Leonardo Angiulo: Spotlight on the Massachusetts Sex Offender Registry Board

Monday, September 29, 2014

Leonardo Angiulo, GoLocalWorcester Legal Contributor

The Massachusetts Sex Offender Registry Board, and the removal of the chairperson, have recently been in local headlines. It is fair to say that almost everyone can read the board's name and have a pretty good idea of what they do. Exactly where their authority comes from, as well as what they are authorized by law to do, requires a bit more study.

Chapter 6 of the Massachusetts General Laws is where some of the not so exciting administrative details of our state government live. These sections define everything from the salary of the governor, to the establishment of commemorative days and weeks like home composting recognition week. Buried within this chapter, however, are also the organizing principles of certain administrative agencies including the Sex Offender Registry Board which is also known also known by the acronym “SORB.”

The statute outlines one of the basic things we know: the board classifies sex offenders based on their risk of re-offense. Their obligations, however, do not end there. Almost everyone seems to understand that sex offenders must register and members of the public can get information about those individuals either online or at the local police station. The reason that information is available is because the SORB keeps up with their statutory obligation to maintain a registry of their findings.

Local, state and federal legislatures all rely on their findings and database to implement certain laws. Take, for example, the fact that there are cities and towns that place residency restrictions on some registered offenders. In addition, federal law also excludes certain offenders from living in public housing.

In exercising its duties the board is guided by statutory principles as well as another layer of authority. The Codes of Massachusetts Regulation are a body of rules that administrative agencies, like the SORB, are obligated to follow. This particular body of regulation, cited as 803 CMR 1.00 et seq, is thorough and provides explanation for some of the common terms we are familiar with in our society. For example, while the factors that the board should consider while making a classification are in statute, exactly what a level 1, 2 or 3 Offender means is found within 803 CMR 1.03. Similarly, the statutory obligation to conduct classification hearings exists, but the the Codes of Massachusetts Regulation are where the actual procedure for such hearings are laid out.

The SORB itself is a division of the Executive Office of Public Safety and falls into the same category of agencies like police departments, meaning it is not part of the judiciary or legislature. As such the Governor's authority as the chief executive of the Commonwealth is reflected in his ability to appoint, and therefore remove, the chairperson of the SORB. Given the important roles of classification and registration of offenders in public safety, as well as the fundamental right to due process, this board must run effectively. If removal and replacement of a member is necessary to accomplish those purposes, the Governor may be the only person who can take the steps to do what needs to be done.

Leonardo Angiulo is an Attorney with the firm of Glickman, Sugarman, Kneeland & Gribouski in Worcester handling legal matters across the Commonwealth. He can be reached by email at l[email protected].