Duty to Register and Recommended Classification Level

(1) Duty to Register. Pursuant to M.G.L. c. 6, §§ 178C, 178K(2) and 178L(1), the Board shall determine whether a sex offender has a duty to register and, if so, shall then prepare a recommended classification of the sex offender as a Level 1, Level 2, or Level 3 offender. (2) No Duty to Register. If the Board determines that the sex offender does not have a duty to register, it shall notify the offender in writing. The Board shall promptly stop dissemination of the sex offender's registration and classification information. (3) Recommended Classification. If the Board determines that the offender does have a duty to register, the Board shall prepare a recommended classification level based on the factors enumerated in M.G.L. c. 6, § 178K(1)(a) through (l) and further explained at 803 CMR 1.33. Pursuant to M.G.L. c. 6, § 178L(1), in preparing the recommended classification level, the Board shall consider any relevant materials, including documentary evidence submitted by the sex offender. A staff member of the Board shall complete the classification worksheet based on this information. (4) Written Approval by Board Member. Pursuant to M.G.L. c. 6, § 178L(1), the classification worksheet shall be reviewed by one Board member, who shall enter written findings and determine the recommended classification level. The Board member who made the recommendation shall not be subject to a subpoena nor shall the Board member's mental process in reaching the recommended classification level be otherwise probed, as the recommendation may be appealed at a de novo hearing. (5) Juvenile Recommendations. (a) If the sex offender was a juvenile at the time of the sex offense, the written findings and recommended classification level made pursuant to 803 CMR 1.06(4) shall be completed by the Board member who is a licensed psychologist or psychiatrist with special expertise in the assessment and evaluation of juvenile sex offenders. (b) To prepare a recommended classification for a juvenile or an adult whose only sex offense(s) was committed as a juvenile, the Board may meet with the juvenile sex offender. If the Board chooses to meet with the juvenile sex offender, the juvenile sex offender is permitted to be represented by their authorized representative. The Board shall not draw any adverse inferences from an offender's refusal or failure to meet with the Board. (6) A Board member shall not preside at the classification hearing in a case where the Board member made written findings and determined the recommended classification level pursuant to 803 CMR 1.06(4), except in the case of a juvenile sex offender or an adult sex offender whose only sex offense(s) was committed as a juvenile. In these circumstances, the Board member who is a licensed psychologist or psychiatrist with expertise in juvenile sex offenders may complete the recommended classification pursuant to 803 CMR 1.06(5) and also preside at the classification hearing with the consent of the juvenile. (7) The Board member who made the written findings and determined the recommended classification level pursuant to 803 CMR 1.06(4) shall not be prohibited from participating in any sexually violent predator recommendation made pursuant to M.G.L. c. 6, § 178K(2)(c), or any motion to terminate registration obligation pursuant to 803 CMR 1.30, or any request to reclassify and/or terminate pursuant to 803 CMR 1.31.