803 C.M.R. 1.03
All words and phrases not defined in 803 CMR 1.00 shall be defined by M.G.L. c. 6, § 178C. Unless otherwise indicated in a specific factor enumerated in 803 CMR 1.33, the use of the male gender in 803 CMR 1.00 shall be deemed to include the female or neutral gender. The use of the singular includes the plural and vice versa where the context so permits.
As used in 803 CMR 1.00, the following words and phrases shall have the following meanings:
Administrative Hearing. An adjudicatory proceeding before an impartial hearing examiner where the sex offender's current risk of re-offense and degree of dangerousness is determined.
Authorized Representative. An appointed or privately retained attorney, legal guardian or any other person authorized by the sex offender to represent him or her during the hearing process. For appointment of counsel, see 803 CMR 1.09. If the authorized representative is not an attorney, they shall submit to the Board a written authorization signed and dated by the sex offender at least ten business days prior to the scheduled hearing date. The written authorization shall state the relationship between the authorized representative and the sex offender.
Child Sexual Abuse Material (CSAM). Any visual depiction of sexually explicit conduct involving a minor, also known as child pornography.
Child Victim. A Victim of a sexual misconduct or sex offense younger than 16 years old unless otherwise defined within 803 CMR 1.00.
Civilly Committed. Sex offenders who are committed as a sexually dangerous person pursuant to M.G.L. c. 123A, § 1, including being committed for a day to life pursuant to M.G.L. c. 123A, § 14, temporarily committed pending a probable cause hearing pursuant to M.G.L. c. 123A, § 12, or temporarily committed following a probable cause determination pursuant to M.G.L. c. 123A, § 13.
Classification File. The part of the sex offender's file maintained by the Board that contains the documentary evidence compiled by the Board to complete the recommendation process.
Classification Worksheet. A form developed and approved by the Board that reflects the recommendation process, shows the foundation for and indicates the Board's recommended registration and classification determination for each offender. The worksheet shall include a review of the factors enumerated in M.G.L. c. 6, § 178K(1)(a) through (l) and explained further in 803 CMR 1.33. The Board shall make a blank copy of the Classification Worksheet and related policies, procedures, protocols, and objective standards generally available and available upon request. The hearing examiner presiding over a classification hearing is not bound by the recommended classification or the means by which it was adduced.
Clear and Convincing Evidence. The standard applied at administrative hearings where the hearing examiner determines, based upon all of the evidence, there is a high degree of probability that the sex offender meets the standards specified for the duty to register and to be classified at a designated level. The Board shall bear the burden of proof at all administrative hearings.
Dangerousness. The severity and extent of harm the sex offender would present to the public in the event of sexual re-offense.
Documentary Evidence. Clear and legible records, data, reports, or letters submitted to the Board by the sex offender or on behalf of the sex offender relative to their risk of re-offense and the degree of dangerousness the sex offender poses to the public and their duty to register.
Employment. Any work that is full-time or part-time for a period exceeding 14 days or for an aggregate period exceeding 30 days during any calendar year, whether compensated or uncompensated, self-employed or working for an entity. To work shall mean to perform employment or work defined in 803 CMR 1.00.
ESORI Portal. Electronic Sex Offender Registry (ESORI) Portal authorized under M.G.L. c. 6, § 178I which allows individual users and members of an organization to request information by written request regarding a finally classified Level 2 or Level 3 sex offender.
Expert Witness. For purposes of 803 CMR 1.17(5), a licensed medical doctor or mental health professional, excluding employees of the Sex Offender Registry Board, whose testimony and report offering an opinion as to a sex offender's risk of re-offense and degree of dangerousness were prepared expressly for reliance by a Party at a hearing conducted pursuant to 803 CMR 1.10 through 1.20. Reports prepared by licensed mental health professionals that contain an opinion as to a sex offender's risk of re-offense and degree of dangerousness that were prepared for any other purpose will not qualify as Expert Witness opinions for a hearing conducted pursuant to 803 CMR 1.10 through 1.20.
Factor(s). The descriptions and definitions as well as the principles and authorities enumerated in 803 CMR 1.33 which the Board uses in its classification determinations.
Final Classification. A sex offender shall be deemed finally classified when the presiding hearing examiner determines that they are a Level 1, Level 2 or Level 3 Offender, except where a sex offender has declined to request a hearing, in which case the recommended classification accomplished pursuant to 803 CMR 1.06 will become the Final Classification.
Full Board. At least four members of the Sex Offender Registry Board. The full board may establish policies and procedures to implement the provisions of M.G.L. c. 6, §§ 178C through 178Q and 803 CMR 1.00.
Hearing Examiner. An individual employed by the Sex Offender Registry Board, a single member of the Sex Offender Registry Board, a hearing panel, or the Chair's designee to conduct administrative hearings to determine by clear and convincing evidence a sex offender's duty to register and final classification level.
Incarcerated Offender. An offender serving a sentence at the Department of Correction (DOC) or a House of Correction (HOC) or committed to the Department of Youth Services (DYS) receiving treatment in a hardware secure placement.
Jurisdiction. The Board has jurisdiction over a person who resides, has secondary addresses, works or attends an institution of higher learning in the Commonwealth and who has been convicted of a sex offense or who has been adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense or a person released from incarceration or parole or probation supervision or custody of DYS for such a conviction or adjudication or a person who has been adjudicated a sexually dangerous person under M.G.L. c. 123A, § 14 as in force at the time of adjudication, or a person released from civil commitment pursuant to M.G.L. c. 123A, § 9, whichever last occurs, on or after August 1, 1981.
Juvenile. An individual younger than 18 years old at the time of committing a sex offense. If the sex offender is a juvenile, all written notifications from the Board shall also be mailed to:
Level 1 Offender. The designation given to a sex offender when it has been determined either their risk of re-offense is low or their degree of dangerousness is low, and as a result, the danger posed to the public is not such that a public safety interest is served by public access to information pertaining to the offender.
Level 2 Offender. The designation given to a sex offender when it has been determined either their risk of re-offense is moderate or their degree of dangerousness is moderate, and the danger posed to the public is such that a public safety interest is served by public access to their sex offender registry information.
Level 3 Offender. The designation given to a sex offender when it has been determined their risk of re-offense is high, their degree of dangerousness is high, and the danger posed to the public is such that a substantial public safety interest is served by public access to and active dissemination (community notification) of their sex offender registry information.
Party. The sex offender and the Sex Offender Registry Board. At the administrative hearing, the sex offender may represent himself or herself or have an authorized representative. For representation at the administrative hearing see 803 CMR 1.09. The Board may have a representative responsible for presenting evidence and argument regarding the offender at any hearing held under 803 CMR 1.00. The Sex Offender Registry Board shall be identified by its name and not by its individual representatives' names.
Public Website. The "sex offender internet database" as authorized by M.G.L. c. 6, § 178D which is publicly accessible via the Sex Offender Registry Board's website and allows the public to search for finally classified Level 2 sex offenders after July 12, 2013 and Level 3 sex offenders by name, city/town, and/or geographical/neighborhood search.
Provisional Status. Designation to an incarcerated or civilly committed sex offender's classification level indicating that it is not yet finalized as the offender is not reasonably close to release which in no circumstances shall it be more than one year before the anticipated release date.
Receipt. The delivery of mail. There shall be a rebuttable presumption that any notice or letter mailed by the Sex Offender Registry Board to the offender at the address(es) at which the sex offender is currently registered was received by the offender within three days of mailing.
Recommendation. The Board's recommended classification, also referred to as preliminary classification level, made pursuant to the policies, procedures, protocols, and objective standards set forth in M.G.L. c. 6, § 178K(1)(a) through (l) and explained in 803 CMR 1.33 to base its recommended classifications. The Board shall make its policies, procedures, protocols, and objective standards for the recommendation process generally available and available upon request.
School. Any public or private educational institution, including any secondary school, trade, vocational or professional institution, or a post-secondary institution of higher learning.
Second and Subsequent Adjudication or Conviction for Open and Gross Lewdness and Lascivious Behavior. The later of two or more separate adjudications or convictions pursuant to M.G.L. c. 272, § 16. An adjudication or conviction after an initial adjudication or conviction of open and gross lewdness and lascivious behavior will be considered second and subsequent. Two violations will suffice only if the adjudications or convictions for them are not simultaneous.
Secondary addresses. The addresses of all places where a sex offender lives, abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not a sex offender's primary address; or a place where a sex offender routinely lives, abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not a sex offender's permanent address, including any out-of-state address. For the purposes of these regulations, where an offender lives includes secondary and primary addresses.
Sex Offender Number (SON). The unique identification number assigned to every sex offender by the Sex Offender Registry Board. The offender must include their SON on all written communications with the Sex Offender Registry Board.
Sex Offender Registry. The central computerized database of all sex offenders ever registered with the Board pursuant to M.G.L. c. 6, §§ 178C through 178Q which is not accessible to the public.
Sex Offender Registry Board (Board or SORB). The administrative agency of the Commonwealth consisting of the members, as set forth in M.G.L. c. 6, § 178K, and its staff.
Sexual Misconduct. Allegations of illegal or nonconsensual sexual conduct that the Board has found credible and reliable.
Student. Any person who is enrolled on a full-time or part-time basis, in any school.
Victim of Record. A named victim in an enumerated sex offense for which the sex offender has been convicted, regardless of whether or not the sex offender has been relieved of registration.