HOUSE DOCKET, NO. 543        FILED ON: 1/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 411

The Commonwealth of Massachusetts

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PRESENTED BY:

Antonio F. D. Cabral

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to protect children against sex offenders.

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PETITION OF:

HOUSE DOCKET, NO. 543        FILED ON: 1/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 411

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1299 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to protect children against sex offenders.

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

Section XX.  Section 178L of chapter 6 of the general laws, as appearing in the 2008 official edition, is hereby amended by replacing section 1(a) with the following:

Not less than 180 days prior to the release or parole of a sex offender from custody or incarceration, the board shall notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register according to the provisions of section 178E.  If the sex offender is a juvenile at the time of such notification, notification shall also be mailed to the sex offender’s legal guardian and his most recent attorney of record.   Such sex offender may submit such evidence to the board within 30 days of receiving such notice from the board.  Upon a reasonable showing, the board may extend the time in which such sex offender may submit such documentary evidence by no more than 30 days.  The board may extend the time which such sex offender may submit such documentary evidence after the 30 days, but only after additional reasonable showing and not more than 30 days at a time.  Upon reviewing such evidence, the board shall notify the sex offender within 30 days of the board’s recommended sex offender classification, his duty to register, if any, his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.  If the offender is found to be indigent as determined by the board using the standards under chapter 211D, counsel shall be appointed within 20 days.  Such sex offender shall petition the board for such hearing within 20 days of receiving such notice.  The board shall conduct such hearing within 60 days from the latter of petition from the sex offender or appointment of counsel.  The failure timely to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.

Section XX.  Section 178L of chapter 6 of the general laws, as appearing in the 2008 official edition, is hereby amended by replacing section 1(c) with the following:

In the case of any sex offender not in custody, upon receiving registration data from the agency, the police department at which the sex offender registered, the sentencing court or by any other means, the board shall promptly notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register, if any, according to the provisions of section 178E.  If such sex offender is a juvenile at the time of such notification, notification shall also be mailed to the sex offender’s legal guardian and his most recent attorney of record.   Such sex offender may submit such evidence to the board within 30 days of receiving such notice from the board.  Upon a reasonable showing, the board may extend the time in which such sex offender may submit such documentary evidence by no more than 30 days.  The board may extend the time which such sex offender may submit such documentary evidence after the 30 days, but only after additional reasonable showing and not more than 30 days at a time.  Upon reviewing such evidence, the board shall notify the sex offender within 30 days of the board’s recommended sex offender classification, his duty to register, if any, his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding.  If the offender is found to be indigent as determined by the board using the standards under chapter 211D, counsel shall be appointed within 20 days.  Such sex offender shall petition the board for such hearing within 20 days of receiving such notice.  The board shall conduct such hearing within 60 days from the latter of petition from the sex offender or appointment of counsel.  The timely failure to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.