- (1) A sex offender, as defined in M.G.L. c. 6, § 178C, shall register with the Sex Offender Registry Board, by mail, on a registration form provided by the Board. Additionally, the Board shall accept the registration form it receives from any nonresident person who has employment or is enrolled in school in the Commonwealth.
(2) Registration Form. The registration form shall require the sex offender to provide the following information:
- (a) name of the sex offender;
- (b) date of birth;
- (c) Social Security number (optional);
- (d) home address or intended home address;
- (e) secondary address or intended secondary address;
- (f) location for homeless offenders;
- (g) work address or intended work address;
- (h) name and address of any school at which the offender works, intends to work, is en- rolled as a student, and/or intends to enroll as a student; and
- (i) signature of the sex offender, signed under the pains and penalties of perjury.
- (3) Unless a sex offender has submitted updated information, notice to a sex offender at the address on the registration form is valid to notify the sex offender of the offender's right to submit documentary evidence during the recommendation process, as set forth in 803 CMR 1.06 through 1.08, as well as to offer the sex offender the opportunity to request a hearing in accordance with the procedures established in 803 CMR 1.00. It is the sex offender's obligation to provide the Board with accurate information during the recommendation process.
(4) Sex Offenders in the Community.
- (a) For sex offenders who are unclassified or finally classified as Level 1 and who have been released from all custody and supervision, the registration form must be completed, signed under the penalties of perjury, and mailed to the Board within ten calendar days of release. In each subsequent year that a sex offender is unclassified or finally classified as Level 1, the Board shall mail the registration form and notification of the requirements of M.G.L. c. 6, §§ 178C through 178Q to the last known address of these sex offenders residing in the Commonwealth. The registration form must be completed by the offender and mailed to the Board within ten calendar days of receipt.
- (b) For sex offenders who are unclassified or finally classified as Level 1 and who have been convicted or adjudicated for a sex offense but have not been sentenced to confinement for 90 days or more to be served immediately, the registration form must be completed by the sex offender and mailed to the Board within two calendar days of receiving notification by the court of the duty to register or within two calendar days of release from confinement, whichever is later.
- (c) For sex offenders who have been finally classified as Level 2 or Level 3, the registration form must be completed in-person at the local police department in the city or town in which the sex offender lives, or if the sex offender does not live in the Commonwealth, the municipality where the sex offender works or attends an institution of higher learning at least annually. The sex offender must register in-person at the local police department every time there is a change in home or work address. In each subsequent year that a sex offender is finally classified as Level 2 or Level 3, the Board shall mail the registration form and notification of the requirements of M.G.L. c. 6, §§ 178C through 178Q to the last known address of these sex offenders. The registration form must be completed by the sex offender in person at the police department in the municipality in which the sex offender lives, or if the sex offender does not live in the Commonwealth, the municipality where the sex offender works or attends an institution of higher learning within ten calendar days of receipt of such notice.
- (d) All sex offenders are required to register their change of addresses not later than ten calendar days prior to the change of address.
- (5) Sex Offenders Subject to Community Supervision. For sex offenders who are currently on probation or parole, the registration form must be completed by the offender and mailed to the Board within two calendar days of receiving notification of the duty to register.
- (6) Incarcerated or Civilly Committed Sex Offenders. For sex offenders who are currently incarcerated or civilly committed, the registration form must be completed by the sex offender and mailed to the Board not later than two calendar days before release from custody. No sex offender shall be released from custody unless such registration form has been filled out, signed, and mailed to the Board. A finally classified Level 2 or Level 3 sex offender shall appear in person at the local police department in the city or town in which the sex offender lives, or if the sex offender does not live in the Commonwealth, the municipality where the sex offender works or attends an institution of higher learning within two days of release from custody if the pertinent address is different as that provided to the Board by the offender before their release.
- (7) For sex offenders who have been finally classified, registration shall be in accordance with M.G.L. c. 6, §§ 178F through 178F½ and 803 CMR 1.05. Registration information shall be available to the public for those sex offenders finally classified as a Level 2 or a Level 3 Offender.
- (8) Sex offenders are responsible for complying with all registration duties and obligations as set forth in M.G.L. c. 6, §§ 178C through 178Q. These registration duties and obligations shall be enforced to the extent permissible pursuant to the law.
(9) Upon receiving a sex offender's registration information or change in registration information, the Board shall transmit the registration information to:
- (a) police departments in municipalities where the sex offender lives and works, or where the sex offender intends to live and work upon release, and where the offense was committed;
- (b) police departments in municipalities, including campus police departments or other state recognized law enforcement agencies at a school, where the sex offender works and/or attends a school or where the sex offender intends to work and/or attend a school upon release; and
- (c) the Federal Bureau of Investigation. Registration information received by the Board and disseminated to law enforcement
pursuant to 803 CMR 1.05(9) shall not be disseminated to the public except in accordance with M.G.L. c. 6, §§ 178I, 178J and 178K.