HOUSE DOCKET, NO. 3778        FILED ON: 5/27/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3471

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to bring the Massachusetts Sex Offender Registry into compliance with the requirements of the federal Sex Offender Registration and Notification Act.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to The deferred operation of this act would tend to defeat its purpose, which is to protect forthwith the public from sexual offenders, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety and convenience, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public [Emergency Preamble Context].
 

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

May 26, 2011

To the Honorable Senate and House of Representatives:

I respectfully submit for your consideration “An Act to Bring the Massachusetts Sex Offender Registry into Compliance with the Requirements of the Federal Sex Offender Registration and Notification Act.”

Title I of the federal Adam Walsh Child Protection and Safety Act of 2006, the Sex Offender Registration and Notification Act, or “SORNA,” seeks to establish a uniform national sex offender database by setting forth numerous requirements that all state sex offender registries must meet.  The SORNA requirements will strengthen the Commonwealth’s sex offender registry statute and, in turn, better protect the public by more quickly identifying changes in sex offender registration information and communicating that information to law enforcement and the public.  In addition, failure to substantially implement SORNA by July 27, 2011, will subject the Commonwealth to forfeiture of 10% of its federal Byrne/Justice Assistance Grant funds.

The Massachusetts Executive Office of Public Safety and Security and the Sex Offender Registry Board, in consultation with the Massachusetts Attorney General’s office, have been working closely with the federal Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART) office within the U.S. Department of Justice for the last year to develop legislation that would bring Massachusetts into compliance with SORNA.  Under a provision of SORNA that honors state constitutional decisions, the SMART office has excused Massachusetts from implementing a number of SORNA requirements that run afoul of the Massachusetts Declaration of Rights, as construed by decisions of the Supreme Judicial Court.  The bill I am submitting includes the content that the SMART office would require in order to find that Massachusetts has substantially implemented SORNA’s requirements.

To improve public safety and prevent the federal financial penalties for failure to comply with SORNA, I urge your prompt action on this bill.

Sincerely,

DEVAL PATRICK

SECTION 1.  The general court hereby finds that: (1) the danger of recidivism posed by sex offenders to be grave and that the protection of the public from sex offenders is of paramount interest to the government; (2) given the use of the internet and high-speed travel, sex offenders can quickly and easily victimize the public from great distances or enter and leave the commonwealth in a matter of hours to victimize the public; (3) because of their mobility, sex offenders can avoid sex offender registration by constantly moving to different cities and towns within the commonwealth and to and from other jurisdictions; (4) to best protect the public from sex offenders, jurisdictions across the nation should freely share their information about their registered sex offenders so that all jurisdictions can quickly identify sex offenders and notify the public about their presence in communities in the commonwealth and across the nation; (5) to protect the citizens of the commonwealth from sex offenders from other jurisdictions, law enforcement agencies and the public need the ability to quickly and easily obtain information identifying sex offenders from other jurisdictions; (6) because there is great diversity among the systems in each jurisdiction regarding registering sex offenders, what information is maintained about each sex offender, and what information is disseminated to law enforcement agencies and the public, Congress enacted the Sex Offender Registration and Notification Act, 42 U.S.C. §§ 16911 – 16929, to create a national system that would establish uniformity in the registration of sex offenders, the maintenance of information about sex offenders, and law enforcement and the public’s access to sex offenders’ information so that the commonwealth and other jurisdictions can effectively and efficiently obtain and share information about all sex offenders throughout the nation; (7) the commonwealth’s failure to comply with the federal Sex Offender Registration and Notification Act will result in a 10 percent reduction of funds allocated to the commonwealth from the federal Edward Byrne memorial state and local law enforcement assistance program, 42 U.S.C. § 3750; (8) to protect the health and safety of the citizens of the commonwealth and the nation, and to provide law enforcement agencies with greater access to information about convicted sex offenders to allow them to solve crimes and protect the public, the commonwealth should bring its sex offender registration statute into compliance with the requirements of the federal Sex Offender Registration and Notification Act and participate in the national system created by this act.

SECTION 2. Chapter 6 of the General Laws is hereby amended by striking out sections 178C to 178Q, inclusive, as appearing in the 2010 Official Edition, and inserting in place thereof the following 15 sections:-

Section 178C. Definitions

As used in sections 178C to 178Q, inclusive, the following words shall have the following meanings:

“Agency”, the department of correction, any county correctional facility, any federal correction facility, the department of youth services, the department of children and families, the parole board, the office of the commissioner of probation, the department of mental health, the department of developmental services and the trial court including any program providing administrative, security, treatment or rehabilitation services to sex offenders of any agency, whether the program is conducted under a contract with a private entity or otherwise. Notwithstanding any general or special law to the contrary, each agency shall be authorized to receive criminal offender record information and juvenile record information maintained by the department of criminal justice information services for the purpose of identifying sex offenders or concerning sex offenders in the care and custody of an agency.

“Board”, shall mean the sex offender registry board.

“Conviction” or “Convicted”, shall mean any judgment of conviction on a criminal charge in which a sentence is imposed whether by: (a) a finding of guilt; (b) an adjudication as a delinquent juvenile or a youthful offender; (c) a guilty finding or adjudication as a delinquent juvenile or a youthful offender that is placed on file; (d) a finding of not guilty by reason of insanity; (e) a similar disposition of another jurisdiction, United States or military, territorial or Indian tribal authority; or (f) a similar disposition of the nations of Canada, United Kingdom, Australia, New Zealand, or any other country the United States State Department, in its Country Reports on Human Rights Practices, has concluded had an independent judiciary that generally enforced the right to a fair trial during the year in which the convictions occurred. The aforementioned judicial dispositions shall constitute convictions whether they were sealed, expunged, or subject to similar relief under statute or any other rule of law unless relief was granted as part of vacating the conviction.

“Criminal History”, includes the date of all arrests and convictions, status of parole, probation or supervised release, sex offender registration, and outstanding arrest warrants for the sex offender.

“Custody”, shall include (a) confinement in any secure building, enclosure, space or structure for the jailing, incarceration, control, and rehabilitation of committed or convicted sex offenders operated by the department of correction, any county correctional facility or any federal correctional facility at which the sex offender so confined has no ability to live, work, or attend school in the community or (b) confinement or commitment in accordance to law to a secure building, enclosure, space or structure at which the sex offender so committed has no ability to live, work, or attend school in the community and which is operated by the department of youth services, department of mental health or the department of developmental services.

“Employment” or “Work”, includes work that is full-time or part-time for a (a) period of time exceeding 3 consecutive days excluding legal holidays, Saturdays and Sundays or (b) for an aggregate period of time exceeding 14 days during any calendar year, whether compensated or uncompensated, self-employed or working for an entity.  To “work” shall mean to perform employment or work as defined herein.

“Internet identifiers and addresses”, includes any names, aliases, pseudonyms, designations or monikers that the sex offender uses for purposes of routing or self-identification on the internet, including personal web site addresses, e-mail addresses, computer instant messaging screen names, and internet protocol addresses.

“Jurisdiction”, a state, the District of Columbia, the commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the United States Virgin Islands, or a federally recognized Indian tribe.

“Habitually lives”, includes any location in which a person has a residence or, if a person has no fixed residence, lives or stays with some regularity, including but not limited to homeless shelters, secondary addresses, or descriptive geographical locations within a town or city.

“Homeless”, describes persons who do not have a fixed residence or who identify a homeless shelter as their residence.

“Minor”, shall mean any person under 18 years of age.

“Register as a sex offender”, the act of a sex offender appearing in person before the agency which has custody of the sex offender or the appropriate local police department in order for:

(a) the sex offender to provide the following registration information:

(1) the names, aliases, primary or given names, nicknames, pseudonyms, internet identifiers, and ethnic or tribal names by which the sex offender is commonly known;

(2) the sex offender’s telephone numbers, including fixed location and mobile phones;

(3) the sex offender’s social security number;

(4) the sex offender’s residential address or intended residential address, any secondary addresses or intended secondary addresses, temporary lodging information, and if the sex offender is homeless or anticipates being homeless, the homeless shelters and the geographical locations, including districts, neighborhoods, sections and villages within cities and towns, in which the sex offender habitually lives or anticipates living;

(5) the sex offender’s employment status, and if employed, the employer’s name and address or intended employer’s name and address and, if the sex offender’s employment is such that his work is migratory, itinerant, or transient, the cities or towns where the sex offender habitually works;

(6) the names and addresses of any schools at which the sex offender is enrolled as a student or intends to enroll as a student;

(7) the sex offender’s vehicle information;

(8) a copy of the sex offender’s professional licensing information;

(9) a copy of the sex offender’s passport, visa, and any travel documents,, and if the offender is an alien, any documents establishing the immigration status of the offender;

(b) the agency which has custody of the sex offender or the local police department to:

(1) obtain the sex offender’s: date of birth, sex, race, height, weight, eye color, hair color, scars, marks, tattoos, photograph, fingerprints and palm prints;

(2) confirm that a copy of the sex offender’s driver’s license or identification card is included in the sex offender registry;

(3) confirm that the sex offender’s DNA sample has been collected for analysis in the Combined DNA Index System as required under chapter 22E;  and 

(4) confirm that all registration information has been entered accurately and completely into the sex offender registry.

“Registration information”,

(a) the names, aliases, primary or given names, nicknames, pseudonyms, internet identifiers, and ethnic or tribal names by which the sex offender is commonly known;

(b) the sex offender’s telephone numbers, including fixed location and mobile phones;

(c) the sex offender’s social security number;

(d) the sex offender’s residential address or intended residential address, any secondary addresses or intended secondary addresses, temporary lodging information, and if the sex offender is homeless, the homeless shelters and the geographical locations, including districts, neighborhoods, sections and villages within cities and towns, in which the sex offender habitually lives;

(e) the sex offender’s employment status, and if employed, the employer’s name and address or intended employer’s name and address and, if the sex offender’s employment is such that his work is migratory, itinerant, or transient, the cities or towns where the sex offender works;

(f) the names and addresses of any schools at which the sex offender is enrolled as a student;

(g) the sex offender’s vehicle information;

(h) a copy of the sex offender’s professional licensing information;

(i) a copy of the sex offender’s passport, visa, and any other travel and immigration documents;

(j) a copy of the sex offender’s driver’s license or identification card;

(k) the sex offender’s date of birth, sex, race, height, weight, eye, hair color, scars, marks, and tattoos;

(l) a current photograph of a sex offender;

(m) the statutory citation and text of the sex offense which gives rise to the sex offender’s obligation to register, the sentence imposed, the city or town where the offense occurred, the date of conviction, and the ages of the victim and the sex offender at the time of the sex offense, as provided by the board;

(n) the sex offender’s criminal history, as provided by the board;

(o) the sex offender’s fingerprints and palm prints; and

(p) a DNA profile of the sex offender.

“Residence”, the location where a person lives or will live, regardless of the number of days or nights spent there, and includes, but is not limited to: houses, apartment buildings, hotels, motels, boarding houses, homeless shelters, and recreational and other vehicles.  To “reside” shall mean to have a residence as defined herein. 

“School”, any public or private educational institution including any secondary, trade, vocational or professional institution, or any institution of higher learning.

“Second and subsequent conviction”, the later of 2 or more separate convictions. Multiple convictions resulting from a single act shall be treated as a single conviction, but arraignments occurring on the same date and resulting in multiple convictions shall be presumed to be the result of separate acts.

“Secondary addresses” or “Temporary Lodging Information”, the addresses of all places where a sex offender lives, abides, lodges, or stays for a period of 7 or more days in the aggregate during any calendar year and which is not a sex offender’s primary address; or a place where a sex offender routinely lives, abides, lodges, or resides for a period of 4 or more consecutive or nonconsecutive days in any month and which is not a sex offender’s permanent address, including any out-of-state addresses and identifying the place and the period of time the sex offender is staying there. 

“Sex offender”, any person who resides, has secondary address(es), works or is enrolled in school in the commonwealth and who at any time:

(a) was convicted of a sex offense or has been adjudicated a youthful offender or as a delinquent juvenile by reason of a sex offense;

(b) was adjudicated a sexually dangerous person under chapter 123A or was released from civil commitment under chapter 123A; or 

(c) had an obligation to register as a sex offender under the laws of any other jurisdiction, United States or military, territorial or Indian tribal authority.

“Sex offender registry”, the collected registration information and data that is received by the sex offender registry board under sections 178C to 178Q, inclusive, as the registration information and data is modified or amended by the sex offender registry board, authorized agency or a court of competent jurisdiction under sections 178C to 178Q, inclusive.

“Sex offense”, an indecent assault and battery on a child under the age of 14 under section 13B of chapter 265; aggravated indecent assault and battery on a child under the age of 14 under section 13B1/2 of chapter 265; a repeat offense under section 13B3/4 of chapter 265; indecent assault and battery on a person with an intellectual disability under section 13F of chapter 265; indecent assault and battery on a person age 14 or over under section 13H of chapter 265; rape under section 22 of chapter 265; rape of a child under the age of 16 with force under section 22A of chapter 265; aggravated rape of a child under the age of 16 with force under section 22B of chapter 265; a repeat offense under section 22C of chapter 265; rape and abuse of a child under section 23 of chapter 265; aggravated rape and abuse of a child under section 23A of chapter 265; a repeat offense under section 23B of chapter 265; assault with intent to commit rape under section 24 of chapter 265; assault of a child with intent to commit rape under section 24B of chapter 265; kidnapping of a child under the age of 16 under section 26 of chapter 265; enticing a child under the age of 16 for the purposes of committing a crime under section 26C of chapter 265; enticing away a person for prostitution or sexual intercourse under section 2 of chapter 272; drugging persons for sexual intercourse under section 3 of chapter 272;  inducing a minor into prostitution under section 4A of chapter 272; living off or sharing earnings of a minor prostitute under section 4B of chapter 272; inducing person under the age of 18 to have sexual intercourse under section 4 of chapter 272; second and subsequent adjudication or conviction for open and gross lewdness and lascivious behavior under section 16 of chapter 272, but excluding a first or single adjudication as a delinquent juvenile before August 1, 1992; incestuous marriage or intercourse under section 17 of chapter 272; disseminating to a minor matter harmful to a minor under section 28 of chapter 272; posing or exhibiting a child in a state of nudity under section 29A of chapter 272; dissemination of visual material of a child in a state of nudity or sexual conduct under section 29B of chapter 272; possession of child pornography under section 29C of chapter 272; unnatural and lascivious acts with a child under the age of 16 under section 35A of chapter 272; electronically surveilling partially nude or nude person under section 105 of chapter 272; engaging in sexual conduct for a fee with child under the age of 14 under section 53A of chapter 272;  aggravated rape under section 39 of chapter 277; any attempt to commit a violation of any of the aforementioned sections under section 6 of chapter 274; any conspiracy to commit a violation of any of the aforementioned sections under section 7 of chapter 274; accessory to any of the aforementioned sections; or a like violation of the laws of another jurisdiction, the United States or a military, territorial or Indian tribal authority, the nations of Canada, United Kingdom, Australia, New Zealand, or any other country the United States State Department, in its Country Reports on Human Rights Practices, has concluded had an independent judiciary that generally enforced the right to a fair trial during the year in which the convictions occurred.

“Sex offense involving a child”, an indecent assault and battery on a child under the age of 14 under section 13B of chapter 265; aggravated indecent assault and battery on a child under the age of 14 under section 13B1/2 of chapter 265; a repeat offense under section 13B3/4 of chapter 265; rape of a child under the age of 16 with force under section 22A of chapter 265; aggravated rape of a child under the age of 16 with force under section 22B of chapter 265; a repeat offense under section 22C of chapter 265; rape and abuse of a child under section 23 of chapter 265; aggravated rape and abuse of a child under section 23A of chapter 265; a repeat offense under section 23B of chapter 265; assault of a child with intent to commit rape under section 24B of chapter 265; enticing a child under the age of 16 for the purposes of committing a crime under section 26C of chapter 265; inducing person under the age of 18 to have sexual intercourse under section 4 of chapter 272; inducing a minor into prostitution under section 4A of chapter 272; living off or sharing earnings of a minor prostitute under section 4B of chapter 272; disseminating to a minor matter harmful to a minor under section 28 of chapter 272; posing or exhibiting a child in a state of nudity under section 29A of chapter 272; dissemination of visual material of a child in a state of nudity or sexual conduct under section 29B of chapter 272; possession of child pornography under section 29C of chapter 272; unnatural and lascivious acts with a child under the age of 16 under section 35A of chapter 272; engaging in sexual conduct with child under the age of 14 for a fee under section 53A of chapter 272; aggravated rape under section 39 of chapter 277; any enumerated sex offense where the victim is a minor; any attempt to commit a violation of any of the aforementioned sections under section 6 of chapter 274; any conspiracy to commit a violation of any of the aforementioned sections under section 7 of chapter 274; accessory to any of the aforementioned sections;; or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.

“Sexually violent offense”, indecent assault and battery on a child under 14 under section 13B of chapter 265; aggravated indecent assault and battery on a child under the age of 14 under section 13B1/2 of chapter 265; a repeat offense under section 13B3/4 of chapter 265; indecent assault and battery on a person with an intellectual disability under section 13F of chapter 265; rape under section 22 of chapter 265; rape and abuse of a child under section 23 of chapter 265; rape of a child under 16 with force under section 22A of chapter 265; aggravated rape of a child under 16 with force under section 22B of chapter 265; a repeat offense under section 22C of chapter 265; aggravated rape and abuse of a child under section 23A of chapter 265; a repeat offense under section 23B of chapter 265; assault with intent to commit rape under section 24 of chapter 265; assault of a child with intent to commit rape under section 24B of chapter 265; kidnapping of a child under the age of 16 under section 26 of chapter 265; drugging persons for sexual intercourse under section 3 of chapter 272; unnatural and lascivious acts with a child under 16 under section 35A of chapter 272; aggravated rape under section 39 of chapter 277; any attempt to commit a violation of any of the aforementioned sections under section 6 of chapter 274; any conspiracy to commit a violation of any of the aforementioned sections under section 7 of chapter 274; accessory to any of the aforementioned sections; or a like violation of the law of another state, the United States or a military, territorial or Indian tribal authority, or any other offense that the sex offender registry board determines to be a sexually violent offense.

“Sexually violent predator”, a person who has been convicted of a sexually violent offense or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sexually violent offense, or a person released from incarceration, parole, probation supervision or commitment under chapter 123A or custody with the department of youth services for a conviction or adjudication, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses.

“Supervision”, includes the exercise of oversight, control or management over a sex offender living in, working, or attending school in the community, by the department of correction, any county correctional facility, any federal correctional facility, the department of youth services, the parole board, the office of the commissioner of probation, the department of mental health or the department of developmental services.

“Student”, any person who enrolls, on a full-time or part-time basis, in any public or private educational institution including a secondary school, trade, vocational or professional institution, or a post-secondary institution of higher learning.

“Updating registration information”, as required by section 178E, the act of a sex offender (a) appearing in person at the appropriate local police department to update or report a change in the sex offender’s names, aliases, primary or given names, nicknames, pseudonyms, internet identifiers, and ethnic or tribal names by which the sex offender is commonly known, home address, secondary addresses, employment status, employer’s names and addresses, school status, school name and address, and the police department updating the sex offender’s photograph and (b) submitting in writing to the police department or the sex offender registry board any updates or changes to the sex offender’s remaining registration information, as defined in this section.

“Vehicle information”, data that identifies all the vehicles the sex offender owns or routinely operates for personal use or in the course of his employment including: the license plate numbers or other numbers or identifiers affixed to the vehicles; the type, year, make, and model of the vehicles; and the locations where the vehicles are garaged, docked, or otherwise kept. “Vehicle” includes any device propelled or drawn by mechanical power upon or by which any person or property is or may be transported or drawn upon a highway, waterway, or airway.

“Verifying registration information”, as required by section 178E, the act of a sex offender appearing in person at the specified period of time at the appropriate police department in the city or town where the sex offender resides, or if the sex offender does not reside in the commonwealth, in the city or town where the sex offender has a secondary address, works or is enrolled in school to confirm that his registration information remains true and accurate and the police department updates the sex offender’s photograph.

Section 178D. Sex offender registry

The sex offender registry board, known as the board, in cooperation with the department of criminal justice information services, shall establish and maintain a central computerized registry of all sex offenders required to register under sections 178C to 178Q, inclusive, known as the sex offender registry. The sex offender registry shall be updated based on information made available to the board, including information acquired under the registration provisions of sections 178C to 178Q, inclusive. The file on each sex offender required to register under sections 178C to 178Q, inclusive, shall include the sex offender’s registration information and:

(a)whether the sex offender is in compliance with the registration obligations of sections 178C to 178Q, inclusive;

(b)any other information which may be useful to the board in assessing the risk of the sex offender to reoffend;

(c)any other information which may be useful to the board in identifying the sex offender; and

(d)the sex offender’s level of risk of reoffense and degree of dangerousness, as established under sections 178K and 178L.

The public shall not have access to any registration information except in accordance with sections 178I and 178J.

The board shall develop standardized notification, registration and verification forms, which shall request registration information as required under sections 178C to 178Q. The board shall make blank copies of the forms available to all agencies having custody of sex offenders, supervising sex offenders, all city and town police departments, and state police.

The information contained in the registry shall be obtained from offenders when they register as sex offenders and when they verify and update their registration information; from agencies having custody or supervision of sex offenders; and city and town police departments responsible for registering sex offenders and verifying and updating sex offenders’ registration information. The sex offender registry board shall maintain all registration information in a digitized form that is compatible with the registry management and web site software developed by the United States Department of Justice under 42 U.S.C. § 16923. The board may maintain registration information in a digitized form by having links or identification numbers that provide access to registration information contained in other computerized databases maintained by the state police for palm print, fingerprint, and DNA information; the registry of motor vehicles for license and vehicle information; the department of criminal justice information services for criminal history information; the division of professional licensure for professional license information; and any other agency which is responsible for compiling and maintaining information required of sex offenders under sections 178C to 178Q.

The board shall promulgate regulations further defining, in a manner consistent with maintaining or establishing eligibility for federal funding under the Sex Offender Registration and Notification Act, Title 1 of the Adam Walsh Child Protection and Safety Act of 2006, and the implementation of the sections 178C to 178Q.

Section 178E. Registration, verification, and updating registration information

(a) In General. A sex offender shall register and keep the registration information current with respect to each city and town where the sex offender resides, has a secondary address, works, and is a student.

(b) Initial registration.  Within 3 business days of sentencing of any sex offender required to register under sections 178C to 178Q, inclusive, the agency receiving custody or supervision of the sex offender shall transmit to the board the sex offender’s registration information, the mittimus, and the projected maximum release date and the earliest possible release date for the sex offender. All custodial and supervisory agencies shall inform the board immediately of any transfers of sex offenders so that the board knows at all times where the sex offender is located prior to his release from custody or supervision.

(1)Sex offenders in custody.  If a sex offender is to be released from the custody of any county, state or federal correctional facility, department of youth services, department of mental health or department of development services, the agency that has custody of the sex offender shall, or in the case of federal correctional facility may, provide written notice to the sex offender and the sex offender shall acknowledge in writing, his duty to register in the commonwealth and in any other jurisdiction where he resides, has a secondary address, is employed or enrolled in school; his duty to verify and update his registration information and the penalties for failing to do so and for giving false registration information; and 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 in accordance with section 178L.  If the sex offender is a minor or has been deemed by a court to be incompetent at the time of notification, the notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the person in the absence of a legal guardian and his most recent attorney of record. The agency shall transmit the sex offender’s written acknowledgment to the board within 10 days of receipt of the acknowledgment.  No later than 30 days prior to the sex offender’s release from custody, the agency that has custody of the offender shall obtain the sex offender’s registration information and shall verify that it is true and accurate.  Upon verifying the sex offender’s registration information and at least 10 days before the sex offender is released from custody, the agency that has custody of the offender shall register the sex offender by entering the registration information into the sex offender registry and shall electronically transmit the sex offender’s registration information to the board.  No sex offender shall be released from custody unless registration has been completed.  Within 3 days after the sex offender’s release from custody, the sex offender shall appear in person at the police department of the city or town in which the sex offender resides, or if the offender does not reside in the commonwealth, in the city or town in which he has a secondary address, works or is enrolled in school in the commonwealth, to verify that the registration information remains true and accurate, or to change the registration information provided prior to release from custody.

(2)Sex offender not in custody; subject to community supervision. If the court does not sentence the sex offender to confinement to a county, state or federal correctional facility, or does not order custody by the department of youth services, department of mental health or department of developmental services, the agency that has supervision of the sex offender shall, upon assuming supervision of the sex offender, immediately provide written notice to the sex offender, and the sex offender shall acknowledge in writing, his duty to register in the commonwealth and in any other jurisdiction where he resides, has a secondary address, is employed or enrolled in school; his duty to verify and update his registration information and the penalties for failure to do so and for giving false registration information; and 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 in accordance with section 178L.  If the sex offender is a minor or has been deemed by a court to be incompetent at the time of notification, the notification shall also be mailed to such sex offender’s legal guardian or agency having custody of the person in the absence of a legal guardian and his most recent attorney of record. The agency shall transmit the sex offender’s written acknowledgment to the board within 2 days of receipt of the acknowledgment.  Within 3 days of sentencing, the sex offender shall appear in person and register as a sex offender at the police department in the city or town where the sex offender resides, or if the sex offender does not reside in the commonwealth, in the city or town where the sex offender has a secondary address, works, or is enrolled in school.  The police department shall enter the registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.

(3)Sex offender not in custody or being supervised.  Any court which enters a conviction for a sex offense, but does not impose a sentence of confinement or supervision, or order of custody, or otherwise orders the immediate discharge of a sex offender from the custody of any of the county, state or federal correctional facilities, department of youth services, department of mental health or the department of developmental services shall, or in the case of federal court may, provide written notice to the sex offender, and the sex offender shall acknowledge in writing, his duty to register in the commonwealth and in any other jurisdiction where he resides, has a secondary address, works or is enrolled in school; his duty to verify and update his registration information and the penalties for failure to do so and for giving false registration information; and 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 in accordance with section 178L.  Within 2 business days of sentencing, the clerk of the court shall transmit the sex offender’s written acknowledgment to the board along with the sex offender’s registration information.  Within 3 days of receiving notice or of release from confinement or custody from the court, whichever is later, the offender shall appear in person to register as a sex offender at the police department in the city or town where the sex offender resides, or if the sex offender does not reside in the commonwealth, in the city or town where the sex offender has a secondary address, works, or is enrolled in school. The police department shall enter the registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.

(4)Sex offender from another jurisdiction or country.

(i)  A sex offender from another jurisdiction or country who enters the commonwealth to reside, establish a secondary address, work, or enroll in school shall, within 3 days of entering the commonwealth, appear in person to register as a sex offender at the police department in the city or town where the sex offender resides, or if the sex offender does not reside in the commonwealth, in the city or town where the sex offender has a secondary address, works or is enrolled in school.  The police department shall provide written notice to the sex offender, and the sex offender shall acknowledge in writing, his duty to register in the commonwealth and in any other jurisdiction where he resides, has a secondary address, works or is enrolled in school; his duty to verify and update his registration information and the penalties for failure to do so and for giving false registration information; and 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 in accordance with section 178L.  The police department shall enter the registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.

(ii)  If the board is notified by another jurisdiction that a sex offender is expected to commence residence, establish a secondary address, employment, or school attendance in the commonwealth, but the sex offender fails to appear to register as required in subsection (i), the board shall notify that jurisdiction that the sex offender failed to appear in the commonwealth.

(5)Retroactive Application. 

(i) Any sex offender who was required to register under sections 178C to 178Q in effect prior to July 27, 2011 and was relieved of that obligation to register by the court or the board or had his obligation to register terminated under section 178G prior to July 27, 2011, is not required to register except that if the sex offender is convicted of a felony or a sex offense, the sex offender will be required to register under this section.

(ii) Any sex offender who was required to register under sections 178C to 178Q in effect before July 27, 2011 because he was adjudicated a youthful offender or delinquent juvenile for a sex offense and was relieved of his obligation to register by the court or the board under section 178E or whose obligation to register was terminated under section 178G before July 27, 2011 is not required to register, except that if the sex offender is convicted of a felony or a sex offense, the sex offender will be required to register under this section.

(c)Verification of Registration Information.

(1)Act of verifying registration information.  Any sex offender required to register as a sex offender under this section shall verify his registration information in person with the police department in the city or town where the sex offender resides, or if the sex offender does not reside in the commonwealth, in the city or town where the sex offender has a secondary address, works or is enrolled in school.  The sex offender shall review his registration information, confirm that it is true and accurate and provide any changes and updates to his registration information since his initial registration or since he last verified his registration information. The police department shall enter the verified registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board. The police department shall provide written notice to the sex offender, and the sex offender shall acknowledge in writing, his duty to register in the commonwealth and in any jurisdiction where he resides, works or is enrolled in school; to verify registration information; to update registration information within the commonwealth and in any other jurisdiction; the penalties for failure to do so and for giving false registration information; and the next date the sex offender is required to appear in person to verify his registration information.

(2)Frequency of verifying registration information.  Sex offenders finally classified as level 1 under sections 178K and 178L shall verify their registration information in person once each year in the month of their birth, with the exception of finally classified level 1 sex offenders who are under the age of 18 at the time of registration.  These offenders shall verify their registration information by mail once each year in the month of their birth until the age of 18.  Sex offenders finally classified as level 2 under sections 178K and 178L shall verify their registration information in person twice each year, in 6 month intervals commencing on the month of their birth.  Sex offenders finally classified as level 3 under sections 178K and 178L and sexually violent predators shall verify their registration information in person 4 times each year, in 3 month intervals including their month of birth.  All homeless sex offenders, regardless of their final classification levels, must verify their registration information in person every 30 days. Sex offenders who have not been finally classified by the board under 178K and 178L shall verify their registration information in writing every 12 months from the date that they initially registered until they become finally classified, at which time the sex offender shall be required to register, verify and update his registration information in person under the requirements of this section. The board shall develop regulations to determine the dates on which sex offenders must register and additional procedures for registration.

(3)Notice.  In each year during the month of the sex offender’s birth, the board shall mail a nonforwardable verification form to the last registered address of the sex offender notifying the sex offender of the date or dates during the next 12 months on which he must verify his registration information. If the sex offender is a minor or has been deemed by a court to be incompetent at the time of notification, the notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the person in the absence of a legal guardian and his most recent attorney of record.

(d) Updating Registration Information.  In addition to verifying registration information under section (c), the sex offender shall be obligated to report any changes in his registration information.

(1)Change of address within the commonwealth.  No later than 3 days after a change of address, the registered sex offender shall appear in person at the police department in the city or town where the sex offender resides or if the sex offender does not reside in the commonwealth, in the city or town in which the sex offender has a secondary address, works, or is enrolled in school to update his address registration information.  For purposes of this section, a “change of address” includes any change to the sex offender’s residence, address, secondary addresses or temporary lodging, or if homeless, any change to the sex offender’s homeless shelter or changes in the city or town in which he habitually lives as a homeless person.  The police department shall enter the updated registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.  If the sex offender resides in the commonwealth but works or is enrolled in school in another jurisdiction, the board shall electronically transmit the sex offender’s updated registration information to each jurisdiction where the sex offender works or is enrolled in school.

(2)Change of employment information.  No later than 3 days after any change to a registered sex offender’s employment information, the sex offender shall appear in person at the police department in the city or town where the sex offender resides or if the sex offender does not reside in the commonwealth, in the city or town in which the sex offender has a secondary address, works, or is enrolled in school to update his employment registration information.  For purposes of this section, a “change of employment information” includes change in employers, obtaining additional employment, becoming unemployed, becoming employed and changes to the name or address of the sex offender’s employers.  If the sex offender’s work is migratory, itinerant or transient and there are changes to the locations where the sex offender performs his work, including locations in other jurisdictions or countries, the sex offender shall, no later than 3 business days after the change occurs, appear in person at the police department in the city or town where the sex offender resides or if the sex offender does not reside in the commonwealth, in the city or town in which the sex offender has a secondary address, works, or is enrolled in school to update the sex offender’s registration information. The police department shall enter the updated registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.  If the sex offender will begin employment in another jurisdiction, the board shall electronically transmit the sex offender’s registration information to that jurisdiction’s office, agency, or entity responsible for administering the jurisdiction’s sex offender registry. 

(3)Change in school information.  No later than 3 days after any change to a sex offender’s school information, the registered sex offender shall appear in person at the police department in the city or town where the sex offender resides or if the sex offender does not reside in the commonwealth, in the city or town in which the sex offender has a secondary address, works, or is enrolled in school to update his school registration information.  For purposes of this section, a “change in school information” includes enrolling in school, transferring enrollment to a different school or different location of the same school, termination of enrollment or if any change to the name or address of the school at which the sex offender is enrolled.  The police department shall enter the updated registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.  If the sex offender will be enrolling in school in another jurisdiction, the board shall electronically transmit the sex offender’s registration information to that jurisdiction’s office, agency, or entity responsible for administering the jurisdiction’s sex offender registry. 

(4)Change of name.  If a registered sex offender changes the name, aliases, primary or given names, nicknames, pseudonyms, ethnic or tribal name by which the sex offender is commonly known, the sex offender shall, no later than 3 days after the change occurs, appear in person at the police department in the city or town where the sex offender resides or if the sex offender does not reside in the commonwealth, in the city or town in which the sex offender has a secondary address, works, or is enrolled in school to update the registration information relating to the sex offender’s name. The police department shall enter the updated registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.  The board shall electronically transmit the sex offender’s updated registration information to all other jurisdictions where the sex offender is required to register.

(5)Change in address outside of the commonwealth.  If a registered sex offender with a home address or a secondary address in the commonwealth intends to move his home address or establish a secondary address outside of the commonwealth, the sex offender shall, no less than 10 days before the change occurs, appear in person at the police department in the city or town where the sex offender resides in the commonwealth or if the sex offender does not reside in the commonwealth, in the city or town in the commonwealth where the sex offender has a secondary address to update the address registration information.  If the sex offender is homeless and intends to obtain housing outside of the commonwealth’s jurisdiction, the sex offender shall, no less than 10 days before the change occurs, appear in person at the police department in the city or town where the sex offender resides to update the sex offender’s registration information. The police department shall enter the updated registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.  The board shall electronically transmit the sex offender’s registration information to the jurisdiction’s office, agency, or entity responsible for administering the jurisdiction’s sex offender registry that the sex offender intends to begin residing or establish a secondary address. 

(6)Travel outside of the United States.  If a registered sex offender intends to move or travel outside of the United States, the sex offender shall, no less than 21 days before the travel occurs, appear in person at the police department in the city or town where the sex offender resides in the commonwealth or if the sex offender does not reside in the commonwealth, in the city or town in the commonwealth where the sex offender has a secondary address to report his intention to leave the United States. The police department shall enter the updated registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board. Within 3 days, the board shall electronically transmit the sex offender’s registration information to the Federal Bureau of Investigation and United States Marshals Service and to all other jurisdictions where the sex offender is required to register.

(7)Changes to Other Registration Information.  Whenever there is a change to a registered sex offender’s internet identifiers, telephone numbers, temporary lodging information in the commonwealth or vehicle information, the sex offender shall immediately notify the board in writing of the changes to the sex offender’s registration information. The board shall enter the updated registration information into the sex offender registry.  Within 3 days, the board shall electronically transmit the sex offender’s updated registration information to all other jurisdictions where the sex offender is required to register.

(8)Notice to the sex offender. Upon updating a sex offender’s registration information, the police department shall provide written notice to the sex offender, and the sex offender shall acknowledge in writing, his duty to register in the commonwealth and in any jurisdiction where he resides, works or is enrolled in school, to verify registration information, to update his registration information within the commonwealth or in any other jurisdiction and the penalties for failure to do so and for giving false registration information.

(e)Notification by the board to law enforcement and federal entities.  Within 3 days of any change to a sex offender’s registration information, the board shall electronically transmit the sex offender’s updated registration information to the Federal Bureau of Investigation and United States Marshals Service and to all law enforcement agencies and entities with access to the sex offender registry as set forth in section 178F.

(f)Relief from registration for certain minor sex offenders.  In the case of a minor sex offender who (a) was under the age of 14 at the time the sex offense was committed or (b) was 14 years of age or older at the time of his sex offense and was not convicted of sexually violent offense as defined in section 178C, or 2 or more sex offenses involving a child as defined in section 178C, the court shall, within 14 days of sentencing, determine whether the circumstances of the offense in conjunction with the sex offender’s criminal history indicate that the sex offender does not pose a risk of reoffense or a danger to the public. If the court so determines, the court shall relieve the sex offender of the obligation to register under sections 178C to 178Q, inclusive, and the clerk of the court shall immediately notify the sex offender registry board in writing that the court has relieved the sex offender of the registration obligation.

(g)Accepting pleas.  Any court which accepts a plea for a sex offense shall inform the sex offender prior to acceptance of the plea and require the sex offender to acknowledge in writing that the plea may subject the sex offender to the provisions of sections 178C to 178Q, inclusive.  Failure to inform the sex offender shall not be grounds to vacate or invalidate the plea.

(h)Independent verification of addresses.  Upon registering, verifying registration information or updating registration information, a sex offender shall provide independent written verification of the addresses at which he resides or has secondary addresses.

(i)Board’s access to agencies’ records.  When the board has reason to believe that a sex offender has failed to register in accordance with this chapter, or when the board is required to verify the address or employers of a sex offender and is unable to verify the information through other means, the board shall examine, through electronic transfer of information, the tax returns, wage reports, child support enforcement records, papers or other documents on file with the commissioner of revenue, registry of motor vehicles, department of transitional assistance, department of children and families or records of any other entity within the executive branch; provided, however, that nothing herein shall be construed to authorize the disclosure, directly or indirectly, of any information other than the address of the sex offender, except as otherwise provided by sections 178C to 178Q, inclusive.

(j)Registry of motor vehicles notifying sex offenders.  The registrar of motor vehicles shall inform a person applying for, or renewing a license to operate a motor vehicle that he has a duty to register as a sex offender if the person is a sex offender as defined by section 178C.

(k)Homeless shelters.  A homeless shelter receiving state funding shall cooperate in providing information to the board, supervising agency or police department when the homeless shelter is in the possession of the information being requested; provided, however, the request for information shall be limited to that which is necessary to verify an offender’s registration information or a sex offender’s whereabouts. A homeless shelter that violates the provisions of this paragraph shall be punished by a fine of $100 a day for each day that the shelter continues to violate the provisions of this paragraph.

(l)Board’s access to sealed convictions.  If a sex offender’s criminal record indicates that he has any sealed or expunged convictions, the sex offender registry board may inquire of the office of the commissioner of probation whether the sealed or expunged conviction was for a sex offense and, if it was a sex offense, the commissioner shall so inform the board and provide the board with the specific sex offense of which the offender was convicted, the date of the conviction, the court that convicted the sex offender, and the docket number of the conviction. The board shall then request a copy of the conviction from the court and the court shall provide the board with a copy of the sealed or expunged conviction.

Section 178F.  Authorized access to the sex offender registry

(a)Ability to enter, verify and update registration information. The sex offender registry board shall grant access to any state and local police department and any other agency in the commonwealth that is responsible for registering sex offenders, verifying registration information and updating registration information, under section 178E, to the computerized sex offender registry to examine and search registration information and enter, verify, and update sex offender registration information to the extent necessary to perform their functions under section 178E.  The agencies shall only disseminate registration information to the public to the extent permitted by sections 178I and 178J.

(b)Ability to examine the sex offender registry. The sex offender registry board shall grant the following entities access to electronically examine and search registration information in the computerized sex offender registry: district attorneys’ offices in the commonwealth, the United States Marshal Service, the Federal Bureau of Investigations, and any other jurisdiction’s (i) office, agency, or entity responsible for administering the jurisdiction’s sex offender registry; (ii) law enforcement agencies, such as state and local police departments, sheriffs’ offices, and prosecutors’ offices; and (iii) parole, probation, or other offices responsible for supervising sex offenders. The sex offender registry board shall notify these agencies that use of the registration information is limited to the extent necessary for the performance of their duties, and that the public may only access the registration information provided to the extent permitted under sections 178I and 178J.

(c)National Child Protection Act agencies.  The sex offender registry board shall grant access to any agency responsible for conducting employment-related background checks, under section 3 of the National Child Protection Act of 1993, 42 U.S.C. section 5119a, to electronically examine registration information contained in the sex offender registry. The board shall notify these agencies that they may only use registration information to the extent necessary for the actual performance of their duties, and that the public may only access registration information to the extent permitted under sections 178I and 178J. The sex offender registry board shall promulgate regulations regarding the process through which a National Child Protection Act agency may apply to obtain access to the sex offender registry, and the process and criteria the sex offender registry board shall follow in reviewing and approving such applications. 

(d)National Sex Offender Registry.  The sex offender registry board shall authorize the Federal Bureau of Investigations to access the registration information contained in the sex offender registry in order for the bureau to include all the registration information in a national sex offender registry and make the registration information available to criminal justice agencies on a nationwide basis.

(e)Dru Sjodin National Sex Offender Public Website.  The sex offender registry board shall authorize the United States Department of Justice access to the public sex offender internet database, as mandated under section 178I, in order for the justice department to include the sex offender internet database in the Dru Sjodin National Sex Offender Public Website established under 42 U.S.C. section 16920, which the public may access and search.

(f)Absconded sex offenders.  If the board receives notification that  sex offenders cannot be located at the addresses identified in their registration information or have failed to register or verify their registration information at the prescribed periods of time, as required under section 178E, the board shall indicate in the sex offender registry that the offender has absconded and immediately make this and the offender’s last known registration information electronically available for examination by any agency and federal entity permitted to review registration information under this section. The board shall also notify the Federal Bureau of Investigations and the United States Marshals Service and update the National Sex Offender Registry to reflect the sex offender’s status as an absconder and enter the sex offender into the National Crime Information Center Wanted Person File.

(g)Limitation on public access to registration information. Registration information received by the board shall not be disseminated to the public except in accordance with sections 178F, 178I and 178J.

Section 178G. Duration of registration obligation

(a)Duration of registration obligation.   The sex offender’s required registration period does not include the time the sex offender is in custody or civilly committed and begins to run on the date the sex offender is released from incarceration for the registration offense or on the date of sentencing for a sex offender who receives a non-incarceration sentence for the sex offense.

(1)  A sex offender whose sex offense conviction is not a sex offense involving a child or a sexually violent offense, as defined in section 178C, must register for 15 years.  These sex offenders may be eligible to have their registration obligation reduced by 5 years in accordance with subsection (b) of this section if they can demonstrate a clean record for 10 years.  If these sex offenders are convicted of a second and subsequent sex offense that is also not a sex offense involving a child or a sexually violent offense, they must register for 25 years.

(2) A sex offender convicted of 1 sex offense involving a child as defined in section 178C must register for 25 years.

(3) A sex offender convicted of 2 or more sex offenses involving a child as defined in section 178C must register for life.

(4) A sex offender convicted of 1 or more sexually violent offenses as defined in section 178C must register for life. 

(5) Sex offenders who were adjudicated delinquent and were under 14 years old when they committed the sex offense may be eligible to have their registration obligation reduced in time or terminated at the discretion of the board.  The board shall promulgate regulations governing the process and criteria for reduction and termination from registration obligation for these sex offenders.

(6) Sex offenders who were adjudicated delinquent or found to be a youthful offenders and were 14 years or older when they committed the sex offense and are required to register for life under subsection (a)(3) or (a)(4) of this section may be eligible to have their registration obligation terminated if they can demonstrate a clean record for 25 years. The board shall promulgate regulations governing the process for reducing the duration of registration obligation for these sex offenders.

(b)  Reduction in duration of registration obligation. The board may, upon specific written findings, reduce the duration of a sex offender’s registration obligation as required in subsection (a)(1), (a)(5) and (a)(6) of this section.  In making this determination, the board shall consider factors, including but not limited to: the circumstances of the sex offense, the sex offender’s criminal history, the sex offender’s current living environment, whether the sex offender attended sex offender treatment, the duration of time since the conviction for the sex offense and whether the sex offender has demonstrated a clean record as required in subsection (c).  The burden of proof shall be on the sex offenders to prove that they come within the provisions of this section. Unless otherwise specified, sex offenders convicted of a sexually violent offense or 2 or more sex offenses involving children, as defined in 178C, are not eligible for a reduction in time of their duty to register as a sex offender and must register for life.  The board shall promulgate regulations governing the process for reducing a sex offender’s registration obligation.

(c) Demonstration of a clean record. In order for sex offenders to be eligible for a reduction of their registration obligation or to be relieved of their duty to register as a sex offender, the sex offender must demonstrate to the sex offender registry board that the sex offender has (i) not been convicted of an offense for which imprisonment in a facility operated by the department of correction, a county correctional facility or federal correctional facility for more than 1 year may be imposed; (ii) has not been convicted of new sex offenses; (iii) has successfully completed periods of supervised probation or parole imposed by completing these periods without revocation; and (iv) has successfully completed an appropriate sex offender treatment program approved by the board.  The board shall promulgate regulations governing the process to be followed by offenders who apply for a reduction of their registration obligation or to be relieved of their obligation to register; to establish the criteria for designating and qualifying approved sex offender treatment programs; and to establish criteria to be applied in determining whether a sex offender has successfully completed a treatment program.

(d)Not entitled to seal convictions. For so long as a sex offender is under a duty to register in the commonwealth or in any other jurisdiction or country where the sex offender resides, has a secondary address, works or is enrolled in school or would be under such a duty if residing, having a secondary address, working or enrolled in a school in the commonwealth, the sex offender shall not be entitled to have his convictions sealed or expunged as otherwise permitted by statute or other rule of law.

Section 178H. Failure to register, failure to verify or update registration information; providing false information; penalties

(a) Sex offenders required to register under this chapter who knowingly: (i) fail to register; (ii) fail to verify registration information as required by section 178E; (iii) fail to update their registration information as required by section 178E; or (iv) provide false registration information shall be punished in accordance with this section.

(1) A first conviction under this subsection shall be punished by imprisonment for not less than 6 months and not more than 2½  years in a house of correction, not more than 5 years in a state prison or by a fine of not more than $1,000 or by both such fine and imprisonment.

(i) A person convicted under this subsection and who has been convicted of any of the offenses set forth in sections 13B, 13B½, 13B¾,  13F, 22A, 22B, 22C, 23, 23A, 24B and 26 of chapter 265, any attempt to commit any of these offenses, or for conspiracy to commit any of these offenses, or an accessory thereto, or a like violation of the laws of another jurisdiction, the United States or a military, territorial or Indian tribal authority shall, in addition to the term of imprisonment authorized by this section, be punished by a term of community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in section 133D of chapter 127.  The sentence of community parole supervision for life shall commence upon the expiration of the term of imprisonment imposed upon the sex offender by the court or upon the sex offender’s release from probation or parole supervision or upon discharge from commitment to the treatment center under section 9 of chapter 123A, whichever first occurs. 

(ii) Any person convicted under this subsection who is a finally classified level 2 or level 3 sex offender shall, in addition to the term of imprisonment authorized by this subsection, be subject to community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in section 133D of chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon the person by the court or upon the person’s release from any post-release supervision or upon discharge from commitment to the treatment center under section 9 of chapter 123, whichever first occurs.

(2) A second and subsequent conviction under this subsection shall be punished by imprisonment in the state prison for not less than 5 years.

Any person convicted under this paragraph who is a level 2 or level 3 offender shall, in addition to the term of imprisonment authorized by this paragraph, be punished by a term of community parole supervision for life, to be served under the jurisdiction of the parole board, as set forth in section 133D of chapter 127. The sentence of community parole supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon the person by the court or upon the person’s release from probation or parole supervision or upon discharge from commitment to the treatment center under section 9 of chapter 123A, whichever first occurs.

(b) Violations of this section may be prosecuted and punished in any county where the sex offender knowingly: (i) fails to register; (ii) fails to verify registration information as required by section 178E; (iii) fails to update registration information as required by section 178E; (iv) provides false information; or (v) in any county where the sex offender is located, found or apprehended.

(c) Copies of records created by the board that are certified and attested to by the chairperson of the board or the chairperson’s designee shall be admissible as self-authenticating evidence in any court of the commonwealth to prove facts contained in the records.

(d) A prosecution commenced under this section shall not be placed on file or continued without a finding.

Section 178I. Sex offender registry board’s dissemination of registration information to the public

(a)Public sex offender internet database. Within 3 business days of the date a sex offender is required to register as a finally classified level 2 or level 3 sex offender, the board shall make the sex offender’s registration information, delineated below in subparagraphs (1) to (10), and the final classification level available for inspection by the general public in the form of a comprehensive database published on the internet, known as the “public sex offender internet database”:

(1)the names, aliases, primary or given names, nicknames, pseudonyms, ethnic or tribal names by which the sex offender is commonly known;

(2)a physical description of the sex offender including age, sex, race, height, weight, eye and hair color;

(3)current photograph of the sex offender;

(4)the sex offender’s residential address, secondary addresses, temporary lodging information, and if the sex offender is homeless, the homeless shelters, cities and towns, or the districts, neighborhoods, sections and villages within those cities and towns in which the sex offender habitually lives;

(5)the name and address of the persons and entities that employ the sex offender, and if the sex offenders’ employment is such that their work is migratory, itinerant, or transient, the cities or towns where the sex offenders routinely work;

(6)the name and address of any schools the sex offender is enrolled in;

(7)the sex offender’s vehicle information;

(8)the sex offenses for which the sex offender was convicted and the dates of convictions;

(9)whether the offender is in compliance with the registration obligations of sections 178C to 178Q, inclusive; and

(10)the sex offender’s level of risk of reoffense and degree of dangerousness, under section 178K to 178L.

If the sex offender’s address information described above in subparagraph (4) is not available because the sex offender is in violation of the requirement to register, verify or update registration information, as required by section 178E, or the sex offender cannot be located, this status will be indicated on the internet database.

The public sex offender internet database shall be open to searches by the public at any time without charge or subscription.  The public shall be permitted to search the internet database for sex offenders by inputting a person’s name, city or town, county, zip code or a user specified geographic radii within a specified address.  The internet database shall include a function which permits members of the public and organizations to request e-mail notification when sex offenders establish or change their residence, secondary addresses, employment, or school enrollment within specified cities, towns, zip code, counties or geographic radii areas within the commonwealth as specified by the inquirer. 

The board shall promulgate rules and regulations to implement, update and maintain the public sex offender internet database to ensure the accuracy, integrity and security of information contained therein, including the prompt and complete removal of registration information for persons whose duty to register has been terminated under section 178G, and to protect against the inaccurate, improper or inadvertent publication of registration information on the public internet database.  The internet database shall include instructions on how an individual may report suspected erroneous registration information to the board.

The public sex offender internet database shall include a warning regarding the criminal penalties for use of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275.  The public internet database shall include internet links to sex offender safety and education resources. 

The public sex offender internet database shall only include registration information as delineated above in subparagraphs (1) to (10) of sex offenders finally classified as level 2 or level 3 under section 178K and 178L, except for sex offenders whose only sex offense or offenses were committed when the sex offender was under the age of 14.  The board shall not release any other registration information to the general public except as permitted in subsection (b).  The board shall keep confidential and shall not publish in the public sex offender internet database any information relating to requests for registration data under sections 178I and 178J, nor shall it release any information identifying a victim by name, address or relation to the offender.

(b)Public Requests for Sex Offender Registry Information.

(1) Requesting Information:  Persons who request sex offender registry information from the board shall:

(i)be 18 years of age or older;

(ii)require sex offender registry information for their own protection or for the protection of a child under the age of 18 or another person for whom the inquirer has responsibility, care or custody, and so state; and

(iii)complete and sign a record of inquiry form, developed by the board, which shall include the following information: the name and address of the person making the inquiry, the person’s name, address or geographic location which is the subject of the inquiry, the reason for the inquiry and the date of the inquiry.

The record of inquiry form shall include a warning regarding the criminal penalties for the misuse of sex offender registration information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under the provisions of section 4 of chapter 275.   Inquirers must acknowledge on the form that the sex offender registration information disclosed to them is intended for their own protection or for the protection of a child under the age of 18 or another individual for whom they have responsibility, care or custody.

Records of inquiry shall be kept confidential, except that the records may be disseminated to assist or defend in a criminal prosecution.

(2) Release of Information:  If the search of the sex offender registry results in the identification of any finally classified sex offender, the board shall release the sex offender’s registration information, as identified above in subsection (a)(1)-(10), and the sex offender’s final classification level to the inquirer at no cost to the inquirer; provided, however, that no information will be released to the public concerning sex offenders whose only sex offense or offenses were committed when the sex offender was under the age of 14.

All responses from the board to a person making inquiries shall include a warning regarding the criminal penalties for misuse of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275.  All responses from the board shall include instructions on how an individual may report suspected erroneous registration information to the board.

The board shall not release information identifying the victim by name, address or relation to the offender.

(c)  Victim Requests for Sex Offender Registration Information.  Upon the request of the victim and in conformance with section 178A of chapter 6, the board may, regardless of the conviction or classification, inform the victim of the status of an offender’s classification and registration, and an offender’s final registration and classification determination in addition to all of the information that the public is entitled to under section 178C through 178Q.

Section 178J.  Police department’s dissemination of registration information to the public

(a)Persons who may request information. Persons who request sex offender registry information from the police department shall:

(1)be 18 years of age or older;

(2)appear in person at a city or town police station and present proper identification;

(3)require sex offender registry information for their own protection or for the protection of a child under the age of 18 or another person for whom the inquirer has responsibility, care or custody, and so state; and

(4)complete and sign a record of inquiry form, developed by the board, which shall include the following information: the name and address of the person making the inquiry, the person’s name, address or geographic location which is the subject of the inquiry, the reason for the inquiry and the date of the inquiry.

The record of inquiry form shall include a warning regarding the criminal penalties for the misuse of sex offender registration information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under the provisions of section 4 of chapter 275.   Inquirers must acknowledge on the form that the sex offender registration information disclosed to them is intended for their own protection or for the protection of a child under the age of 18 or another individual for whom they have responsibility, care or custody.

(b)Manner of requesting information. The person making the inquiry may:

(1)identify a specific person by name or by personal identifying information sufficient to allow the police to identify the subject of the inquiry; or

(2)inquire whether any sex offenders reside, have a secondary address, work or are enrolled in any school within the same city or town in which a specific address is located including, but not limited to, the address of a residence, workplace, school, after school program, day care center, playground, recreational area or other identified address and inquire in another city or town whether any sex offenders live, work or are enrolled a school within that city or town, upon a reasonable showing that the sex offender registry information is requested for the requestor’s own protection or for the protection of a child under the age of 18 or another person for whom the inquirer has responsibility, care or custody; or

(3)inquire whether any sex offenders reside, have a secondary address, work or are enrolled in a school on a specific street within the city or town in which the inquiry is made.

(c)Release of Information.  If the search of the sex offender registry results in the identification of any finally classified sex offender the police shall release the sex offender’s registration information, as identified above in section 178I(a)(1)-(10),  and the sex offender’s classification level to the inquirer at no cost to the inquirer; provided, however, that no information will be released to the public concerning sex offenders whose only sex offense or offenses were committed when the sex offender was under the age of 14.

The police shall not release information identifying the victim by name, address or relation to the offender. 

(d)Community notification plans. Local police departments shall implement community notification plans that require the police department to notify organizations in the community and individual members of the public who are likely to encounter finally classified level 2 or level 3 sex offenders.

Within 3 business days of receipt of registration information that a sex offender resides, has a secondary address, is employed, or attends a school within a police department’s jurisdiction, the police shall notify organizations in the community and individual members of the public who are likely to encounter the sex offender. Neighboring police districts shall share the sex offender registration information of all sex offenders and may inform the residents of their municipality of a sex offender they are likely to encounter who resides in an adjacent city or town.  The police shall actively disseminate in a time and manner as the police department deems reasonably necessary the registration information as identified at section 178I(a)(1) to (10).

Community notification may include publication of the registration information on the internet by the police department in a time and manner as the police deem reasonably necessary; and provided further, that the police or the board shall not release information identifying the victim by name, address or relation to the sex offender. All notices to the community shall include a warning regarding the criminal penalties for misuse of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275.

Section 178K. Sex offender registry board; guidelines to assess risk of reoffense and degree of dangerousness posed to public; classification; evidentiary hearing

(a)Sex offender registry board. There shall be, within the department of criminal justice information services, but not subject to its jurisdiction, a sex offender registry board, which shall consist of at least 7 members who shall be appointed by the governor for terms of 6 years, with the exception of the chairman, and who shall devote their full time during business hours to their official duties. The board shall include 1 person with experience and knowledge in the field of criminal justice who shall act as chairman; at least 2 licensed mental health professionals with special expertise in the assessment and evaluation of sex offenders and who have knowledge of the forensic mental health system; at least 1 licensed mental health professional 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 2 persons who have at least 5 years of training and experience in probation, parole or corrections; and at least 1 person who has expertise or experience with victims of sexual abuse. Members shall be compensated at a reasonable rate subject to approval of the secretary of administration and finance.

The chairman shall be appointed by and serve at the pleasure of the governor and shall be the executive and administrative head of the sex offender registry board, shall have the authority and responsibility for directing assignments of members of the board and shall be the appointing and removing authority for members of the board’s staff. In the case of the absence or disability of the chairman, the governor may designate 1 of the members to act as chairman during that absence or disability. The chairman shall, subject to appropriation, establish staff positions and employ such administrative, research, technical, legal, clerical and other personnel and consultants as may be necessary to perform the duties of the board. These staff positions shall not be subject to section 9A of chapter 30 or chapter 31.

The governor shall fill a vacancy for the unexpired term. As long as there are 4 sitting members, a vacancy shall not impair the right of the remaining members to exercise the powers of the board.

(b) Guidelines to assess risk of reoffense and degree of dangerousness posed to public. The sex offender registry board shall promulgate guidelines for determining the final classification level of risk of reoffense and the degree of dangerousness posed to the public, the reclassification of an offender, or an offender’s request for reduction in his obligation to register; apply the guidelines to assess the risk level of particular offenders; develop guidelines for use by city and town police departments in disseminating sex offender registry information; devise a plan, in cooperation with state and local law enforcement authorities and other appropriate agencies, to locate and verify the current addresses of sex offenders including, subject to appropriation, entering into contracts or interagency agreements for such purposes; and conduct hearings as provided in section 178L. Factors relevant to the risk of reoffense shall include, but not be limited to, the following:

(1)  criminal history factors indicative of a high risk of reoffense and degree of dangerousness posed to the public, including:

(i)whether the sex offender has a mental abnormality;

(ii)whether the sex offender’s conduct is characterized by repetitive and compulsive behavior;

(iii)whether the sex offender was an adult who committed a sex offense on a child;

(iv)the age of the sex offender at the time of the commission of the first sex offense;

(iv)whether the sex offender has been adjudicated to be a sexually dangerous person under chapter 123A or is a person released from civil commitment under section 9 of chapter 123A; and

(vi)whether the sex offender served the maximum term of incarceration.

(2)other criminal history factors to be considered in determining risk and degree of dangerousness, including:

(i)the relationship between the sex offender and the victim;

(ii)whether the offense involved the use of a weapon, violence or infliction of bodily injury; and

(iii)the number, date and nature of prior offenses;

(3)conditions of release that minimize risk of reoffense and degree of dangerousness posed to the public, including whether the sex offender is under probation or parole supervision, whether the sex offender is receiving counseling, therapy or treatment and whether the sex offender is residing in a home situation that provides guidance and supervision, including sex offender specific treatment in a community based residential program;

(4)physical conditions that minimize risk of reoffense including, but not limited to, debilitating illness;

(5)whether the sex offender was a juvenile when he committed the offense, his response to treatment and subsequent criminal history;

(6)whether psychological or psychiatric profiles indicate a risk of recidivism;

(7)the sex offender’s history of alcohol or substance abuse;

(8)the sex offenders’ participation in sex offender treatment and counseling while incarcerated or while on probation or parole and their response to treatment or counseling;

(9)recent behavior, including behavior while incarcerated or while supervised on probation or parole;

(10)recent threats against persons or expressions of intent to commit additional offenses;

(11)review of any victim impact statement;

(12)review of any materials submitted by sex offenders, their attorneys or others on behalf of the offenders; and

(13) age of the offender at the time of the classification hearing.

(c)Classification levels. The guidelines shall provide for 3 levels of classification depending on the degree of risk of reoffense and the degree of dangerousness posed to the public by the sex offender or for relief from the obligation to register:

(1)Where the board determines that the risk of reoffense is low and the degree of dangerousness posed to the public is low, it shall give a final level 1 classification to the sex offender.

(2)Where the board determines that the risk of reoffense is moderate and the degree of dangerousness posed to the public is moderate, it shall give a final level 2 classification to the sex offender.

(3)Where the board determines that the risk of reoffense is high and the degree of dangerousness posed to the public is high, it shall give a final level 3 classification to the sex offender.

(d)Notification by the board.  Within 2 days of the board’s determination of the sex offender’s final classification level, the board shall electronically transmit the sex offender’s final classification level and registration information to the police departments in the municipalities where the sex offender lives, works and is enrolled in a school or, if in custody, intends to live, work and enroll in school upon release; where the offense was committed; and to the Federal Bureau of Investigation and United States Marshals Service.

(e)Level 3 sex offenders prohibited from living in nursing home; penalties. No sex offender finally classified as a level 3 offender shall knowingly and willingly establish living conditions within, move to, be placed in, or be transferred to any convalescent or nursing home, infirmary maintained in a town, rest home, charitable home for the aged or intermediate care facility for persons with an intellectual disability, which meets the requirements of the department of public health under section 71 of chapter 111. Any sex offender who violates this paragraph shall, for a first conviction, be punished by imprisonment for not more than 30 days in a jail or house of correction; for a second conviction, be punished by imprisonment for not more than 2 ½ years in a jail or house of correction, nor more than 5 years in a state prison, or by a fine of not more than $1,000, or by both such fine and imprisonment; and for a third and subsequent conviction, be punished by imprisonment in a state prison for not less than 5 years; provided, however, that the sentence imposed for a third or subsequent conviction shall not be reduced to less than 5 years, nor suspended, nor shall any person sentenced herein be eligible for probation, parole, work release or furlough, or receive any deduction from his sentence for good conduct until he shall have served 5 years. Prosecutions commenced hereunder shall neither be continued without a finding nor placed on file.

(f)Classification priorities; agency cooperation. The sex offender registry board shall make a determination regarding the level of risk of reoffense and the degree of dangerousness posed to the public by each sex offender listed in the sex offender registry and shall give immediate priority to those offenders who have been convicted of a sex offense involving a child or convicted or adjudicated as a delinquent juvenile or as a youthful offender by reason of a sexually violent offense and who have not been sentenced to incarceration for at least 90 days, followed, in order of priority, by those sex offenders who (1) have been released from incarceration within the past 12 months, (2) are currently on parole or probation supervision, and (3) are scheduled to be released from incarceration within 6 months. All agencies shall cooperate in providing files to the sex offender registry board and any information the sex offender registry board deems useful in providing notice under sections 178C to 178Q, inclusive, and in assessing the risk of reoffense and the degree of dangerousness posed to the public by the sex offender. All agencies from which information, including information within the control of providers under contract to these agencies, is requested by the sex offender registry board shall make such information available to the board immediately upon request. Failure to comply in good faith with such a request within 30 days shall be punishable by a fine of not more than $1,000 per day.

Section 178L. Classification; notification; evidentiary hearings; right to counsel

(a)Recommended Classification. 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 level for each offender. The recommendation may be made by board staff members upon written approval by 1 board member; provided, however, that if the sex offender was a minor 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.

(1)Sex offender in custody.  Not less than 6 months prior to their release or parole from custody or incarceration, the board shall notify the sex offenders of their right to submit to the board documentary evidence relative to their risk of reoffense and the degree of dangerousness posed to the public. If the sex offender is a minor or has been deemed by a court to be incompetent at the time of the notification, notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the person in the absence of a legal guardian and his most recent attorney of record. The sex offender may submit evidence to the board within 30 days of receiving the notice from the board. Upon a reasonable showing, the board may extend the time in which a sex offender may submit documentary evidence. Upon reviewing the evidence, the board shall promptly notify the sex offenders of the board’s recommended classification level, their duty to register and their right to petition the board to request an evidentiary hearing to challenge the recommended classification level, their right to retain counsel to represent them at a hearing and their right to have counsel appointed for them if they are found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that the indigent offender may also apply for and the board may grant payment of fees for an expert witness in a 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. The sex offender shall petition the board for an evidentiary hearing within 20 days of receiving notice. The board shall conduct a de novo evidentiary hearing in a reasonable time according to the provisions of subsection (b) and shall determine the sex offender’s final classification level prior to the offender’s release from incarceration, if practicable.  The failure to timely petition the board for a hearing shall result in a waiver of the right to a hearing, and the board’s recommended classification level shall become the sex offender’s final classification level and shall not be subject to judicial review.  All agencies having custody of a confined sex offender shall cooperate with the board in providing notices to the offender and proper space to conduct hearings.

(2)Requests for expedited classification. The district attorney for the county where the sex offender was prosecuted may, within 10 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 the sex offender poses a grave risk of imminent reoffense.  If the petition is granted, the board shall make the recommendation classification within 10 days of the expiration of the time to submit documentary evidence. If the petition is not granted, the board shall make the recommended classification as otherwise provided in this section.

(3)Sex offender not in custody.  In the case of any sex offender (i) who, as of the effective date of this section, is not in custody and whom the board never issued a final classification level under the version of sections 178K and 178L in effect prior July 27, 2011, (ii) who receives a sentence of confinement or order of custody of less than 6 months; (iii) who does not receive a sentence of incarceration or order of custody; or (iv) is ordered by the court to be immediately discharged from any form of custody, the board shall, upon receiving registration information from the agency that has custody of the sex offender; the police department at which the sex offender registered; or any other source, promptly notify the sex offenders of their right to submit to the board documentary evidence relative to their risk of reoffense and the degree of dangerousness posed to the public. If the sex offender is a minor or has been deemed by a court to be incompetent at the time of the notification, notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the person in the absence of a legal guardian and his most recent attorney of record. The sex offender may submit 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 documentary evidence.  Upon reviewing the evidence, the board shall promptly notify the sex offenders of the board’s recommended classification level, their duty to register and their right to petition the board to request an evidentiary hearing to challenge the recommended classification level, their right to retain counsel to represent him at the hearing and their right to have counsel appointed for them if they are found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that the 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. The sex offender shall petition the board for an evidentiary hearing within 20 days of receiving notice. The board shall conduct a de novo evidentiary hearing in a reasonable time according to the provisions of subsection (b). The failure to timely petition the board for a hearing shall result in a waiver of the right to a hearing, and the board’s recommended classification level shall become the sex offender’s final classification level and shall not be subject to judicial review.

(b)  Hearings to Determine Final Classification Level.  If any sex offender requests a hearing in accordance with subsection (a) to challenge his recommended classification, the chair may appoint a member, a panel of 3 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 the sex offender’s duty to register and final classification level.  The board shall inform sex offenders requesting a hearing under the provisions of subsection (a) 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 request a hearing, the board’s recommended classification level shall become the final classification level and shall not be subject to judicial review. If the sex offender fails to appear at his scheduled hearing, the board’s recommended classification level shall become the sex offender’s final classification level 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.

(c)Previously finally classified sex offenders. The provisions of this section apply to all sex offenders, as defined in section 178C. The final classification level any sex offender received under the prior version of this section and section 178K remains in effect.  Nothing in this section shall exempt a sex offender from complying with the registration requirements set forth in section 178E.

Section 178M. Judicial review of board’s final classification

An offender may seek judicial review, in accordance with section 14 of chapter 30A, of the board’s final classification decision and registration requirements. The court shall, if requested, appoint counsel to represent the sex offender in the proceedings if the sex offender is deemed indigent in accordance with section 2 of chapter 211D. An attorney employed or retained by the board may make an appearance, subject to section 3 of chapter 12, to defend the board’s final classification decision. The court shall reach its final decision within 60 days of the sex offender’s petition for review. The court shall keep proceedings conducted under this paragraph and records from these proceedings confidential, and these proceedings and records shall be impounded, but the filing of an action under this section shall not stay the effect of the board’s final classification.

Section 178N. Misuse of information; penalties

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. A person who uses information disclosed under the provisions of sections 178C to 178Q, inclusive, for such purpose shall be punished by not more than 2½ years in a house of correction or by a fine of not more than $1,000 or by both such fine and imprisonment.

Section 178O. Liability of public officials and employees for sex offender registry information

Police officials and other public employees acting in good faith shall not be liable in a civil or criminal proceeding for the dissemination of sex offender registry information or other act or omission under the provisions of sections 178C to 178Q, inclusive.

Section 178P. Failure to comply with registration requirements; warrantless arrests

When a police officer has probable cause to believe that a sex offender has failed to comply with the registration requirements of sections 178C to 178Q, inclusive, the officer shall have the right to arrest the sex offender without a warrant and to keep the sex offender in custody.

Section 178Q. Sex offender registry fee

The board shall assess upon every sex offender a fee of $75, hereinafter referred to as “sex offender registry fee.”  Sex offenders shall pay the sex offender registry fee upon their initial registration as a sex offender and annually thereafter in the month of their birth provided, however, no fee shall be assessed or collected until offenders have either (1) waived their right to petition for an evidentiary hearing to challenge their duty to register as a sex offender as set forth in section 178L or (2) have completely exhausted the legal remedies made available to them to challenge their duty to register under sections 178L and 178M and have not prevailed in their attempt to eliminate their duty, nor shall a fee be assessed upon a sex offender until the offender reaches 18 years of age. A sex offender’s duty to pay the fee established by this section shall only terminate upon the termination of the sex offender’s duty to register as a sex offender as set forth in section 178G.

The sex offender registry board may waive payment of the sex offender registry fee if it determines that the payment would constitute an undue hardship on the sex offender or the sex offender’s family due to limited income, employment status, or any other relevant factor. Any waiver so granted shall be in effect only during the period of time that the sex offender is determined to be unable to pay the sex offender registry fee. The board shall establish procedures relative to the collection and waiver of the fee by regulation. The sex offender registry fee shall be collected and retained by the sex offender registry board. The board shall account for all fees received and report fees annually to the secretary of administration and finance and the house and senate committees on ways and means.

SECTION 3.  Chapter 22E, as so appearing, is hereby amended by striking out section 3 and inserting in place thereof the following section:-

Section 3.  A person who is convicted of an offense that is punishable by imprisonment in the state prison, who is adjudicated a youthful offender by reason of an offense that would be punishable by imprisonment in the state prison if committed by an adult, who is required to register as a sex offender under section 178E of chapter 6 or who enters the commonwealth under the interstate compact for adult offender supervision and committed a crime in the sending state that would be punishable by imprisonment in state prison if committed in Massachusetts shall submit a DNA sample to the department within 6 months of the conviction or adjudication or, if incarcerated, before release from custody, or when they register as a sex offender, whichever occurs first. The sample shall be collected by a person authorized under section 4, in accordance with regulations or procedures established by the director. The results of the sample shall become part of the state DNA database. The submission of the DNA sample shall not be stayed pending a sentence appeal, motion for new trial, appeal to an appellate court or other post conviction motion or petition.

SECTION 4.  Retroactive Application to Finally Classified Registered Sex Offenders.

Any sex offender finally classified by the board and required to register under sections 178C to 178Q, in effect prior to the effective date of this act, must continue to register under this act. 

The board shall send to all sex offenders finally classified by the board under sections 178C to 178Q, in effect prior to the effective date and who must continue to register, written notification, and the sex offenders shall acknowledge in writing, of their duty to register in the commonwealth and in any other jurisdiction where they reside, have a secondary address, work or are enrolled in school, notification of their duty to verify and update their registration information, and the penalties for failure to do so and for giving false registration information. If the sex offender is a minor or has been deemed by a court to be incompetent at the time of notification, the notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the person in the absence of a legal guardian and his most recent attorney of record. 

This notification shall inform the sex offenders of the date they must verify their registration information under 178E(c) of this act and the date or dates during the next 12 months that they must verify their registration information.  Level 1 sex offenders must verify their registration information in person within 12 months of the effective date of this section; level 2 sex offenders must verify their registration information in person within 6 months of the effective date of this section; level 3 sex offenders, including sexually violent predators, must verify their registration information in person within 3 months of the effective date of this section; and homeless sex offenders must verify their registration information within 30 days of the effective date of this section.  Sex offender shall appear in person to verify and update their registration information at the police department in the city or town where the sex offender resides, or if the sex offender does not reside in the commonwealth, in the city or town where the sex offender has a secondary address, works or is enrolled in school.  The police department shall enter the registration information into the sex offender registry and electronically transmit the sex offender’s registration information to the board.  The sex offender’s final classification by the board as a level 1, level 2, or level 3 under sections 178C to 178Q, in effect prior to the effective date, will remain the same. 

If the sex offender no longer has an obligation to register under this act, the board shall so notify the sex offender. 

SECTION 5.  Retroactive Application to Unclassified Registered Sex Offenders.

Any sex offender not finally classified by the board who was required to register under sections 178C to 178Q, in effect prior to the effective date of this act, must continue to register under this act.

The board shall send to all unclassified sex offenders who must continue to register, written notification, and the sex offenders shall acknowledge in writing, of their duty to register in the commonwealth and in any other jurisdiction where they reside, have a secondary address, work or are enrolled in school, notification of their duty to verify and update their registration information, and the penalties for failure to do so and for giving false registration information. If the sex offender is a minor or has been deemed by a court to be incompetent at the time of notification, the notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the person in the absence of a legal guardian and his most recent attorney of record. 

This notification shall inform sex offenders of the date they must verify their registration information under 178E(c) of this act and the date or dates during the next 12 months that they must verify their registration information.

SECTION 6.  A person required to register as a sex offender who has not previously submitted a DNA sample to the department of state police under chapter 22E shall submit a DNA sample to the department within 6 months of the effective date of this act.