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  • Acts
  • 2013
  • Chapter 63 AN ACT RELATIVE TO SEX OFFENDERS.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to regulate forthwith certain sex offenders, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety.

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 178F1/2 of chapter 6 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following 3 sentences:- An incarcerated sex offender finally classified by the board as a level 2 or level 3 sex offender who is required to register under sections 178C to 178P, inclusive, shall appear in person within 2 days of release from the custody of an agency, including the department of correction, the department of youth services or any of the houses of correction, at the local police department in the city or town in which the sex offender lives, or if the sex offender does not reside in the commonwealth, in the city or town in the commonwealth in which the sex offender has a secondary address, works or attends an institution of higher learning, to register; but no such obligation to register in person shall arise where the pertinent address is the same as that provided to the board by the offender before his release under subsection (a) of section 178E. The sex offender shall be informed by, and shall acknowledge in writing to, the agency that has custody of the sex offender of the duty to comply with this section. A sex offender who is finally classified by the board as a level 2 or level 3 offender and who is required to register under said sections 178C to 178P, inclusive, shall appear in person annually at the local police department in the city or town in which the sex offender lives or, if the sex offender does not reside in the commonwealth, in the city or town in the commonwealth in which the sex offender has a secondary address, works or attends an institution of higher learning, to verify that the registration data on file remains true and accurate.

SECTION 2. Section 178P of said chapter 6, as so appearing, is hereby amended by adding the following paragraph:-
Whenever a police officer, district attorney or agent, employee or representative of the executive office of health and human services has information indicating that a sex offender is at risk to reoffend, the police department, district attorney or, to the extent permitted by federal law, the executive office of health and human services agent, employee or representative shall forward that information to the board; but a police department or district attorney shall not forward information to the board that the police department or district attorney believes will compromise an ongoing investigation. The board, after consulting the executive office of health and human services, shall adopt regulations to provide specific guidance concerning the type and location of information that might indicate that a sex offender is at risk to reoffend and the circumstances that require disclosure.

Approved, August 7, 2013.