803 C.M.R. 1.30 – Motion for Relief from Registration Obligation Prior to Final Classification

(1) General Principles. Pursuant to M.G.L. c. 6, § 178K(2)(d), a sex offender may submit to the Board a written motion seeking relief from a registration obligation. The Board shall bear the burden of proof in proving the offender qualifies as a sex offender and poses a risk of re-offense and a degree of dangerousness.
(2) Filing. A motion for relief from registration may be in the form of a letter or petition and must be filed with the Board:
1. (a) prior to or upon submitting the registration form pursuant to 803 CMR 1.05;
2. (b) upon submitting documentary evidence pursuant to 803 CMR 1.06 and 1.07; or
3. (c) at least ten calendar days before the date of a scheduled classification hearing, pursuant to 803 CMR 1.10.
(3) Any motion for relief from registration filed after the Board makes a final decision pursuant to 803 CMR 1.20 will be treated as a motion for reclassification and/or termination pursuant to 803 CMR 1.31.
(4) Motions Filed During Recommendation Process.
1. (a) If the Board allows the motion for relief from registration during the recommendation process pursuant to 803 CMR 1.06 through 1.08, the Board shall make specific findings and provide written notification to the sex offender. The Board shall promptly stop dissemin- ation of the sex offender's registration and classification information.
2. (b) If the Board notifies the sex offender that the offender has a duty to register pursuant to 803 CMR 1.08, the motion for relief shall be deemed denied. The sex offender may file a new motion for relief prior to the hearing, pursuant to 803 CMR 1.30(2)(c), to be decided as part of the classification process, pursuant to 803 CMR 1.30(5).
(5) Motions Filed during Classification Process.
1. (a) If the Board denies the sex offender's motion for relief during the recommendation process and the offender has requested a hearing, or if the sex offender has applied for relief pursuant to 803 CMR 1.30(2)(c) the classification hearing shall proceed.
2. (b) At the hearing, the Board shall have the burden of proof in proving the offender qualifies as a sex offender and poses a risk of re-offense and a degree of dangerousness.
3. (c) If the Hearing Examiner allows the motion for relief from registration after the classification hearing, the Hearing Examiner shall make specific findings and provide written notification to the sex offender, pursuant to M.G.L. c. 6, § 178K(2)(d) and 803 CMR 1.20. The Board shall promptly stop dissemination of the sex offender's registration and classification information.