MA SEX OFFENDER
LEVEL INFORMATION
Contact a Sex Offender Classification Lawyer at (508) 343-0676 or CLICK HERE
LEVEL INFORMATION
SERIOUS CHARGES REQUIRE A SERIOUS DEFENSE
Attorney James Powderly represents individuals at hearings before the Sex Offender Registration Board. He is experienced in dealing with the issues of sex offenses and the process of fighting the initial classification. With Attorney Powderly’s knowledge and experience working on your behalf you have a much greater chance at lowering your classification level in Massachusetts.
- More Information Regarding Sex Offender Registration Requirements
- More Information Regarding Failure to Register as a Sex Offender
LEVEL ONE OFFENDER:
The designation given to a sex offender when it has been determined that the individual’s risk of reoffense is low and the degree of dangerousness posed to the public is not such that a public safety interest is served by public access to information pertaining to the offender.
LEVEL TWO OFFENDER:
LEVEL THREE OFFENDER:
The designation given to a sex offender when it has been determined that the individual’s risk of reoffense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination (community notification) of sex offender registry information.
Contact a Sex Offender Classification Lawyer at (508) 343-0676 or CLICK HERE
WHAT INFORMATION IS CONTAINED IN THE SEX OFFENDER REGISTRY?
• The Sex Offender’s Name, Aliases Used, Date and Place of Birth, Sex, Race, Height, Weight, Eye and Hair Color, Social Security Number, Home Address and Work Address and, if the Sex Offender Works at or Attends an Institution of Higher Learning, the Name and Address of the Institution;
• Photographs and Fingerprints of the Sex Offender;
• A description of the offense the sex offender committed, the city or town where the offense occurred, the date of conviction or adjudication and the sentence imposed;
• Any other information which may be useful in assessing the sex offender’s risk of reoffending and degree of dangerousness; and
• Any other information which may be used in identifying the sex offender’s risk of reoffending and degree of dangerousness; and
• Any other information which may be useful in identifying the sex offender.
in Massachusetts, contact the Powderly Law Offices
immediately at (508) 343-0676.
SEX OFFENDER CLASSIFICATION HEARING LAW
Chapter 6: Section 178L. Classification of sex offenders by board; hearings; right to counsel
(1) Upon review of any information useful in assessing the risk of reoffense and the degree of dangerousness posed to the public by the sex offender, including materials described in the board guidelines and any materials submitted by the sex offender, the board shall prepare a recommended classification of each offender. Such recommendation may be made by board staff members upon written approval by one board member; provided, however, that if the sex offender was a juvenile at the time of the offense, written approval must be given by a board member who is a licensed psychologist or psychiatrist with special expertise in the assessment and evaluation of juvenile sex offenders.
(a) Not less than 60 days prior to the release or parole of a sex offender from custody or incarceration, the board shall notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register according to the provisions of section 178E. If the sex offender is a juvenile at the time of such notification, notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the juvenile in the absence of a legal guardian and his most recent attorney of record. Such sex offender may submit such evidence to the board within 30 days of receiving such notice from the board. Upon a reasonable showing, the board may extend the time in which such sex offender may submit such documentary evidence. Upon reviewing such evidence, the board shall promptly notify the sex offender of the board’s recommended sex offender classification, his duty to register, if any, his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding. Such sex offender shall petition the board for such hearing within 20 days of receiving such notice. The board shall conduct such hearing in a reasonable time according to the provisions of subsection (2). The failure timely to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.
(b) The district attorney for the county where such sex offender was prosecuted may, within ten days of a conviction or adjudication of a sexually violent offense, file a motion with the board to make an expedited recommended classification upon a showing that such sex offender poses a grave risk of imminent reoffense. If the petition is granted, the board shall make such recommendation within ten days of the expiration of the time to submit documentary evidence. If the petition is not granted, the board shall make such recommended classification as otherwise provided in this section.
(c) In the case of any sex offender not in custody, upon receiving registration data from the agency, the police department at which the sex offender registered, the sentencing court or by any other means, the board shall promptly notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register, if any, according to section 178E. If such sex offender is a juvenile at the time of such notification, notification shall also be mailed to such sex offender’s legal guardian or agency having custody of the juvenile in the absence of a legal guardian and his most recent attorney of record. Such sex offender may submit such evidence to the board within 30 days of receiving such notice from the board. Upon a reasonable showing, the board may extend the time in which a sex offender may submit such documentary evidence. Upon reviewing such evidence, the board shall promptly notify such sex offender of the board’s recommended sex offender classification, his duty to register, if any, and his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding. Such sex offender shall petition the board for such hearing within 20 days of receiving such notice. The board shall conduct such hearing in a reasonable time according to the provisions of subsection (2). The failure timely to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.
(2) If an offender requests a hearing in accordance with subsection (1), the chair may appoint a member, a panel of three board members or a hearing officer to conduct the hearing, according to the standard rules of adjudicatory procedure or other rules which the board may promulgate, and to determine by a preponderance of evidence such sex offender’s duty to register and final classification. The board shall inform offenders requesting a hearing under the provisions of subsection (1) of their right to have counsel appointed if a sex offender is deemed to be indigent as determined by the board using the standards under chapter 211D. If the sex offender does not so request a hearing, the recommended classification and determination of duty to register shall become the board’s final classification and determination and shall not be subject to judicial review. All offenders who are juveniles at the time of notification shall be represented by counsel at the hearing.
Contact a Sex Offender Classification Lawyer at (508) 343-0676 or CLICK HERE
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