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 1.31 - Sex Offender's Request for Reclassification

Current through Register 1525, July 5, 2024
(1)
General
			 Principles
. The Board recognizes the risk to reoffend and the
			 degree of dangerous-ness posed by a sex offender may decrease over time. The
			 burden of proof shall be on the sex offender to show that his or her risk of
			 reoffense and degree of dangerousness posed to the public have decreased
			 following his or her final classification.
(2)
Requirements for Motion for
			 Reclassification
.
(a) No sooner
			 than three years after the date of his final classification pursuant to
			 803 CMR
			 1.08, or
			 803 CMR
			 1.20, a sex offender who is finally
			 classified as a Level 2 or 3 sex offender may file a written motion with the
			 Board to re-examine his or her classification level. Sex offenders who have
			 been convicted of a new sex offense may not seek reclassification sooner than
			 ten years from the date of the last classification decision.
(b) In his or her motion, the sex offender
			 shall include his or her full name, date of birth, address, sex offender number
			 (SON), name and address of legal representative (if applicable), name and
			 address of legal guardian (if applicable), the classification level sought, and
			 grounds for seeking reclassification.
(c) In his or her motion, the sex offender
			 shall include proof, by clear and convincing evidence, that his or her risk of
			 reoffense and the degree of dangerousness he or she poses to the public have
			 decreased since his or her final classification. In support of his or her
			 motion, the sex offender shall attach documentation that supports his or her
			 request for reclassification, including information pertaining to:
1. participation or completion of sex
			 offender treatment (Factor 32);
2.
			 stability of current environment and support systems (Factors 33 and
			 34);
3. successful completion of
			 probation (Factor 28);
4. physical
			 condition (Factor 31);
5.
			 psychological or psychiatric profiles indicating his or her risk to reoffend
			 (Factor 35); and
6. substance-free
			 and offense-free lifestyle in the community (Factors 9 and 29). The offender
			 may include with his or her motion any other additional information that may be
			 relevant to his or her request.
(d) The sex offender shall also include an
			 affidavit that provides an overview of his or her behavior and lifestyle during
			 the three years prior to the filing of his or her motion for
			 reclassification.
(e) The Board may
			 summarily deny, without a hearing, an offenders motion for reclassification if:
1. the offender is incarcerated;
2. the offender has pending criminal
			 charges;
3. the offender has not
			 remained offense free for more than three continuous years since his or her
			 last classification; or
4. 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 reclassification. The denial of a
				motion for reclassification under 803 CMR 1.31(2)(e) is not subject to Judicial
				Review.