HOUSE DOCKET, NO. 1609        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3628

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Nine

_______________

An Act relative to sex offender classification..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 178L of chapter 6 of the General Laws, as appearing in the 2006 official edition, is hereby amended striking paragraph (a) of subsection (1) and inserting in place thereof the following:

Not less than 180 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 reoffending 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 and his most recent attorney of record.   Such sex offender may submit such evidence to the board within 21 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 by no more than 30 days.  Upon reviewing such evidence, the board shall notify the sex offender within 30 days 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.  If the offender is found to be indigent as determined by the board using the standards under chapter 211D, counsel shall be appointed within 10 days.  Such sex offender shall petition the board for such hearing within 14 days of receiving such notice.  The board shall conduct such hearing within 60 days.  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.

SECTION 2.  Section 178L of chapter 6 of the General Laws, as appearing in the 2006 official edition, is hereby amended striking paragraph (c) of subsection (1) and inserting in place thereof the following:

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 reoffending and the degree of dangerousness posed to the public and his duty to register, if any, according to the provisions of section 178E.  If such sex offender is a juvenile at the time of such notification, notification shall also be mailed to the sex offender’s legal guardian and his most recent attorney of record.   Such sex offender may submit such evidence to the board within 21 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 notify the sex offender within 30 days 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 14 days of receiving such notice.  The board shall conduct such hearing within 60 days.  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.

SECTION 3.  The provisions of this bill shall be deemed to be retroactive to the fullest extent permitted under the Constitution of the United States and the Declaration of Rights of the Commonwealth of Massachusetts.

SECTION 4.  The provisions of this bill shall become effective upon passage.

SECTION  5.  Each section of this Act shall be separable and shall continue in effect if any provision hereof is deemed to be unconstitutional or otherwise ineffective.