Sex Offender's Request for Reclassification and/or Termination

(1) General Principles. The Board recognizes a sex offender's risk of re-offense, or degree of dangerousness, may decrease over time. Pursuant to M.G.L. c. 6, § 178G, a sex offender whose registration and classification determination has become final pursuant to M.G.L. c. 6, § 178L(2) and 803 CMR 1.08 and 1.20, may file a written motion with the Board for reclassification and/or termination of their obligation to register. Once the sex offender satisfies their burden of production demonstrating some change in their circumstances bearing on their risk of re-offense and/or dangerousness, the Board then has the burden of persuasion to prove, by clear and convincing evidence, the continued appropriateness of the sex offender's duty to register and existing classification level. The sex offender whose only sex offense was the result of an adjudication as a youthful offender or as a delinquent juvenile may file a motion to terminate at any time after they are finally classified. (2) Requirements for sex offender's Request for Reclassification and/or Termination. The sex offender shall include in the motion their full name, date of birth, address, sex offender number (SON), name and address of legal representative (if applicable), and name and address of legal guardian (if applicable) and grounds for seeking reclassification and/or termination including, but not limited to, a signed letter or signed affidavit providing an overview of their behavior and lifestyle during the three years prior to the filing of their motion for reclassification and/or termination. (a) In support of their motion, the sex offender may also attach supporting documentation, including, but not limited to, current and historical evidence pertaining to the applicable risk-mitigating factors, such as: 1. substance-free lifestyle in the community (Factor 9); 2. successful completion of community supervision (Factor 28); 3. offense-free lifestyle in the community (Factor 29); 4. physical condition (Factor 31); 5. participation or completion of sex offender treatment (Factor 32); 6. stability of current environment and support systems (Factors 33 and 34); 7. psychological or psychiatric profiles indicating risk of re-offense (Factor 35); and 8. any other additional information that may be relevant to their motion for reclassification (Factor 37). (b) The Board may summarily deny, without a hearing, a sex offenders' motion for reclassification and/or termination if: 1. the sex offender is incarcerated or civilly committed at the time of the motion; 2. the sex offender has pending criminal charges at the time of the motion; 3. the offender has not remained offense-free for more than three continuous years immediately prior to the filing of their motion for reclassification and/or termination; or 4. the sex offender's last classification decision is currently under Judicial Review pursuant to M.G.L. c. 30A, § 14 or on appeal, or on review by the Board as a result of an order by a court of the Commonwealth or a federal court. The Board shall notify the sex offender, in writing, the substantive reasons for summarily denying the motion for reclassification and/or termination. The denial of a motion for reclassification and/or termination under 803 CMR 1.31(2)(c) is not subject to Judicial Review. 803 CMR 1.31(2)(b) does not apply to sex offenders whose only sex offense was a result of an adjudication as a youthful offender or as a delinquent juvenile. (c) By filing a motion for reclassification and/or termination, the offender authorizes the Board to obtain any information accessible under M.G.L. c. 6, §§ 178E and 178K(3) to assist in its review of the offender's motion. (d) Motions for termination filed before a sex offender's registration and classification determination has become final will be treated as motion for relief from registration pursuant to 803 CMR 1.30. (3) Material Change in Medical Circumstances. If the sex offender experiences a material change in medical circumstances, the sex offender may file a motion for reclassification and/or termination sooner than three years after the date of their last classification. In addition to complying with 803 CMR 1.31(2)(a) through (d), the sex offender shall also include a treating medical provider's signed written statement regarding their stated medical condition. The medical provider's signed written statement, at a minimum, shall identify and include the following information: (a) the type of medical condition; (b) the onset or date of diagnosis of the medical condition; (c) a detailed description of the limitations the medical condition has caused; and (d) a summary of the offender's treatment and prognosis. (4) During the reclassification and/or termination process, the Board shall follow the same procedures as used in the classification process as set forth in M.G.L. c. 6, §§ 178C through 178Q and 803 CMR 1.06 through 1.24. (5) Frequency of Motion for Reclassification and/or Termination. The sex offender may apply for reclassification and/or termination no sooner than three years from the date of their last classification decision. For purposes of calculating eligibility, the last classification decision where the parties had the opportunity to present evidence in a hearing shall control. If a sex offender was offered a hearing but declined the hearing, this still constitutes an opportunity for a hearing and controls eligibility. Updating the record with document submissions without an opportunity for a hearing will not affect the calculation of the last classification decision date. Subsequent motions for reclassification and/or termination shall be based on additional information not available during prior classifications, reclassification, or termination hearings.