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Sex Offenders
What Is a Sex Offender?
A sex offender is 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 or a person released from civil commitment on or after August 1, 1981. Sex offenders will be classified according to the degree of dangerousness they pose to the public and their likelihood for re-offense.
An offender's classification will be on of the following:
- Level 1 or "low risk" offender
- Level 2 or "moderate risk" offender
- Level 3 or "high risk" offender
In addition, if the Board, in finally giving an offender a Level 3 classification, also concludes that such sex offender should be designated a Sexually Violent Predator, the Board shall transmit a report to the sentencing court explaining the Board's reasons for so recommending, including specific identification of the sexually violent offense committed by such sex offender and the mental abnormality from which he suffers. The sentencing court shall then have the ultimate decision to determine whether such sex offender is a sexually violent predator.
- Level 1 Sex Offenders
- Level 2 Sex Offenders
- Level 3 Sex Offenders
- Sexually Violent Predators
- Resources
Level 1 Sex Offenders
Where the Sex Offender Registry Board determines that the risk of re-offense by an offender is low and the degree of dangerousness posed to the public by that offender is not such that a public safety interest is served by public availability, the Board shall give that offender a Level 1 designation.
Information on Level 1 offenders will not be available to the public. Neither the police nor the Board have authority to disseminate information to the general public identifying a Level 1 offender. Information identifying Level 1 offenders may only be given to:
- The department of correction
- Any county correctional facility
- The department of youth services
- The department of social services
- The Parole Board
- The department of probation
- The department of mental health
- All city and town police departments
- The Federal Bureau of Investigation for law enforcement purposes
Level 2 Sex Offenders
Where the Board determines that the risk of re-offense is moderate and the degree of dangerousness posed to the public is such that a public safety interest is served by public availability of registration information, it shall give a level 2 designation to the sex offender.
The public shall have access to the information regarding a level 2 offender through the Local Police Departments and through the Sex Offender Registry Board.
Level 3 Sex Offenders
Where the Board determines that the risk of re-offense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination, it shall give a level 3 designation to the sex offender.
The public shall have access to the information regarding a level 3 offender through the Local Police Departments and through the Sex Offender Registry Board.
Sexually Violent Predators
If the Board, in finally giving an offender a level 3 classification, also concludes that such sex offender should be designated a sexually violent predator, the Board shall transmit a report to the sentencing court explaining the Board's reasons for so recommending, including specific identification of the sexually violent offense committed by such sex offender and the mental abnormality from which he suffers. The sentencing court at that point may determine by a preponderance of the evidence, whether such sex offender is a Sexually Violent Predator.
The public shall have access to the information regarding a Sexually Violent Predator through local police departments and through the Sex Offender Registry Board.