Representative
Jones first offered the proposed changes during the House debate on the Fiscal
Year 2016 state budget in April.
Governor Charlie Baker later returned the proposal with some slight
modifications designed to ensure that the changes would not violate the
separation of powers doctrine of the state Constitution. The Legislature approved the governor’s
recommendations today.
In addition to prohibiting
the state’s Sex Offender Registry Board (SORB) from granting a stay of final
classification for longer than 60 days, the state’s courts would be restricted from
granting a similar stay on appeal for more than 60 days, unless accompanied by written
findings showing good cause for extending the stay. All court appeals related to SORB
classification would be subject to an expedited hearing process whenever a stay
is granted.
Representative
Jones said these changes will help to ensure that the public is protected from
dangerous individuals who are considered to pose a high risk of re-offending.
“If an individual
is required to register as a sex offender, they have a right to appeal their
classification, but they should not be able to manipulate the system in an
attempt to escape scrutiny for their crimes,” said Representative Jones. “The public has a right to know if there is a
dangerous sex offender living or working in their neighborhood, and limiting a
stay of final classification will help preserve the public’s ability to access
this information.”
There are
currently three levels of sex offender classification in Massachusetts. Level 1 sex offenders are considered to represent
a low risk of re-offending and therefore are not deemed dangerous enough to
warrant the release of their personal information to the public. As a result, this information is made
available only to certain local, state and federal agencies, including the Department of Correction, county
correctional facilities, the Department of Youth Services, the Department of
Social Services, the Parole Board, the Department of Probation and the
Department of Mental Health, as well as all city and town police departments
and the Federal Bureau of Investigation for law enforcement purposes.
Level 2 sex offenders are considered to be a moderate risk
of re-offending, while Level 3 sex offenders are deemed to pose a high risk of
re-offending. Due to public safety
concerns, information on both Level 2 and Level 3 sex offenders is readily
accessible to the public through the local police department and the SORB.
Under current law, a sex offender who has been classified by
the SORB can seek what is referred to as a 30A judicial review through the
court system. A stay of the classification
is typically granted pending the appeal, which results in the sex offender
essentially becoming declassified. When
this happens, the police cannot disclose information on these individuals to the
public because they technically are no longer designated as a Level 2 or Level
3 offender.
“The prospect of a sex offender being able to delay their
classification status indefinitely is completely unacceptable, given the
serious nature of these types of crimes,” said Representative Jones. “The changes approved today will provide
important protections for the public by tightening the current sex offender law
and upholding the public’s right to know.”
The sex offender classification changes are now on Governor Baker’s
desk awaiting his signature.
