803 C.M.R. 1.26 – Registration Requirements and Dissemination of Information

(1) A sex offender who has not been finally classified or is finally classified as a Level 1 sex offender shall register annually in accordance with the requirements in M.G.L. c. 6, §§ 178E, 178F and 178Q. The general public shall not have access to this sex offender information pursuant to M.G.L. c. 6, §§ 178D, 178I, 178J and 178K(2)(a).
(2) A sex offender who is finally classified as a Level 2 or Level 3 sex offender shall register in accordance with the requirements in M.G.L. c. 6, §§ 178E, 178F½ and 178Q. The public shall have access to this sex offender information, pursuant to M.G.L. c. 6, §§ 178D, 178I, 178J and 178K(2)(b) and (c).
(3) A Level 3 sex offender designated as a sexually violent predator, pursuant to M.G.L. c. 6, § 178K(1)(c) shall register in accordance with the requirements in M.G.L. c. 6, §§ 178E, 178F½ and 178Q. The public shall have access to this sex offender information pursuant to M.G.L. c. 6, §§ 178D, 178I, 178J and 178K(2)(b) and ©.
(4) Dissemination of Information to Victims. Upon the request of a victim of record who has enrolled with the Board's Victim Services Unit, the Board may inform that victim of the sex offender's final registration and classification determination.
(5) Updating Information. Pursuant to M.G.L. c. 6, § 178D, the Board is required to keep the registry up-to-date and accurate. Pursuant to M.G.L. c. 6, §§ 178E, 178F and 178F½, the sex offender is required to verify that their registration data is current and accurate. Upon verifying registration data or giving notice of a change of address or intended change of address, the sex offender shall provide independent written verification of the address at which they are registered or, if changing address, will be registered. For purposes of 803 CMR 1.26(5), independent written verification shall include: Any two types of the following five types of unaltered original documents bearing the name of the sex offender and their present or intended address:
1. (a) Lease agreement or mortgage statement;
2. (b) rent receipt or mortgage receipt;
3. (c) utility bill;
4. (d) bank or credit card statement;
5. (e) passport, driver's license or official photo identification issued by the Registry of Motor Vehicles; and
6. (f) any other current written document the Sex Offender Registry Board deems sufficient. With the exception of a passport, driver's license or official photo identification issued by the Registry of Motor Vehicles, all other documentation must be dated within 45 days of presentation to the Sex Offender Registry Board or the police department.
(6) Sex Offender Registration Fee.
1. (a) Pursuant to M.G.L. c. 6, § 178Q, the sex offender shall pay an annual sex offender registration fee to the Board.
2. (b) Waiver. The sex offender may request that the Board waive payment of the sex offender registry fee. The request must be made on a form approved by the Board and submitted to the Board at the time the sex offender submits their registration form to the Board. The Board may waive the fee if it determines that payment would constitute an undue hardship on the offender or the offender's family due to limited income, employment status, or any other relevant factor. The Board shall use the indigency standards developed pursuant to M.G.L. c. 211D to determine whether the payment of the fee constitutes an undue hardship on the offender. If the Board determines that payment of the fee is not an undue hardship, the Board shall notify the offender informing the offender that they must pay the fee within ten days of receiving the notice. If the Board determines that payment of the fee is an undue hardship, it shall waive the fee for the offender for one year. The offender may renew their request for a waiver when payment of their next annual fee is due.