Sex Offender Registry Board

What is the Sex Offender Registry Board and what does it do

1. What is the current status of the Sex Offender Registry?

The Sex Offender Registry Board is now able to follow all of the requirements of the Sex Offender Registry Law. On June 28, 2001, the Massachusetts Supreme Judicial Court ("SJC") decided Roe v. Attorney General, 434 Mass. 418 (2001) in which the Court concluded that the Sex Offender Registry ("Board") can require an offender to provide his or her home and work address prior to providing the offender a hearing to determine whether or not the offender had to register. In addition, the SJC concluded that the Board can transmit this data, and other data regarding the offender, to police departments prior to the offender having the opportunity to challenge the recommended classification at an administrative hearing. Police departments, however, cannot disseminate this information to the public until the Board classifies the offender and the offender has an opportunity to challenge that recommended classification at an administrative hearing. The SJC's decision reversed a Superior Court judge's November 5, 1999 order that prohibited the Board from requiring an offender to register until the Board offered him/her the opportunity for a hearing to determine whether he/she poses a danger to children or other vulnerable persons.

2.What is the Sex Offender Registry Board and what does it do?

The Sex Offender Registry Board (Board) consists of seven members appointed by the Governor. The Board must include at least one person with experience and knowledge in the field of criminal justice who shall act as chairperson; at least two licensed psychologists or psychiatrists with special expertise in the assessment and evaluation of sex offenders and who have knowledge of the forensic mental health system; at least one licensed psychologist or psychiatrist with special expertise in the assessment and evaluation of sex offenders, including juvenile sex offenders and who has knowledge of the forensic mental health system; at least two persons who have at least five years of training and experience in probation, parole or corrections; and at least one person who has expertise or experience with victims of sexual abuse.
The Board is a public safety agency responsible for protecting vulnerable members of our communities from sex offenders. The Board is responsible for promulgating guidelines for determining a sex offender's level of risk of reoffense and the degree of dangerousness posed to the public, as well as providing relief from the obligation to register. In addition, the Board is responsible for developing guidelines for use by city and town police departments in disseminating sex offender registry information.

3. Can a member of the public find out about sex offenders on the registry?

Any person seeking sex offender information can make a request to the Board directly or they may go to his/her local police department to obtain the information. Additionally, the Board intends to post Level 3 sex offender information on its Internet Web site and is awaiting the approval of the Superior Court to begin Internet publication of Level 3 sex offender information.
For a more complete description of how to obtain sex offender information, please visit our Sex Offender Information Available at Local Police Departments, Sex Offender Information Available Through Written Request to the Sex Offender Registry Board, or Information about Sex Offenders in your Community pages.

4. Once a person receives registry information, may he/she share that information with others?

Yes. The law does not prohibit secondary dissemination. As long as the information was obtained in accordance with the law, there is no prohibition against the information being shared with others.

5. Are there any restrictions as to what a member of the public may do with sex offender information?

Information contained in the Sex Offender Registry shall not be used to commit a crime against a sex offender or to engage in illegal discrimination or harassment of an offender. Any person who improperly uses Sex Offender Registry Information will be punished by not more than two and one-half years in the house of correction or by a fine of not more than $1,000 or both such fine and imprisonment.

6. Who is Megan (i.e. 1-800-93Megan)?

Megan Kanka was a seven-year-old girl from New Jersey who was raped and murdered in July 1994 by a convicted sex offender that lived across the street. In light of this horrible incident, Congress passed an amendment to the Violent Crime Control Act and Law Enforcement Act entitled "Megan's Law." This federal law requires each state to establish some form of sex offender community notification.

7. How can a member of the public learn more about the Sex Offender Registry?

The Board will offer various trainings for law enforcement, school officials, day care providers, and other segments of the public at large concerning sex offender information and the Sex Offender Registry. In addition, you may call the Sex Offender Registry Board directly at (978) 740-6400 or (800) 93MEGAN.