machines, vehicles) except land and buildings, acquired with appropriated funds.
Receiving Entity
. Entity receiving surplus property from either redistributed federal surplus property or a donor agency.
State Surplus Property Office
. Unit within the Operational Services Division, headed by the State Surplus Property Officer, responsible for identifying, storing and disposing of surplus property.
Surplus and Property Listing
. SSPO generated listing of surplus property.
Surplus Property
. Personal property no longer required by the acquiring state agency, including but not limited to:
(a) property exceeding the needs of a state agency;
(b) property obsolete to the needs of a state agency;
(c) damaged non-repairable property (salvage); or
(d) Historic Artifacts.
Code of Massachusetts Regulations › 802 CMR - OPERATIONAL SERVICES DIVISION › Title 802 CMR 3.00 - Disposition Of Surplus State Property (personal) › Section 3.03 - Responsibilities of Agencies

Current through Register 1525, July 5, 2024
(1) Agencies must examine their inventories of equipment, supplies and materials and periodically, but no less than annually, and report property that is no longer needed to the SSPO. The disposal of all surplus, salvage, scrap, and worthless property must be coordinated through the SSPO. State agencies may not transfer, donate, destroy or otherwise dispose of property without following SSPO procedures. Agencies must advise SSPO of all items which are of no further use to them, with the exception of worthless property. For specific guidance concerning the disposal of worthless property,
see
802 CMR 3.04(6).
(2) Agencies may not transfer surplus property from one geographic location (street address) to another without approval of the SSPO.
(3) Agencies should contact the SSPO in accordance with established SSPO procedures for disposition information on items which may be suitable for sale, auction or use by other state agencies.
(4) Items declared as surplus, salvage or scrap under the appropriate condition code will remain the responsibility of the declaring agency until disposal has been completed. Additionally, if items declared for disposal must be removed from the reported location, SSPO must be notified immediately. Agencies are responsible for ensuring that any confidential or sensitive data is removed from surplus property prior to transfer.
(5) Agencies must follow all applicable SSPO policies and procedures, unless a waiver is granted by the SSPO.
Code of Massachusetts Regulations › 802 CMR - OPERATIONAL SERVICES DIVISION › Title 802 CMR 3.00 - Disposition Of Surplus State Property (personal) › Section 3.04 - Policies Governing Distribution of Surplus Property

Current through Register 1525, July 5, 2024
(1) Upon receipt of all applicable SSPO documentation, the SSPO will determine if the property meets the needs of any State agency. SSPO may contact agencies to inform them of the available item(s). For transfers of surplus property, the disposing agency and acquiring entity are responsible for scheduling inspections and authorized property transfers.
(2) If there is no request for the item, SSPO shall list the item in the Surplus Property Listing available to State agencies. Agencies must arrange any required inspection, transportation of surplus items, and confirm receipt of surplus items in writing to the SSPO.
(3) If two or more agencies request an item simultaneously, the SSPO shall determine which agency will receive the item.
(4) Agencies desiring items identified by SSPO as surplus should advise the SSPO, in accordance with established SSPO Policies and Procedures. SSPO shall establish the order of priority for distribution of surplus property items to non-state agency recipients.
(5) The SSPO will determine the method of disposal for all surplus items according to the type of property, condition, and its best value to the Commonwealth. The SSPO reserves the right to authorize an agency to dispose of property that has insufficient value. Formal authorization will be granted when the SSPO has received appropriate documentation, in accordance with established SSPO Policies and Procedures. In the case of usable property, the agency may receive authorization to sell the property at the best price obtainable by competitive bid, as authorized by SSPO. Any funds received must be payable to the Commonwealth of Massachusetts and remitted to SSPO.
(6) Upon approval by SSPO, agencies are authorized to destroy property items considered to be worthless. The agency surplus property officer must appoint, when applicable, a three member property disposal team which should be made up of the Agency Head, the Fiscal Officer and a third agency employee, or their designees. The team members are required to personally inspect and determine the value of the property. If the property is determined to be worthless, each member must provide a certification to that effect, which shall be sent to the SSPO. Prior to destruction, the agency should remove any part of an assembly that can be used or stocked for repair of other articles. Surplus property, even if worthless, must be disposed of in a manner that complies with M.G.L.c. 268A.
Code of Massachusetts Regulations › 802 CMR - OPERATIONAL SERVICES DIVISION › Title 802 CMR 3.00 - Disposition Of Surplus State Property (personal) › Section 3.05 - Waiver

Current through Register 1525, July 5, 2024
SSPO may waive any provision of 802 CMR 3.00 on a case by case basis, upon demonstration of good cause by the requesting entity, or if SSPO determines that it is in the best interests of the Commonwealth to do so.
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 1.01 - Purpose

Current through Register 1525, July 5, 2024
803 CMR 1.00 sets forth
				guidelines pertaining to the registration and classification of sex offenders,
				and the resulting dissemination of sex offender registry information in
				accordance with the law based on the offender's level of risk of reoffense and
				degree of dangerousness posed to the public.
				803 CMR 1.00 additionally
				provides a process for the removal from the sex offender registry of those
				individuals not required to register. The Sex Offender Registry Board (the
				"Board") may from time to time and in its discretion develop, implement, and/or
				amend its policies, procedures, and protocols to this end. The Board will
				exercise sound judgment and apply its expertise when making any registration or
				classification determination as required in
				803 CMR 1.00.
803 CMR 1.00 sets forth the
				registration and classification procedures and guidelines the Board uses to
				determine whether a convicted or adjudicated sex offender may be required to
				register as a sex offender and, if so, the offender's level of risk of
				reoffense and degree of dangerousness posed to the public.
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 1.02 - Regulations Do Not Limit Statutory Authority, Cancellation

Current through Register 1525, July 5, 2024
Nothing contained in
				803 CMR 1.00 shall be
				interpreted to limit, contradict or override the authority granted to the Sex
				Offender Registry Board or others pursuant to M.G.L. c. 6, §§ 178C
				through 178Q and any other applicable provisions of the Massachusetts General
				Laws.
				803 CMR 1.00 cancels all
				previous Sex Offender Registry Board policy statements, rules or regulations to
				the extent they are inconsistent with
				803 CMR 1.00. The recommended
				classification of any offender who has not been finally classified prior to the
				effective date of
				803 CMR 1.00 shall remain
				valid. Likewise, the Final Classification of any offender issued prior to the
				effective date of
				803 CMR 1.00 shall also be
				deemed to remain valid.
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 1.05 - Registration

Current through Register 1525, July 5, 2024
(1) A sex offender,
			 as defined in M.G.L. c. 6, § 178C, shall register with the Sex Offender
			 Registry Board, by mail, on a registration form provided by the Board.
			 Additionally, the Board shall accept the registration form it receives from any
			 nonresident person who has employment or is enrolled in school in the
			 Commonwealth if such person is required to register as a sex offender in the
			 state in which he or she resides.
(2)
Registration
			 Form
. The registration form shall require the sex offender to
			 provide the following information:
(a) name
			 of the sex offender;
(b) date of
			 birth;
(c) Social Security number
			 (optional);
(d) home address or
			 intended home address;
(e)
			 secondary address or intended secondary address;
(f) location for homeless
			 offenders;
(g) work address or
			 intended work address;
(h) name and
			 address of any school at which the offender works, intends to work, is enrolled
			 as a student, and/or intends to enroll as a student; and
(i) signature of the sex offender, signed
			 under the pains and penalties of perjury.
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 1.06 - Duty to Register and Recommended Classification Level

Current through Register 1525, July 5, 2024
(1)
Duty to Register
. Pursuant to M.G.L. c. 6,
			 §§ 178C, 178K(2) and 178L(1), the Board shall determine whether a sex
			 offender has a duty to register and, if so, shall then prepare a recommended
			 classification of the sex offender as a Level 1, Level 2, or Level 3
			 offender.
(2)
No Duty
			 to Register
. If the Board determines that the offender does not
			 have a duty to register, it shall notify the offender in writing. The Board
			 shall promptly remove information pertaining to the offender from the sex
			 offender registry.
(3)
Recommended Classification
. If the Board determines
			 that the offender does have a duty to register, the Board shall prepare a
			 recommended classification level based on the factors enumerated in M.G.L. c.
			 6, § 178K(1)(a) through (l) and further explained at
			 803 CMR 1.33.
			 Pursuant to M.G.L. c. 6, § 178L(1), in preparing the recommended
			 classification level, the Board shall consider any relevant materials,
			 including documentary evidence submitted by the sex offender. A staff member of
			 the Board shall complete the classification worksheet based on this
			 information.
(4)
Written Approval by Board Member
. Pursuant to M.G.L.
			 c. 6, § 178L(1), the classification worksheet shall be reviewed by one
			 Board member, who shall enter written findings and determine the recommended
			 classification level. The Board member who made the recommendation shall not be
			 subject to a subpoena nor shall his or her mental process in reaching the
			 recommended classification level be otherwise probed, as the recommendation may
			 be appealed at a
de novo
hearing.
(5)
Juvenile
			 Recommendations
.
(a) If the sex
			 offender was a juvenile at the time of the sex offense, the written findings
			 and recommended classification level made pursuant to 803 CMR 1.06(4) shall be
			 completed by the Board member who is a licensed psychologist or psychiatrist
			 with special expertise in the assessment and evaluation of juvenile sex
			 offenders.
(b) To prepare a
			 recommended classification for a juvenile or an adult whose only sex offense(s)
			 was committed as a juvenile, the Board may meet with the juvenile sex offender.
			 If the Board chooses to meet with the juvenile sex offender, he or she is
			 permitted to be represented by his or her authorized representative. The Board
			 shall not draw any adverse inferences from an offender's refusal or failure to
			 meet with the Board.
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 1.07 - Right to Submit Documentary Evidence During the Recommendation Process

Current through Register 1525, July 5, 2024
(1)
Notification
. Pursuant to M.G.L. c. 6, §
			 178L(1)(a), the Board shall notify the sex offender of his or her right to
			 submit documentary evidence relative to his or her duty to register, risk of
			 reoffense, and degree of dangerousness posed to the public. Any documents
			 submitted by the offender shall become part of his or her classification file.
			 The offender shall submit any documentary evidence to the Board within 30
			 calendar days of receiving his or her notification.
(2)
Extending the Time to
			 Respond
. Pursuant to M.G.L. c. 6, § 178L(1)(a), the Board may
			 extend the timeframe for a sex offender to submit documentary evidence. The sex
			 offender shall send a written request to the Board seeking an extension. In
			 evaluating the request, the Board may consider such claims as insufficient
			 notification, the offender's inability to secure records or documents from a
			 sex offender treatment provider, or other unforeseen circumstances.
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 1.08 - Right to Request a Hearing to Challenge Recommendations

Current through Register 1525, July 5, 2024
(1)
Notification
. Pursuant to M.G.L. c. 6, §
			 178L(1)(a), upon completion of the process set forth in
			 803 CMR
			 1.06 and
			 1.07,
			 the Board shall notify the sex offender, in writing, of his or her duty to
			 register, the recommended classification level, and his or her right to request
			 a hearing to challenge the Board's recommendations.
(2)
Request for a Classification
			 Hearing
. At the same time the Board provides the notification
			 pursuant to 803 CMR 1.08(1), the Board shall also provide each sex offender
			 with a form to request a hearing. The completed form must be returned to the
			 Board within 20 calendar days of receipt of the notice sent pursuant to 803 CMR
			 1.08(1). By requesting a hearing, the sex offender shall be deemed to have
			 expressly rejected the Board's recommendation, and will have thereby agreed to
			 be finally classified pursuant to
			 803 CMR
			 1.20 and
			 1.21.
(3)
Failure to Request a
			 Classification Hearing
. Pursuant to M.G.L. c. 6, §
			 178L(1)(a), the failure to timely request a hearing shall result in a waiver of
			 the right to a hearing. The recommended registration and classification level
			 shall become the final decision of the Sex Offender Registry Board and shall
			 not be subject to judicial review pursuant to M.G.L. c. 30A. Notification of
			 this final decision shall be accomplished in accordance with
			 803 CMR
			 1.23. In addition, law enforcement shall be
			 notified in accordance with
			 803 CMR
			 1.25.
(4)
Sex Offender's Withdrawal of
			 Request for Hearing
. A sex offender who has requested a hearing
			 may withdraw his or her request by:
(a)
			 providing written notice to the Board at any time prior to the date of his or
			 her scheduled classification hearing; or
(b) stating his or her intent to withdraw on
			 the record at the classification hearing prior to any testimony being
			 presented. An offender may not thereafter withdraw his or her request for a
			 hearing except upon approval by the presiding Hearing Examiner.
Any withdrawal by the sex offender will be deemed an acceptance
				of the Board's recommended classification and shall result in a waiver of the
				right to a hearing. The registration determination and the recommended
				classification level shall become the final classification of the Sex Offender
				Registry Board and shall not be subject to judicial review pursuant to M.G.L.
				c. 30A. Notification of the sex offender's final classification level shall be
				accomplished in accordance with
				803 CMR
				1.23. In addition, law enforcement shall be
				notified in accordance with
				803 CMR
				1.25.
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 1.09 - Representation at Classification Hearing

Current through Register 1525, July 5, 2024
(1)
Notification
. Pursuant to M.G.L. c. 6, §
			 178L(1)(a), the Board shall notify the sex offender that at the classification
			 hearing he or she has the right to represent himself or herself; the right to
			 retain private counsel to represent him or her at his or her hearing; the right
			 to have an authorized representative, other than an attorney, represent him or
			 her at the hearing; and the right to have counsel appointed for him or her if
			 he or she is found indigent, as determined by the Board pursuant to M.G.L. c.
			 211D.
(2)
Right to
			 Counsel if Indigent
. At the same time the Board provides notice
			 pursuant to 803 CMR 1.09(1), the Board shall also provide the sex offender with
			 the requisite forms to be completed if the sex offender claims to be indigent
			 and requests the appointment of counsel. All forms must be completed and mailed
			 to the Board within 20 calendar days of receipt.
(a) If the Board has determined that the sex
			 offender is indigent and thus entitled to the appointment of counsel pursuant
			 to M.G.L. c. 211D, the sex offender and CPCS shall be notified in writing that
			 he or she has satisfied the requirements to have an attorney represent him or
			 her at the hearing.
(b) If the
			 Board has determined that the sex offender is not entitled to the appointment
			 of counsel pursuant to M.G.L. c. 211D, the sex offender shall be notified in
			 writing that he or she will not have an attorney appointed to represent him or
			 her. The sex offender shall further be notified that he or she may retain
			 private counsel; that he or she may have an authorized representative; or he or
			 she may represent himself or herself at 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 1.10 - Scheduling of the Classification Hearing

Current through Register 1525, July 5, 2024
(1)
In General
. The Board shall arrange the date, time and
			 place of the classification hearing.
(2)
Notification
.
			 Not less than 30 calendar days prior to the date of the classification hearing,
			 the Board shall notify the sex offender or his or her representative, if a
			 notice of appearance has been filed pursuant to
			 803 CMR
			 1.09(4), of the date, time
			 and place of the hearing. At such time, the sex offender or his or her
			 authorized representative shall also be provided with a copy of his or her
			 classification file.
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 1.11 - Rescheduling the Classification Hearing

Current through Register 1525, July 5, 2024
(1)
Rescheduling by the Board
. The Board may change the
			 date, time, or place of the classification hearing. The Board shall send
			 written notification of any changes to the parties.
(2)
Sex Offender's Request to
			 Reschedule Prior to the Hearing Date
.
(a) No later than three business days before
			 a scheduled hearing, the offender may request, in writing, that his or her
			 hearing be rescheduled. The written request must include an affidavit and
			 supporting documentation explaining the reason(s) for the request to reschedule
			 the hearing. A request to reschedule a hearing filed without a supporting
			 affidavit or documentation will be denied.
(b) The Director of the Hearings Unit, or his
			 or her designee, shall rule on all requests to reschedule hearings.
(c) In evaluating a sex offender's request to
			 reschedule the hearing, the Board may consider such reasons as the following:
1. The amount of advance notice the sex
			 offender had of the hearing date;
2. The reasons or circumstances provided in
			 the affidavit;
3. The sex offender
			 or his or her authorized representative's ability to anticipate the
			 circumstances which resulted in the request to reschedule his or her
			 hearing;
4. Delay by the sex
			 offender in notifying the Board of his or her inability to attend the hearing;
			 and
5. The number of previous
			 requests to reschedule the hearing and the reasons provided in those previous
			 requests.
(d) A request
			 to reschedule a hearing based on a scheduling conflict of the sex offender's
			 attorney will not be granted unless the attorney provides an affidavit
			 identifying the following: case name, court and docket number, and the date the
			 court issued its order requiring the attorney to appear.
(e) A request to reschedule a hearing based
			 on the unavailability of a witness will not be granted unless the witness's
			 absence was unforeseeable and the offender or his or her authorized
			 representative demonstrates that his testimony is necessary for a fair hearing.
			 Except as provided for in
			 803 CMR
			 1.17, the Hearing Examiner may grant leave to
			 allow the witness, within a reasonable time, to submit written documents in
lieu
of live testimony.
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 1.12 - Failure of Sex Offender to Appear at the Classification Hearing

Current through Register 1525, July 5, 2024
(1)
Voluntary Waiver
. Failure of the sex offender to
			 appear at the scheduled hearing without good cause shown will be deemed a
			 voluntary waiver of his or her attendance at the hearing. The hearing shall
			 proceed as scheduled, without the offender present. The Hearing Examiner shall
			 make a final classification decision, pursuant to
			 803 CMR
			 1.20.
(2)
Good Cause to Reschedule
			 Hearing
. If the sex offender fails to appear at the scheduled
			 hearing, he or she shall have ten calendar days following the close of the
			 hearing to file a request to reschedule the hearing for good cause. The written
			 request must include an affidavit and supporting documentation explaining the
			 reason(s) for the request to reschedule the hearing. A request to reschedule a
			 hearing filed without a supporting affidavit or documentation will be denied.
To determine good cause, the presiding Hearing Examiner may
				consider such things as:
(a) The
			 amount of advance notice the sex offender had of the hearing date;
(b) The reasons or circumstances that
			 resulted in his or her inability to appear at the hearing; and
(c) The timing of the sex offender's
			 notification to the Board that he or she was unable to appear at the scheduled
			 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 1.13 - Ex Parte Communications

Current through Register 1525, July 5, 2024
(1)
General Provisions
.
(a) No party to a classification proceeding
			 before the Board shall submit to the Hearing Examiner or any employee of the
			 agency who is or may reasonably be expected to be involved in the final
			 decision making process any information, evidence, argument or advice, whether
			 written or oral, regarding any matter at issue, unless such submission is
			 offered openly during the course of the hearing or in writing after the
			 hearing, if allowed pursuant to
			 803 CMR 1.18. A copy of
			 any written submissions shall be offered immediately to all parties.
(b)803 CMR 1.13(1) will apply from the time
			 the sex offender requests a hearing to challenge his or her recommended
			 classification under
			 803 CMR
			 1.08 until the final classification is issued
			 pursuant to
			 803 CMR
			 1.20.
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 1.14 - Classification Hearings

Current through Register 1525, July 5, 2024
(1)
Scope of the Classification Hearing
. The hearing shall
			 be a
de novo
review of the evidence and be limited to
			 determining, by clear and convincing evidence, the sex offender's duty to
			 register and, if applicable, his or her final classification level. The Board
			 shall bear the burden of proof.
(2)
Closed to Public
. Hearings held by the Board are not
			 open to the public. For purposes of 803 CMR 1.14(2), correctional staff
			 required by the facility to be present at the hearing shall not be considered
			 members of the public.
(3) The
			 hearing may be conducted
via
video conference.
(4)
Conduct of the
			 Hearing
. The Hearing Examiner shall govern the conduct of every
			 phase of the hearing, including, but not limited to, the interpretation and
			 construction of
			 803 CMR 1.00 and the conduct
			 of all parties. All parties, authorized representatives, witnesses and other
			 persons present shall conduct themselves in a professional manner consistent
			 with the standards of decorum commonly observed in the courts of the
			 Commonwealth. If a party's conduct interferes with the orderly presentation of
			 the evidence, the Hearing Examiner may take any appropriate action, including,
			 but not limited to, continuing the hearing in the absence of the offending
			 participant and rendering a decision based on the evidence admitted.
(5)
Order of
			 Presentation
. Unless otherwise determined by the Hearing Examiner,
			 the Board proceeds first at all stages in the hearing, except that the Board
			 proceeds last with its closing argument.
(6)
Swearing in of
			 Witnesses
. A witness's testimony shall be under oath or
			 affirmation, administered by the Hearing Examiner.