Current through Register 1531, September 27, 2024
(1)
Board's Discovery
Obligations.
(a) At the same
time the Board notifies the sex offender of the arrangements for his or her
classification hearing pursuant to
803 CMR
1.10, the Board shall also provide him or her
with a copy of his or her classification file.
(b) No later than ten calendar days before
the scheduled hearing, the Board shall send to the sex offender, or his or her
authorized representative, a copy of any additional documents the Board intends
to introduce into evidence at the classification hearing.
(c) A Board employee shall redact data from
Board's discovery documents that are deemed to be privileged, confidential,
investigatory, intelligence information, or information that identifies a
victim. Such redacted data shall not: be introduced into evidence; be
communicated to the Hearing Examiner; or become part of the record.
(2)
Sex Offender's
Discovery Obligations. No later than ten calendar days before the
scheduled hearing, the offender shall provide the Board with copies of all
documents he or she intends to introduce as evidence at the classification
hearing.
(3)
Witnesses. No later than ten calendar days before the
scheduled hearing, each party shall provide the Board's Hearings Unit with a
complete witness list. A witness list is not complete unless it includes all of
the following information for each witness: the name, address, date of birth,
and relationship to the offender (e.g., family member,
therapist, Expert Witness, etc.). The Hearing Examiner shall
exclude the testimony of any witness not properly identified on the witness
list. The failure to provide sufficient information may result in a witness
being denied entry into correctional facilities.
(4) The Hearing Examiner may permit a party
to supplement or amend a witness list no later than five calendar days prior to
the scheduled hearing date only if the moving party provides good cause for the
additional time.
(5)
Expert Witnesses.
(a) If a party intends to rely on the opinion
of an Expert Witness at the classification hearing, a report or a written
substantive summary of the Expert Witness's anticipated testimony must be
provided to the other party at least ten calendar days prior to the scheduled
hearing date. This report or summary must include the name of each Expert
Witness who is anticipated to testify, the subject matter of such testimony,
and the substance of the facts and opinions of the anticipated testimony. The
party intending to rely on an Expert Witness shall also provide the curriculum
vitae of the Expert Witness.
(b) Failure to comply with 803 CMR 1.17(5)(a)
will result in the exclusion of an Expert Witness's report and testimony from
evidence.
(c) At the classification
hearing, a party shall be permitted to introduce into evidence an Expert
Witness's written report, including his or her opinion as to the offender's
risk of reoffense and/or dangerousness, only if the author of the report is
called to testify at the hearing and is otherwise qualified as an expert in the
area that he or she is being called to testify. The failure to call the Expert
Witness to testify at the hearing will result in the exclusion of so much of
the report as expresses the Expert Witness's opinion as to the sex offender's
risk of reoffense or degree of dangerousness.
(d)
Board's Intention to Rely on
Expert Witness at Hearing. Pursuant to M.G.L. c. 6, § 178L,
in any case where the Board intends to rely on the testimony or report of an
Expert Witness, as defined in
803 CMR 1.03, the
Board shall notify the sex offender or his or her authorized representative of
this intention. In the event that the Board intends to rely on an Expert
Witness and the sex offender has been found to be indigent, the Board shall
notify the offender or his or her authorized representative that he or she may
apply for and the Board may grant the payment of fees for an Expert
Witness.
