HOUSE DOCKET, NO. 4172        FILED ON: 9/29/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul R. Heroux

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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 relative to juvenile sex offender registration.

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PETITION OF:

HOUSE DOCKET, NO. 4172        FILED ON: 9/29/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to juvenile sex offender registration.

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

Section 178G of chapter 6 of the General Laws, as appearing in the 2014 official edition, is hereby amended by adding the following paragraph:-

When a registered juvenile sex offender reaches 21 years of age and  has been released from the custody or supervision  of the Department of Youth Services, the Department of Correction, a County House of Correction, Massachusetts Probation Services or the Massachusetts Parole Board, whichever last occurs, that person  may petition the court  to terminate their obligation to register as a sex offender, unless that person is classified as a tier III sex offender under the Sex Offender Registration and Notification Act, 42 U.S.C.A. section 16911, in which case their duty to register may not be terminated prior to 25 years after release from custody or supervision with a demonstrated clean record.  If the court determines at a hearing that the person who has been registered as a sex offender from an offense committed as a juvenile is likely to or does pose an ongoing serious or aggressive threat to the public for a subsequent sex offense, the court shall order that the delinquent act be deemed an adult criminal conviction for the purpose of registration, notification, and public information access pursuant to this chapter. If the court determines the person is not likely to or does not pose an ongoing serious or aggressive threat to the public, the court shall order that the person is no longer required to register as a sex offender and shall order the board to delete the person’s information from the sex offender registry.  The attorney general or district attorney shall have the right to be heard and the right to have the person assessed. In making its determination, the court shall consider:

(1)    the likelihood the petitioner will reoffend, based on a risk assessment or an evaluation by a licensed mental health professional having attained a PhD, MD or PsyD, the cost of which shall be borne by the petitioner unless the petitioner is indigent;

(2)    the age of the petitioner at the time of the offense;

(3)    mitigating factors, including whether the petitioner has completed any treatment programs;

(4)    aggravating factors including, but not limited to, use of force or weapons;

(5)    any assessments of the person performed at the request of the attorney general or district attorney; and

(6)    other factors the court considers relevant.