| Massachusetts Megan's
Law and Victim's Rights
Chapter 74 of the Acts of 1999
AN ACT
IMPROVING THE SEX OFFENDER REGISTRY AND ESTABLISHING CIVIL COMMITMENT AND
COMMUNITY PAROLE SUPERVISION FOR LIFE FOR SEX OFFENDERS.
Whereas ,
The deferred operation of this act would tend to defeat its purpose, which is to
protect forthwith the vulnerable members of our communities from sexual
offenders, therefore it is hereby declared to be an emergency law, necessary for
the immediate preservation of the public convenience.
Be it enacted by the
Senate and House of Representatives in General Court assembled, and by the
authority of the same, as follows:
SECTION 1. The general court
hereby finds that: (1) the danger of recidivism posed by sex offenders,
especially sexually violent offenders who commit predatory acts characterized by
repetitive and compulsive behavior, to be grave and that the protection of the
public from these sex offenders is of paramount interest to the government; (2)
law enforcement agencies' efforts to protect their communities, conduct
investigations and quickly apprehend sex offenders are impaired by the existing
lack of information known about sex offenders who live within their
jurisdictions and that the lack of information shared with the public may result
in the failure of the criminal justice system to identify, investigate,
apprehend and prosecute sex offenders; (3) the system of registering sex
offenders is a proper exercise of the commonwealth's police powers regulating
present and ongoing conduct, which will provide law enforcement with additional
information critical to preventing sexual victimization and to resolve incidents
involving sexual abuse promptly; (4) in balancing offenders' rights with the
interests of public security and safety, the release of information about sex
offenders to law enforcement before the opportunity for an individual
determination of the sex offender's risk of reoffense is necessary to protect
the public safety; (5) registration by sex offenders is necessary in order to
permit classification of such offenders on an individualized basis according to
their risk of reoffense and degree of dangerousness; (6) the public interest in
having current information on certain sex offenders in the hands of local law
enforcement officials, including prior to such classification, far outweighs
whatever liberty and privacy interests the registration requirements may
implicate. Therefore, the commonwealth's policy, which will bring the state into
compliance with federal requirements, is to assist local law enforcement
agencies' efforts to protect their communities by requiring sex offenders to
register and to authorize the release of necessary and relevant information
about certain sex offenders to the public as provided in this act.
SECTION
2. Chapter 6 of the General Laws is hereby amended by striking out sections
178C to 178P, inclusive, as appearing in the 1998 Official Edition, and
inserting in place thereof the following 15 sections. etc.
| Contact Person: |
Ann Dawley, Chairperson or Robert Baker, Dir. of Operations (978)
740-6400 |
| Offenders Required to Register: |
Any person who resides or works 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 with
the department of youth services for such a conviction or adjudication or a
person who has been adjudicated a sexually dangerous person under section 14 of
chaperter 123A, as in force at the time of adjudication, or a person released
from civil commitment pursuant to section 9 of said chapter 123 A, whichever
last occurs, on or after August 1, 1981. Offenses which may require full
registration are:
- indecent assault and battery on a child under 14 under section 13B of
chapter 265;
- indecent assault and battery on a mentally retarded person under section 13F
of said chapter 265;
- indecent assault and battery on a person age 14 or over under section 13H of
said chapter 265;
- rape under section 22 of said chapter 265;
- rape of a child under 16 with force under section 22A of said chapter 265;
- rape and abuse of a child under section 23 of said chapter 265;
- assault with intent to commit rape under section 24 of said chapter 265;
- assault of a child with intent to commit rape under section 24B of said
chapter 265;
- kidnapping of a child under section 26 of said chapter 265;
- enticing away a person for prostitution or sexual intercourse under section
2 of chapter 272;
- drugging persons for sexual intercourse under section 3 of said chapter 272;
- inducing a minor into prostitution under section 4A of said chapter 272;
- living off or sharing earnings of a minor prostitute under section 4B of
said chapter 272;
- second and subsequent adjudication or conviction for open and gross lewdness
and lascivious behavior under section 16 of said chapter 272, but excluding a
first or single adjudication as a delinquent juvenile before August 1, 1992;
- incestuous marriage or intercourse under section 17 of said chapter 272;
- disseminating to a minor matter harmful to a minor under section 28 of said
chapter 272;
- posing or exhibiting a child in a state of nudity under section 29A of said
chapter 272;
- dissemination of visual material of a child in a state of nudity or sexual
conduct under section 29B of said chapter 272;
- possession of child pornography under section 29C of said chapter 272;
- unnatural and lascivious acts with a child under 16 under section 35A of
said chapter 272;
- aggravated rape under section 39 of chapter 277; and
- any attempt to commit a violation of any of the aforementioned sections
pursuant to section 6 of chapter 274 or a like violation of the laws of another
state, the United States or a military, territorial or Indian tribal authority.
|
| Information Collected: |
Fingerprints and a photograph, DOB, SSN, current residence and
employment addresses, physical description, date of conviction and a description
of the offense or offenses for which he was convicted or adjudicated
delinquent. |
| Administrating Agency: |
Sex Offender Registry Board |
| Timeframe for Registration: |
All offenders must preliminarily register with the Sex Offender
Registry Board by mail within 2 days following release from incarceration,
acceptance into community supervision, after sentencing that does not include
incarceration, or upon moving into the state from another jurisdiction. If
changing residence or employment within the state offenders must register within
10 days prior to the change. |
| Applies to Out of State Offenders: |
Yes |
| Duration of Requirement: |
Sexually violent offenders, those who have offended against a
child, and those with two or more convictions must register for life. All other
sexual offenders must register for 20 years. These offenders may petition the
Sex Offender Registry Board for relief from registering after 10 years following
their last conviction, release from custody, or discharge from community
supervision. |
| Verification of Address: |
Annual verification is required for all sex offenders during
their birth month. Sexually violent and homeless offenders must verify every 90
days. |
| Penalties for Non-Compliance: |
Any sex offender who knowingly fails to register or reregister,
or who knowingly provides materially false information to the Sex Offender and
Crimes Against Minors Registry shall be guilty of a felony. A sex offender
required to register who knowingly: (i) fails to register; (ii) fails to verify
registration information; (iii) fails to provide notice of a change of address;
or (iv) who knowingly provides false information shall be punished as follows.
(1) A first conviction shall be punished by imprisonment for not less than six
months and not more than two and one-half years in a house of correction nor
more than five years in a state prison or by a fine of not more than $1,000 or
by both such fine and imprisonment. (2) A second and subsequent conviction shall
be punished by imprisonment in the state prison for not less than five years.
|
| Access to Information: |
Active Community Notification is conducted by the police
departments where the offender resides, works, and where the offense(s) to place
on all offenders finally classified a Level 3. The police shall provide
information about Level 3 offenders to all schools, daycares, and places where
the public is likely to encounter the offender. Additionally, the police shall
cause such information to be transmitted through a media outlet such as
television, newsprint, etc. Information about offenders finally classified at
Level 2 may be released by the police departments upon written inquiry from any
individual 18 years of age or older, who certifies they are requesting the
information for their own personal safety or the safety of their family.
Individuals may also contact the Sex Offender Registry Board for information
related to Level 2 or 3 offenders. This request must be made in writing on a
form bearing the signature of the requester attesting to the fact that they are
18 years of age or older and the information is requested for their own personal
safety or the safety of their family. Information about those offenders who have
finally been classified at Level 1 and those offenders pending classification
shall not be released to the public, but may be shared between law enforcement
agencies. |
| Confidentiality Provision: |
Unauthorized dissemination is a crime |
| Number Registered: |
18,000 as of 11/15/02 |
| Percent Compliance: |
not known |
| Internet Access: |
http://www.state.ma.us/sorb/community.htm
(Information
only) | |
