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 1.32 - Board's Reclassification of Sex Offender

Universal Citation: 803 MA Code of Regs 803.1

Current through Register 1531, September 27, 2024

(1) General Principles. Pursuant to M.G.L. c. 6, § 178L(3), the Board may reclassify any finally classified sex offender upon receipt of information that indicates the offender may present an increased risk to reoffend or degree of dangerousness.

(2) Reclassification may be based on, but is not limited to, information indicating the sex offender has:

(a) Been investigated for or charged with committing a new sex offense;

(b) Been convicted of a new sex offense;

(c) Been adjudicated a sexually dangerous person, pursuant to M.G.L. c. 123A;

(d) Been terminated from a sex offender treatment program;

(e) Violated the terms or conditions of community supervision;

(f) Been incarcerated for more than 60 consecutive days at any time following final classification by the Board;

(g) Failed to comply with the provisions of M.G.L. c. 6, §§ 178C through 178Q; or

(h) Demonstrated a lack of stability in the community.

(3) If a majority of the Full Board determines that the offender may present an increased risk to reoffend or increased degree of dangerousness, it shall authorize a review of the offender's current classification level. The Board shall notify the offender that his or her classification level is being reevaluated.

(4) During the reclassification process, the Board shall follow the same procedures as used in the classification process as set forth in M.G.L. c. 6, §§ 178C through 178Q and 803 CMR 1.06 through 1.24.

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