Code of Massachusetts Regulations
803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES
Title 803 CMR 1.00 - Sex Offender Registry Board, Registration, Classification and Dissemination
Section 1.26 - Registration Requirements and Dissemination of Information

Universal Citation: 803 MA Code of Regs 803.1

Current through Register 1531, September 27, 2024

(1) A sex offender who has not been finally classified or is finally classified as a Level 1 sex offender shall register annually in accordance with the requirements in M.G.L. c. 6, §§ 178E, 178F and 178Q. The general public shall not have access to this sex offender information, pursuant to M.G.L. c. 6, §§ 178D, 1781, 178J and 178K(2)(a).

(2) A sex offender who is finally classified as a Level 2 or Level 3 sex offender shall register in accordance with the requirements in M.G.L. c. 6, §§ 178E, 178F1/2 and 178Q. The public shall have access to this sex offender information, pursuant to M.G.L. c. 6, §§ 178D, 1781, 178J and 178K(2)(b) and (c).

(3) A Level 3 sex offender designated as a sexually violent predator, pursuant to M.G.L. c. 6, § 178K(1)(c) shall register in accordance with the requirements in M.G.L. c. 6, §§ 178E, 178F1/2 and 178Q. The public shall have access to this sex offender information, pursuant to M.G.L. c. 6, §§ 178D, 1781, 178J and 178K(2)(b) and (c),

(4) Dissemination of Information to Victims. Upon the request of a victim who has enrolled with the Board's Victim Services Unit, the Board may inform that victim of the sex offender's final registration and classification determination.

(5) Updating Information. Pursuant to M.G.L. c. 6, § 178D, the Board is required to keep the registry up-to-date and accurate. Pursuant to M.G.L. c. 6, §§ 178E, 178F and 178F1/2, the sex offender is required to verify that his or her registration data is current and accurate. Upon verifying registration data or giving notice of a change of address or intended change of address, the sex offender shall provide independent written verification of the address at which he or she is registered or, if changing address, will be registered. For purposes of 803 CMR 1.26(5), independent written verification shall include:

Any two types of the following five types of unaltered original documents bearing the name of the sex offender and his or her present address:

(a) rent or mortgage receipt;

(b) utility bill;

(c) bank or credit card statement;

(d) passport, driver's license or official photo identification issued by the Registry of Motor Vehicles; and

(e) any other current written document the Sex Offender Registry Board deems sufficient. With the exception of a passport, driver's license or official photo identification issued by the Registry of Motor Vehicles, all other documentation must be dated within 45 days of presentation to the Sex Offender Registry Board or the police department.

(6) Sex Offender Registration Fee.

(a) Pursuant to M.G.L. c. 6, § 178Q, the sex offender shall pay an annual sex offender registration fee to the Board.

(b) Waiver. The sex offender may request that the Board waive payment of the sex offender registry fee. The request must be made on a form approved by the Board and submitted to the Board at the time the sex offender submits his or her registration form to the Board. The Board may waive the fee if it determines that payment would constitute an undue hardship on the offender or his or her family due to limited income, employment status, or any other relevant factor. The Board shall use the indigency standards developed pursuant to M.G.L. c. 21 ID to determine whether the payment of the fee constitutes an undue hardship on the offender. If the Board determines that payment of the fee is not an undue hardship, the Board shall notify the offender informing the offender that he or she must pay the fee within ten days of receiving the notice. If the Board determines that payment of the fee is an undue hardship, it shall waive the fee for the offender for one year. The offender may renew his or her request for a waiver when payment of his next annual fee is due.

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