Current through Register 1531, September 27, 2024
(1)
General Principles. Pursuant to M.G.L. c. 6, §
178K(2)(d), a sex offender may submit to the Board a written motion seeking
relief from a registration obligation. The burden of proof will be on the sex
offender to show that he or she does not qualify as a sex offender as defined
by M.G.L. c. 6, § 178C or does not pose a risk to reoffend or a danger to
the public.
(2)
Filing. A motion for relief from registration may be
in the form of a letter or petition and must be filed with the Board:
(a) prior to or upon submitting the
registration form pursuant to
803 CMR
1.05;
(b) upon submitting documentary evidence
pursuant to
803 CMR
1.06 and
1.07;
or
(c) at least ten business days
before the date of a scheduled classification hearing, pursuant to
803 CMR
1.10.
(3) Any motion for relief from registration
filed after the Board makes a final decision pursuant to
803 CMR
1.20 will be treated as a motion for
termination pursuant to
803 CMR
1.30 or as a motion for reclassification
pursuant to
803 CMR
1.31.
(4) Pursuant to M.G.L. c. 6, §
178K(2)(d), a sex offender is not eligible for relief from his or her duty to
register if the offender:
(a) has been
determined to be a sexually violent predator pursuant to M.G.L. c. 6, §
178K(2)(c);
(b) has been convicted
of two or more sex offenses involving a child, as defined by M.G.L. c. 6,
§ 178C, committed on different occasions;
(c) has been convicted of a sexually violent
offense, as defined by M.G.L. c. 6, § 178C; or
(d) has been convicted of a sex offense
involving a child, and has not already registered for at least ten
years.
(5)
Motions Filed During Recommendation Process.
(a) If the Board allows the motion for relief
from registration during the recommendation process pursuant to
803 CMR
1.06 through
1.08,
the Board shall make specific findings and provide written notification to the
sex offender. The Board shall promptly remove information pertaining to the
offender from the sex offender registry.
(b) If the Board notifies the sex offender
that he or she has a duty to register pursuant to
803 CMR
1.08, the motion for relief shall be deemed
denied. The sex offender may file a new motion for relief prior to the hearing,
pursuant to 803 CMR 1.29(2)(c), to be decided as part of the classification
process, pursuant to 803 CMR 1.29(6).
(6)
Motions Filed During
Classification Process.
(a) If
the Board denies the sex offender's motion for relief during the recommendation
process and the offender has requested a hearing, or if the sex offender has
applied for relief pursuant to 803 CMR 1.29(2)(c) the classification hearing
shall proceed.
(b) At the hearing,
the sex offender shall have the burden to prove by clear and convincing
evidence that he or she is eligible for relief and that the circumstances of
the sex offender's offense in conjunction with the offender's criminal history
do not indicate a risk of reoffense or a danger to the public.
(c) If the Hearing Examiner allows the motion
for relief from registration after the classification hearing, the Hearing
Examiner shall make specific findings and provide written notification to the
sex offender, pursuant to M.G.L. c. 6, § 178K(2)(d) and
803 CMR
1.20. The Board shall promptly remove
information pertaining to the offender from the sex offender
registry.
