Budget Amendment ID: FY2014-S3-69

JUD 69

SORB Reclassification Authorization

Messrs. Tarr, Hedlund, Knapik, Ross and Michael O. Moore moved that the proposed new text be amended by inserting after section _ the following sections:-

SECTION _.  Section 178L of chapter 6 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following subsection:-

(3)(a) The board may, upon its own motion or pursuant to a written request from a district attorney, police department, victim of a sex offense, or agent,  employee or representative of the office of health and human services, consider the reclassification of a registered and finally classified sex offender.  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, the board may vote to reconsider the classification of the finally classified sex offender.  The board shall maintain a certified record of requests to reconsider made by a district attorney or police department; provided, however, that a district attorney or police department may file a motion with the board to make an expedited recommended reclassification upon a showing that such sex offender poses a grave risk of imminent reoffense.  If the petition is granted, the board shall make such recommendation within 10 days.  If the petition is not granted, the board shall make such recommendation to reconsider in an otherwise timely manner.

(b) A reconsideration of classification shall not occur without the approval of not less than 4 members of the board.  The board shall promptly notify the sex offender of an affirmative vote to reconsider the present classification level of the sex offender.

(c) 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 or any information provided by a district attorney, police department, victim of a sex offense, or agent or  employee of the office of health and human services and any materials submitted by the sex offender, the board shall reclassify the sex offender as provided for by the classification process of this section; provided, however, that the reclassification of a sex offender on a petition granted by the board from an expedited recommended reclassification request from a district attorney or police department shall be made by the board within ten days of the expiration of the time to submit documentary evidence.

SECTION _.  Section 178M of chapter 6 of the General Laws, as so appearing, is hereby amending by inserting after the word “classification”, in line 2, the following word:- “reclassification”.