The term “sex 021” frequently appears when searching for information on Massachusetts sex offender laws, serving as shorthand for these statutes. This numerical reference points to the legal framework overseen by the Sex Offender Registry Board (SORB) in Massachusetts. The registry system’s objective is to enhance public safety by providing information about individuals convicted of sex offenses. It aims to prevent further victimization by informing communities about those who have committed such crimes.
The Sex Offender Registry Board is the state agency maintaining a database of convicted sex offenders and classifying each individual. This classification ensures the public receives appropriate information about sex offenders living or working in their communities. The registry’s structure and rules are detailed in Massachusetts General Law Chapter 6, Sections 178C through 178Q, outlining duties, classifications, and public access.
The Sex Offender Classification System
Massachusetts employs a three-tiered classification system for sex offenders, categorizing individuals by their assessed risk of re-offense and danger to the public. This classification is determined by the Sex Offender Registry Board (SORB) and is central to the state’s registry laws. The process involves reviewing the offender’s criminal history, victim impact statements, police reports, court records, and other relevant information. Massachusetts General Law Chapter 6, Section 178K, establishes the basis for this classification, guiding the Board’s assessment of each offender’s risk.
Level 1 (Low Risk)
A Level 1 designation is assigned when SORB determines an offender presents a low risk of re-offense and low dangerousness to the public. The Board concludes public availability of this information would not serve a public safety interest. Consequently, information on Level 1 offenders is not accessible to the general public. Neither local police nor SORB are authorized to disseminate identifying details about Level 1 offenders to the broader community.
Information regarding Level 1 offenders is restricted to specific law enforcement and government agencies. This includes entities such as the Department of Correction, county correctional facilities, the Department of Youth Services, the Department of Social Services, the Parole Board, the Department of Probation, the Department of Mental Health, all city and town police departments, and the Federal Bureau of Investigation. This limited sharing provides necessary data to authorities for internal purposes without broader public disclosure.
Level 2 (Moderate Risk)
Level 2 offenders are those SORB determines pose a moderate risk of re-offense and moderate dangerousness to the public. For these individuals, public availability of registration information serves a public safety interest. This classification allows for greater access to information compared to Level 1 offenders.
The public can access information about Level 2 offenders through their local police department and by contacting the Sex Offender Registry Board. Additionally, for Level 2 offenders classified after July 12, 2013, some information is available through SORB’s website. This approach balances public safety with privacy considerations for individuals deemed to pose a moderate risk.
Level 3 (High Risk)
A Level 3 classification signifies SORB has determined an offender presents a high risk of re-offense and high dangerousness to the public. In these instances, a substantial public safety interest exists in the active dissemination of registration information. This level involves the broadest public notification.
Information on Level 3 offenders is accessible to the public through multiple avenues. This includes local police departments and the online registry maintained by SORB. Police departments are required to implement community notification plans for Level 3 offenders, actively informing organizations and individuals likely to encounter them.
Registration Requirements and Offender Obligations
Sex offenders in Massachusetts are subject to specific registration duties and ongoing obligations. Upon release from incarceration or moving into the state, an offender must register with SORB within two days. This initial registration involves providing personal information to the Board.
The required information typically includes the offender’s full name, current residential address, any secondary addresses, date of birth, and social security number. Offenders must also provide a photograph and fingerprints as part of their registration. This data collection ensures the Board maintains accurate records for monitoring.
Beyond initial registration, offenders must verify their information periodically. This verification generally occurs annually during their birth month. Homeless sex offenders may be required to verify their information more frequently, every 30 days, with their local police department. Any change in registration information, including changes in residence, employment, or school enrollment, must be promptly reported to the Board or local police department.
Failure to comply with these verification and reporting requirements can lead to severe legal consequences. Offenders must ensure all provided information is accurate and current to avoid criminal charges. The responsibility for maintaining updated registration data rests solely with the classified individual.
Legal Implications and Restrictions
Registration as a sex offender in Massachusetts carries significant legal implications and imposes various restrictions. These consequences manage public safety and impact an offender’s ability to live and work. The severity of these restrictions often correlates with the offender’s classification level.
A common restriction involves residency rules, which may prohibit Level 2 and Level 3 offenders from living within a certain distance of specific locations. These locations frequently include schools, parks, and daycare centers, aiming to reduce potential interactions with vulnerable populations. While specific distances can vary by local ordinances, the intent is to create buffer zones around places where children typically congregate.
Beyond residency, registered offenders may face challenges in securing employment and housing. Some occupations may be restricted, particularly those involving direct contact with children or other at-risk groups. Similarly, landlords may be hesitant to rent to registered sex offenders, leading to difficulties in finding suitable living arrangements. Additionally, any sex offender subject to lifetime registration is prohibited from receiving federally assisted housing.
International travel can also be impacted, as some countries may deny entry to individuals listed on a sex offender registry. Massachusetts General Law Chapter 6, Section 178H, outlines severe criminal penalties for non-compliance with registration requirements. Knowingly failing to register, verify information, provide notice of a change of address, or providing false information can result in imprisonment and fines. A first conviction under this section can lead to imprisonment for not less than six months and up to two and one-half years in a house of correction, or up to five years in state prison, along with a fine of up to $1,000, or both. Subsequent convictions carry even stricter penalties, including imprisonment in state prison for not less than five years.