Massachusetts Law About Sex Offenders
- MGL c.6 s.178C-178P: Sex Offender Registry Law.
- MGL c.123A: Sexually Dangerous Persons.
- MGL c.265, s.13B, 13B-1/2, and 13B-3/4. "Jessica's Law." Provides mandatory sentences for certain sexual assault crimes against children.
- MGL c.265, s.48 Sex offenders may not drive ice cream trucks.
803 CMR 1: Sex Offender Registry Board.
42 USC 13663 Ineligibility of Dangerous Sex Offenders for Admission to Public Housing
Coe, et al. v. Sex Offenders Registry Board, 442 Mass. 250 (2004). Permits posting of Level 3 Sex Offender information on the Internet.
Commonwealth v. Blake, 454 Mass. 267 (2009). The Massachusetts SJC decided that judges have within 30 days of a trial to issue rulings in regards to deciding whether a defendant should be held indefinitely as a sexually dangerous offender.
Commonwealth v. Cole, 468 Mass. 294 (2014). Court held that "community parole supervision for life" under MGL c.127, s.133D (c) is an unconstitutional violation of separation of powers. The court determined that severing that section was not the proper remedy, and so decided to "strike § 133D in its entirety and order that CPSL sentences,whether imposed pursuant to G. L. c. 6, § 178H (a), or G. L. c. 265, § 45, be vacated."
Commonwealth v. Cory, 454 Mass. 559 (2009). Because MGL c.265, § 47 is punitive in effect, a sex offender convicted before the effective date of § 47 (December 20, 2006) cannot be required "to be monitored by the probation department with a GPS tracking device during his probationary term" as required by that statute.
Commonwealth v. Hunt, 462 Mass. 807 (2012). "Where sex offender treatment is conditioned on a waiver of confidentiality, refusal of treatment alone is insufficient to support an inference that the prisoner does not want to be treated. ... Therefore, although evidence that a defendant in an SDP civil commitment proceeding did not receive sex offender treatment is admissible, we conclude that it is error to admit evidence that a defendant refused sex offender treatment where he could receive such treatment only by waiving confidentiality."
Doe v. Boston Police Commissioner, 460 Mass. 342 (2011). A level three sex offender was entitled to a hearing before MGL c.6, s.178K (2)(e) (barring level three offenders from rest homes) could be applied against him.
Doe v. Sex Offenders Registry Board, 460 Mass. 336 (2011). The right to a classification hearing is not waived by failure to appear. The Sex Offender Registry Board exceeded its authority in enacting 803 CMR 1.13(2).
Doe, Sex Offender Registry Bd. No. 16748 v. Sex Offender Registry Bd., 82 Mass. App. Ct. 152 (2012). "the board lacked authority to adopt regulations purporting to authorize it to declare that the classification level could be increased absent conviction of a new sex offense."
Moe v. Sex Offender Registry Board, 467 Mass. 598 (2014). Amended law requiring publication on the Internet of the sex offender registry information of individuals who were finally classified as level two sex offenders cannot be applied retroactively to those who were classified before the law was passed.
Obtaining Information About Sex Offenders, Mass. Sex Offender Registry Board. How to Search Sex Offender Information in Massachusetts.
National Sex Offender Public Registry, US Dept. of Justice. Allows the user to search sex offender information from all states' individual databases at the same time. Searches must be done by name, not just by locality.
Information for Sex Offenders, Sex Offender Registry Board.
Sex Offender Registration and Notification, Committee for Public Counsel Services.
Sexually Dangerous Person Commitments, Committee for Public Counsel Services.