the commonwealth of massachusetts executive office of public safety s ex o ffender r egistry b oard

THE COMMONWEALTH OF MASSACHUSETTSEXECUTIVE OFFICE OF PUBLIC SAFETY

Sex Offender Registry Board

Mission

The mission of the Sex Offender Registry Board is to promote public safety through educating and informing the public in order to prevent further victimization. This is accomplished through registering and classifying convicted sex offenders by risk of reoffense and degree of danger and disseminating the identifying information of those offenders who live, work and/or attend institutions of higher learning in the communities of the Commonwealth of Massachusetts.

Duty to Register• Convicted of a statutorily enumerated

“sex offense” or has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a “sex offense”

• Resides, works or attends an institution of higher learning in the Commonwealth (resides includes secondary address, incarceration, civil commitment or DYS custody)

Registration Once Classified

• Level 2 and Level 3

– Register directly with the Massachusetts police department in the city or town where the offender lives within two calendar days of being notified of Level 2 or Level 3 classification. (PD appointments can be scheduled)

• Level 1

‒ Register by mail directly with SORB

Dissemination of Information• Non-classified and Level 1 information is

for law enforcement purposes only. • Level 2 are on the SOR website if

classified after 7/12/13; otherwise if finally classified before 7/12/2013 their information may be requested, in writing, through the Board by offender name or through the police by requesting any sex offender information.

• Level 3 offender information is available upon request, is actively disseminated through community notification plans by police departments, and is listed on the Board’s website.

What The Board Does Not Have Authority To Do.

• Control where offenders live or work.• Control who the offenders socially

interact with.• Control the daily activities of offenders.• Arrest, sentence, incarcerate, enter

conditions of community supervision, or GPS.

• Develop, enforce or have any jurisdiction regarding local ordinances or bylaws seeking to regulate sex offenders.

REGISTRATION & CLASSIFICATION PROCESS

• Quasi-Legal process

• Process is guided by G.L. c. 6, § 178 C - Q and 803 CMR 1.00-1.41

• www.mass.gov/sorb

Preliminary Classification

• SORB notifies offender of his/her duty to register.

• Offender enters the system as “unclassified.”

• Offender is given 30 days to submit information on his behalf.

Preliminary Classification

• Interagency Collaboration (required by statute)

• Registration and Classification Specialists make every effort to obtain information from various agencies across all 50 states and U.S. territories:

‒ Court Dockets‒ Police and Investigative Reports‒ DOC/HOC/DYS‒ DMH‒ DCF‒ Parole Board‒ Probation Officers‒ Victim Services

Initiated Classifications

2013 2014

 • In the community: 358 381• Incarcerated: 298 483• Board Initiated: 185 78• Offender Requested: 140 114

Preliminary Classification

• Assembled file is assigned to a SORB Board member.

• Board composition is multi-disciplinary

• Assigned Board member reviews file and makes classification determination based on available data and an application of the regulatory factors.

Regulatory Factors

• 24 factors total; several containing subsections.

• Delineated by statute and regulation (SDP, victim impact, relationship to victim, treatment participation, etc.).

• Qualitative vs. quantitative analysis: the Board Members weighs the applicable factors and the particular circumstances of the individual offender’s history and personal situation and comes to a decision.

• 1) Risk of Reoffense,• 2) Dangerousness as a function of the severity and extent of

harm the offender would likely present to the public in the event of reoffense and

• 3) whether and to what degree public access to the offender’s personal and sex offender information is in the interest of public safety.

Classification Levels• Level 1: risk of reoffense is low and the degree of

dangerousness posed to the public is not such that a public safety interest is served by public availability of registration information.

• Level 2: risk of reoffense is moderate and the degree of dangerousness posed to the public is such that a public safety interest is served by public availability of registration information.

• Level 3: risk of reoffense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination of registration information.

Preliminary Classification

• Offender is sent notification of the recommended preliminary classification level; includes a form to return to SORB within 20 days.

• Three resulting scenarios:1) Accept the Level

2) Non-response

3) Challenge the Classification/ Request a Hearing

The Process of Scheduling Hearings

• Hearing Packet is received from Registration Classification Specialist (RCS) wherein the Offender has requested a hearing to challenge the preliminary level.

– Incarcerated offenders are always eligible for representation

– Non-incarcerated offenders are required to submit proof of indigency, if requested

– Once representation is determined, the hearing is scheduled through the HU Coordinator (as will be seen, involves many moving parts)

– Special accommodations– Schedules of our site locations

The Process of Scheduling Hearings• Hearings can last anywhere from 20 minutes to hours

or bifurcated over the course of multiple days.

• Hearing sites throughout the Commonwealth = total 38– HOCs = 13– Hearing sites for offenders in the community: Sheriff’s Dept. = 1; Police Departments = 3;

Courts = 1; HOCs Admin Bld. = 2– Videoconferencing with DOC and MTC = 9– State Hospitals = 4– Federal Prison = 1– DYS facilities = 3– MCI-Framingham (only state DOC facility we do not conduct video hearings)

• Participants‒ Hearing Examiner ‒ Petitioner’s Legal Representation ‒ Board Counsel‒ Expert Witness ‒ Character Witnesses‒ Interpreter (if required)

• Not open to the public

DE NOVO Hearing

• Evidentiary Hearing

• Board submits the preliminary packet and any new, updated information (often includes Board of Probation records, III, police reports and court dockets related to criminal history, DOC classification summaries, Victim Impact statements)

• Burden is on the Board

• Petitioner may submit letters of support from family and friends, documentation related to treatment progress, certificates of program completion, psychological reports and evaluations, etc.

• Petitioners may testify and call witnesses

Final Classification Decision

• Hearing Examiner takes all submitted evidence and writes a detailed, legal decision

– Rulings of motions and objections– Credibility determinations– Specific and detailed findings of fact– Rulings of law on disputed legal issues– Analysis of applicable regulatory factors– Conclusions regarding “risk of reoffense and the

degree of dangerousness posed to the public”– Hearing Examiner may maintain, decrease or

increase the recommended classification level

Final Classification Decision

• Final agency decision

• Victims and law enforcement are notified; public given access based on statutory requirements; and sex offender registers according to statutory requirements

• Petitioner and attorney receive a copy of decision; notified of his right to appeal to the Superior Court (C. 30A § 14)

• Petitioner can petition to have level reviewed every three years; if Board receives new information that impacts risk and degree of danger, SORB can initiate a reclassification

Registered and ClassifiedSex Offenders in Massachusetts

• Level 1 2,653• Level 2 6,079• Level 3 2,600

• Total 11,332

Victim Enrollment

Victims/Parents/GuardiansEnrolled with SORB

8606

Victim Inclusion• Victims referred to SORB by:

• District Attorney’s Office upon case disposition or SDP reviews

• Post-conviction agencies such as DOC, HOCs, Parole, and Probation

• Law Enforcement, AG’s Office and MOVA• Community based Victim Service

Agencies such as Rape Crisis Centers, Domestic Violence Agencies, Child Abuse Programs, Community VOICES

Victim Impact Statement

• SORL provides for victims and parents to submit Victim Impact Statements for Classification Process.

• VIS is evidence used in determining levels.

• Victims provide useful information regarding offender’s capacity to harm.

• SORB assists Victims with development of VIS.

Victim Safety• Victims use classification and registration

information for safety planning.

• Obtain restraining and harassment orders.

• Victims routinely monitor website for changes to offender’s reported whereabouts.

• SORB assists Victims with safety planning.

• SORB assists Victims throughout the offender’s length of obligation to register.

TOP 5 MISCONCEPTIONS ABOUT SORL1. Registry is a tool to reduce recidivism

• Truth: *Tool for victims and public to reduce opportunity for victimization

2. Offender monitoring law• Truth: *Community Notification Law

3. Classification is a clinical process• Truth: *Classification is a quasi-Legal process

4. SORB has authority to impose conditions or restrictions on offenders • Truth: *SORB has no legal role in the care, custody,

treatment, supervision or management of sex offenders.

5. SORB created the SORL• Truth: *SORB implements the SORL as directed by

law.

Authority• Jacob Wetterling Act; Megan’s Law; Adam Walsh Act .

• Massachusetts General Law, chapter 6, §§ 178C

through Q.

• 803 CMR 1.00 et seq.