Budget Amendment ID: FY2015-S4-612-R2

2nd Redraft EPS 612

Enhancing Assessment Information of the Sexual Offender Registration Board

Mr. Tarr moved that the proposed new text be amended moved that the bill be amended by inserting, after section__, the following new sections:-

“SECTION __. The first sentence of subsection (2) of section 178K of chapter 6, as appearing in the 2012 Official Edition, is hereby amended in line 97 by inserting after the word “register” the following words:-

, provided that 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, provided further that a conviction of a crime constituting a sexually violent offense and/or a sex offense involving a child shall constituent at a minimum of a level 1 designation to the sex offender to comply with the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071.

SECTION __. Section 178L of chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(3) (a) The board shall notify the local police department in the city or town in which such sex offender lives, works or attends school at least 30 days before classifying or reclassifying a sex offender.

SECTION __. Section 178P of chapter 6 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(2) Whenever a police officer, district attorney, or agent, employee or representative of the office of health and human services has information that may be relevant to the assessment of a sex offender’s risk to reoffend or degree of dangerousness, the police department, district attorney, or health and human services agent, employee or representative shall forward to the board said information; provided, however, that a police department or district attorney need not forward information to the board that it believes will compromise an ongoing investigation.”