HOUSE DOCKET, NO. 3309        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1232

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul Brodeur and Katherine M. Clark

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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 our communities.

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PETITION OF:

HOUSE DOCKET, NO. 3309        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1232

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act to protect our communities.

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

         SECTION 1. Section 178C of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking the definition of “Secondary addresses” and inserting in place thereof the following definition:-

"Secondary addresses'', the addresses of all places where a sex offender lives, abides, lodges, works or resides for a period of 14 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, works 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 address.

         SECTION 2. Section 178C of chapter 6 of the General Laws, as most recently amended by section 2 of chapter 178 of the Acts of 2011, is hereby amended by striking the definition of “Sex offense involving a child” and inserting in place thereof the following definition:-

"Sex offense involving a child'', an 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 said chapter 265; a repeat offense under section 13B3/4 of said chapter 265; rape of a child under 16 with force under section 22A of said chapter 265; aggravated rape of a child under 16 with force under section 22B of said chapter 265; a repeat offense under section 22C of said chapter 265; rape and abuse of a child under section 23 of said chapter 265; aggravated rape and abuse of a child under section 23A of said chapter 265; a repeat offense under section 23B of said chapter 265; assault of a child with intent to commit rape under section 24B of said chapter 265; kidnapping of a child under the age of 16 under section 26 of said chapter 265; enticing a child under the age of 16 for the purposes of committing a crime under section 26C of said chapter 265; enticing a child under 18 via electronic communication to engage in prostitution, human trafficking or commercial sexual activity under section 26D of said chapter 265; trafficking of persons for sexual servitude upon a person under 18 years of age under subsection (b) of section 50 of said chapter 265; inducing a minor into prostitution under section 4A of chapter 272; living off or sharing earnings of a minor prostitute under section 4B of said chapter 272; disseminating to a minor matter harmful to a minor under section 28 of said chapter 272; posing or exhibiting a child in a state of nudity under section 29A of said chapter 272; dissemination of visual material of a child in a state of nudity or sexual conduct under section 29B of said chapter 272; possession of child pornography under section 29C of chapter 272; unnatural and lascivious acts with a child under 16 under section 35A of said chapter 272; aggravated rape under section 39 of chapter 277; and any attempt to commit a violation of any of the aforementioned sections pursuant to section 6 of chapter 274 or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority.

SECTION 3. Section 178D of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The board shall develop standardized registration and verification forms, which shall include registration data as required pursuant to sections 178C to 178P. The board shall make blank copies of such forms available to all agencies having custody of sex offenders and all city and town police departments; provided, however, that the board shall determine the format for the collection and dissemination of registration data, which may include the electronic transmission of data. Records maintained in the sex offender registry shall be open to any law enforcement agency in the commonwealth, the United States or any other state, as well as the department of youth services, the department of children and families, the department of early education and care, the parole board, the department of probation and the department of mental health. The board shall promulgate rules and regulations to implement the provisions of sections 178C to 178P, inclusive. Such rules and regulations shall include provisions which may permit police departments located in a city or town that is divided into more than one zip code to disseminate information pursuant to the provisions of section 178J categorized by zip code and to disseminate such information limited to one or more zip codes if the request for such dissemination is so qualified; provided, however, that for the city of Boston dissemination of information may be limited to one or more police districts.

SECTION 4. Section 178E of said chapter 6, as so appearing, is hereby amended by inserting, after the word “inclusive” in subsection (f) the following words:-

, but the court may terminate the order of relief based on new information that arises during the pendency of any probationary term imposed on the sex offense, and the order of relief will automatically terminate if the sex offender’s probation is revoked and a committed sentence is imposed on the sex offense. 

SECTION 5. Section 178F of said chapter 6, as so appearing, is hereby amended by striking out, in line 27, the word "subsequent".

SECTION 6. Section 178F1/2 of said chapter 6, as so appearing, is hereby amended by striking out, in line 25, the word "subsequent".

SECTION 7. Section 178J of said chapter 6, as so appearing, is hereby amended by inserting after subsection (c) the following subsection:-

(d) If the search of the sex offender registry conducted pursuant to clause (1) of subsection (b) results in the identification of a sex offender required to register pursuant to this chapter who has yet to be classified or has been finally classified by the board as a level 1 offender under section 178K, the police shall disseminate to the person making the inquiry:

(1)the name of the sex offender;

(2)the sex offender’s classification level; and

(3)the offense for which he was convicted or adjudicated and the dates of such conviction or adjudication.

Information about an offender who has yet to be classified or has been finally classified by the board as a level 1 offender shall not be released pursuant to an inquiry described in clauses (2) and (3) of subsection (b).

SECTION 8. Section 178K of said chapter 6, as so appearing, is hereby amended by inserting after clause (l) of subsection (1) the following clause:-

(m) conviction of a crime constituting a sex offense involving a child as that term is defined in section 178C shall create a rebuttable presumption of classification no lower than level 2.

SECTION 9. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 91, the word “and”.

SECTION 10. Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 93, the punctuation mark “.” and inserting after the word “offender” the following:-

; and

SECTION 11. Subsection (2) of section 178K of said chapter 6, as so appearing, is hereby amended by striking out paragraph (a) and inserting in place thereof the following paragraph:-

(a) Where the board determines that the risk of reoffense is low and the degree of dangerousness posed to the public is not such that a public safety interest is served by general public availability of registration information but only upon request pursuant to subsections (a) and (b)(1) of section 178J, it shall give a level 1 designation to the sex offender. In such case, the board shall transmit the registration data and designation to the police departments in the municipalities where such sex offender lives and works and attends an institution of higher learning upon release and where the offense was committed and to the Federal Bureau of Investigation. The public shall have access to the information regarding a level 1 offender in accordance with the provisions of section 178J. The police and board may also release such information identifying such sex offender to the department of correction, any county correctional facility, the department of youth services, the department of children and families, the department of early education and care, the parole board, the department of probation and the department of mental health, all city and town police departments and the Federal Bureau of Investigation.

SECTION 12.  Section 178K of said chapter 6, as so appearing, is hereby amended by inserting after subsection (3) the following subsections:-

(4) The sex offender registry board, in cooperation with the executive office of public safety and security, and with the consultation of the offices of the district attorneys, the department of probation, the department of children and families and the Massachusetts Chiefs of Police Association, shall establish and maintain a system of procedures for the ongoing sharing of information between the board, the offices of the district attorneys, and any department, agency or office of the Commonwealth that reports, investigates or otherwise has access to potentially relevant information, including but not limited to, the department of youth services, the department of children and families, the department of mental health, the department of developmental services, the department of correction, the department of probation, the department of early education and care and the office of the child advocate, of any information that may be relevant to the board’s determination or reevaluation of a sex offender’s level designation. The board shall promulgate any rules and regulations necessary to establish, update and maintain this system, ensure its comprehensiveness, clarity, and effectiveness, and define what information may be relevant. When sharing information through this system, the offices of the district attorneys shall have discretion to delay sharing information where it is reasonably believed that disclosure would compromise or impede a prosecution.

(5) Notwithstanding any general or special law to the contrary, the sex offender registry board shall have access to any information that is determined be relevant to the board’s determination or reevaluation of a sex offender’s level designation as defined pursuant to subsection (4) of this section through the system of procedures established by that subsection.

SECTION 13. Section 178L of said chapter 6, as so appearing, is hereby amended by inserting after subsection (2) the following subsection:-

(3) The board may, on its own initiative or upon written request by a police department or district attorney, seek to reclassify any registered and finally classified sex offender in the event that new information that is relevant to a determination of a risk of reoffense or degree of dangerousness is received. The board shall promulgate regulations defining such new information and establishing the procedures relative to a reclassification hearing held for this purpose.

SECTION 14. Section 51A of chapter 119 of the General Laws, as most recently amended by section 10 of chapter 178 of the Acts of 2011, is hereby amended by striking the first paragraph of subsection (a) and inserting in place thereof the following paragraph:-

(a) A mandated reporter who, in his professional capacity, has reasonable cause to believe that a child is suffering: (i) physical or sexual abuse; (ii) neglect, including malnutrition; (iii) physical dependence upon an addictive drug at birth; (iv) being a sexually exploited child; or (v) being a human trafficking victim as defined by section 20M of chapter 233, shall immediately communicate with the department orally and, within 48 hours, shall file a written report with the department detailing the suspected abuse or neglect.

SECTION 15. Section 21 of said chapter 119, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition of “Mandated reporter” the following definition:-

“Neglect”, the failure, either deliberately or through negligence or inability, to take those actions necessary to provide a child with minimally adequate food, clothing, shelter, medical care, supervision, emotional stability and growth, or other essential care when there is a duty to do so; provided, however, that such inability is not due solely to inadequate economic resources or the existence of a disabling condition. Actual emotional or physical injury is not required. Neglect also includes exposure to domestic violence, which may include, but is not limited to, conduct where: the alleged perpetrator made threats to kill the domestic partner, child or self and the domestic partner fears for their safety; a child in the home was physically injured in an incident where the domestic partner was the target; the child was coerced to participate in or witness abuse of the domestic partner; or the incident involved the use or threatened use of a weapon and the domestic partner believes the alleged perpetrator intended to or has the ability to cause harm.

SECTION 16. Section 21 of said chapter 119, as so appearing, is hereby amended by inserting after the definition of “Parent” the following definition:-

“Physical abuse”, a non-accidental act, with or without a weapon, that causes or creates a substantial risk of physical injury to a child, including: death; abusive head trauma; fracture of any bone; any burn; loss or impairment of any organ or limb; addiction to a drug or drugs at birth; failure to thrive; and soft tissue swelling, cuts, or bruising depending on such factors as the child’s age, circumstances under which the injury occurred, and the number and location of the injuries.

SECTION 17. Section 21 of said chapter 119, as so appearing, is hereby amended by inserting after the definition of “Serious bodily injury” the following definition:-

“Sexual abuse”, any sexual contact between a person and a child in that person’s care or the commission or attempted commission of a sexual offense as defined by section 1 of chapter 123A.

SECTION 18. Notwithstanding any general or special law to the contrary, there shall be a special commission for the purposes of making an investigation and study relative to the determination of the most reliable protocols for predicting the risk of recidivism of sex offenders and development of a Massachusetts Authorized Risk Assessment Tool for Sexual Offenders, including but not limited to any special assessment tools for juveniles and female offenders. The commission shall consist of: 2 members of the senate, 1 of whom shall be the senate president or a designee who will serve as co-chair;  2 members of the house of representatives, 1 of whom shall be the speaker or a designee who shall serve as co-chair; the chairman of the sex offender registry board or a designee; the commissioner of probation or a designee; the commissioner of mental health or a designee; the secretary of the executive office of public safety and security or designee; the commissioner of the Executive Office of Health and Human Services or designee; and 5 persons to be appointed by the governor, 2 of whom shall have expertise in treatment of sex offenders and knowledge of the research on recidivism of sex offenders, 1 of whom shall have experience in the treatment of juvenile sex offenders, 1 of whom shall be a representative of the Massachusetts District Attorneys Association, and 1 of whom shall be a representative of the Massachusetts Chiefs of Police Association.

All appointments shall be made not later than 30 days after the effective date of this Act. The chairpersons shall meet with the commission not later than 60 days after the effective date of this Act.

The Commission shall report to the Governor, Senate President, Speaker of the House of Representatives, and the general court no later than 180 days after the effective date of this Act. The commission shall report the result of its investigation and study and any recommended legislative or regulatory action, along with a timeline for implementation.

SECTION 19. Section 6 of chapter 15D of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after subsection (e) the following subsection:-

(f)  The department shall promulgate rules and regulations for the purposes of publishing the licensing history of any its licensees through its website, which shall include defining the extent, nature, and manner of availability of the information to be provided to the public pursuant to this section.