803 C.M.R. 1.12 – Failure of Sex Offender to Appear at the Classification Hearing

(1) Voluntary Waiver. Failure of the sex offender to appear at the scheduled hearing without good cause shown will be deemed a voluntary waiver of their attendance at the hearing. The hearing shall proceed as scheduled, without the offender present. The hearing examiner shall make a final classification decision, pursuant to 803 CMR 1.20.
(2) Good Cause to Reschedule Hearing. If the sex offender fails to appear at the scheduled hearing, the sex offender shall have ten calendar days following the close of the hearing to file a request to reschedule the hearing for good cause. The written request must include an affidavit and supporting documentation explaining the reason(s) for the request to reschedule the hearing. A request to reschedule a hearing filed without a supporting affidavit or documentation will be denied. To determine good cause, the presiding hearing examiner may consider such things as:
1. a. The amount of advance notice the sex offender had of the hearing date;
2. b. The reasons or circumstances that resulted in the sex offender's inability to appear at the hearing; and
3. c. The timing of the sex offender's notification to the Board that they were unable to appear at the scheduled hearing.
(3) If the hearing examiner determines that the offender has provided good cause for failing to appear at the scheduled hearing, the Board shall reschedule the hearing to the earliest possible date. The sex offender shall be notified in writing of the new date, time, and location of the hearing. The Board may provide this notice less than 30 calendar days before the rescheduled hearing date.
(4) If the hearing examiner does not find that the sex offender had good cause for failing to appear at the hearing, the hearing examiner shall make a final classification decision pursuant to 803 CMR 1.20 and include, as part of the final decision, an order with their reasoning for denying the request to reschedule the hearing.