SORB Q&A

All information below is pursuant to M.G.L. c. 6, §§ 178C through 178Q and 803 CMR 1.00. (as noted)

The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

I just got out, when do I need to register?

As soon as you get out you must report to the police station within 2 days and annually after that. In addition you will need to mail the registry board this information annually. (see Below)

Section 178F. Except as provided in section 178F1/2 for a sex offender finally classified by the board as a level 2 or a level 3 sex offender, a sex offender required to register pursuant to sections 178C to 178P, inclusive, shall annually verify that the registration data on file with the board remains true and accurate by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury, the sex offender’s name, date of birth, home address or intended home address, any secondary addresses or intended secondary addresses, work address or intended work address and, if the sex offender is or intends to become a part-time or full-time employee of an institution of higher learning, the name and address of said institution and, if the sex offender is a part-time or full-time student at an institution of higher learning or intends to become a part-time or full-time student of an institution of higher learning, the name and address of said institution of higher learning.

In addition, in each subsequent year during the month of birth of any sex offender required to register, the board shall mail a nonforwardable verification form to the last reported address of such sex offender.

Section 178F1/2. An incarcerated sex offender finally classified by the board as a level 2 or level 3 sex offender who is required to register under sections 178C to 178P, inclusive, shall appear in person within 2 days of release from the custody of an agency, including the department of correction, the department of youth services or any of the houses of correction, at the local police department in the city or town in which the sex offender lives, or if the sex offender does not reside in the commonwealth, in the city or town in the commonwealth in which the sex offender has a secondary address, works or attends an institution of higher learning, to register; but no such obligation to register in person shall arise where the pertinent address is the same as that provided to the board by the offender before his release under subsection (a) of section 178E

I am going to a reclassification hearing, what do I need to know?

It is the time offense free in the community that will carry the most weight with the board, please see factors below:

803 CMR

1.31: Sex Offender’s Request for Reclassification

(1) General Principles. The Board recognizes the risk to reoffend and the degree of dangerousness posed by a sex offender may decrease over time. The burden of proof shall be on the sexoffender 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

1.33: continued RISK-MITIGATING FACTORS

(29) Factor 29: Offense-Free Time in the Community.
(a) Adult Male. The likelihood of sexual recidivism decreases the longer the sex offender has had access to the community without committing any new sex offense or non-sexual violent offense. The risk of reoffense decreases for most offenders after living in the community offense-free for five to ten years. The risk of reoffense lowers substantially after ten years of offense-free time in the community.
(32) Factor 32: Sex Offender Treatment. In order for factor 32 to apply, it shall be the responsibility of the offender to provide documentation from a treatment provider verifying his treatment participation or completion. This documentation must, at minimum, include: the name and license number of the offender’s treatment provider; the treatment provider’s description of the treatment program’s milieu, methodology, goals, and objectives; and a record of the offender’s attendance, level of participation, and degree of progress.

(a) Adult Male. The Board has determined that participation in or successful completion of sex offense-specific treatment, specifically in a program utilizing a cognitive-behavioral modality, such as Relapse Prevention, Risk-Needs-Responsivity, or Good Lives, is a risk-reducing factor. The Board may also consider pharmacological treatment for paraphilic disorders as risk reducing. The risk-mitigating weight applied to factor 32 varies in degrees based on the following:
1. Completion of Treatment. In general, offenders who have successfully completed a treatment program have lower rates of reoffense than those who have not. Participation in treatment through the end of a term of incarceration or community supervision is not considered “completion of treatment” unless there is documentation that the offender met all the goals of the program.
(33) Factor 33: Home Situation and Support Systems.
(a) Adult Male. Factor 33 is applied to an offender who is currently residing in a positive and supportive environment. The likelihood of reoffense is reduced when an offender is supported by family, friends, and acquaintances. The Board shall give greater mitigating consideration to evidence of a support network that is aware of the offender’s sex offense history and provides guidance, supervision, and support of rehabilitation.
(34) Factor 34: Materials Submitted by the Sex Offender Regarding Stability in the Community.

I am in a shelter, when do I need to register?

You must report to the police station within 2 days and every 30 days after that.

Section 178. . A homeless sex offender shall verify registration data every 30 days with the board by mailing to the board on a form approved by the board and signed under the pains and penalties of perjury the sex offender’s name, date of birth, primary address, any secondary addresses and work address.

Section 178F1/2. . . A homeless sex offender shall appear in person at such local police department every 30 days to verify, under the pains and penalties of perjury, that the registration data on file remains true and accurate.

I am a level 2, why am I on the police website?

The easiest answer is that nothing says you can not be, the below does not state what “internet” site.
According to the mass.gov site, https://www.mass.gov/info-details/levels-of-sex-offenders , “The public can only access Level 2 offender data on the internet for sex offenders classified after July 12, 2013. Complete Level 2 offender data including those classified prior to July 12, 2013 is accessible through police departments and by named individual SORI requests through the Sex Offender Registry Board.”

When do I need to register at a second address?

If you stay overnight more that 14 times in a calendar year or 4 nights in a calendar month you must register it as a second address.

Section 178C: ”Secondary addresses”, the addresses of all places where a sex offender lives, abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not a sex offender’s primary address; or a place where a sex offender routinely lives, abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not a sex offender’s permanent address, including any out-of-state address.

Can I ever be removed from the registry?

Yes you can petition after a 10 year period provided you have been offense free.

Section 178G. . . . A person required to register with the sex offender registry board may make an application to said board to terminate the obligation upon proof, by clear and convincing evidence, that the person has not committed a sex offense within ten years following conviction, adjudication or release from all custody or supervision, whichever is later, and is not likely to pose a danger to the safety of others. For so long as such sex offender is under a duty to register in the commonwealth or in any other state where the offender resides or would be under such a duty if residing in the commonwealth, such sex offender shall not be entitled to relief under the provisions of section 100A or 100B of chapter 276.

I am volunteering for an organization, do I need to register this as a job?

Yes, according to law the definition of employment is defined as “compensated or uncompensated”

Section 178C: ”Employment”, includes employment that is full-time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether compensated or uncompensated.

How long do I need to register for?

You must register for a period of 20 years after any and all sentences, parole or probation have been completed with exceptions noted below.

Section 178G. The duty of a sex offender required to register pursuant to this chapter and to comply with the requirements hereof shall, unless sooner terminated by the board under section 178L, end 20 years after such sex offender has been convicted or adjudicated or has been released from all custody or supervision, whichever last occurs, unless such sex offender was convicted of two or more sex offenses defined as sex offenses pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071, committed on different occasions, has been convicted of a sexually violent offense; has been determined by the sentencing court to be a sexually violent predator, or if such sex offender is otherwise subject to lifetime registration requirements as determined by the board pursuant to section 178D, in which cases the duty to register shall never be terminated.