803 Mass. Reg. 1.29 : — DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICESSex Offender Registry Board, Registration, Classification and Dissemination — Motion for Relief from Registration Obligation Prior to Final Classification

(1) General Principles. Pursuant to M.G.L. c. 6, § 178K(2)(d), a sex offender may submit to the Board a written motion seeking relief from a registration obligation. The burden of proof will be on the sex offender to show that he or she does not qualify as a sex offender as defined by M.G.L. c. 6, § 178C or does not pose a risk to reoffend or a danger to the public.
(2) Filing. A motion for relief from registration may be in the form of a letter or petition and must be filed with the Board:
(a) prior to or upon submitting the registration form pursuant to 803 CMR 1.05;
(b) upon submitting documentary evidence pursuant to 803 CMR 1.06 and 1.07; or
(c) at least ten business days before the date of a scheduled classification hearing, pursuant to 803 CMR 1.10.
(3) Any motion for relief from registration filed after the Board makes a final decision pursuant to 803 CMR 1.20 will be treated as a motion for termination pursuant to 803 CMR 1.30 or as a motion for reclassification pursuant to 803 CMR 1.31.
(4) Pursuant to M.G.L. c. 6, § 178K(2)(d), a sex offender is not eligible for relief from his or her duty to register if the offender:
(a) has been determined to be a sexually violent predator pursuant to M.G.L. c. 6, § 178K(2)(c);
(b) has been convicted of two or more sex offenses involving a child, as defined by M.G.L. c. 6, § 178C, committed on different occasions;
(c) has been convicted of a sexually violent offense, as defined by M.G.L. c. 6, § 178C; or
(d) has been convicted of a sex offense involving a child, and has not already registered for at least ten years.
(5) Motions Filed During Recommendation Process.
(a) If the Board allows the motion for relief from registration during the recommendation process pursuant to 803 CMR 1.06 through 1.08, the Board shall make specific findings and provide written notification to the sex offender. The Board shall promptly remove information pertaining to the offender from the sex offender registry.
(b) If the Board notifies the sex offender that he or she has a duty to register pursuant to 803 CMR 1.08, the motion for relief shall be deemed denied. The sex offender may file a new motion for relief prior to the hearing, pursuant to 803 CMR 1.29(2)(c), to be decided as part of the classification process, pursuant to 803 CMR 1.29(6).
(6) Motions Filed During Classification Process.
(a) If the Board denies the sex offender's motion for relief during the recommendation process and the offender has requested a hearing, or if the sex offender has applied for relief pursuant to 803 CMR 1.29(2)(c) the classification hearing shall proceed.
(b) At the hearing, the sex offender shall have the burden to prove by clear and convincing evidence that he or she is eligible for relief and that the circumstances of the sex offender's offense in conjunction with the offender's criminal history do not indicate a risk of reoffense or a danger to the public.
(c) If the Hearing Examiner allows the motion for relief from registration after the classification hearing, the Hearing Examiner shall make specific findings and provide written notification to the sex offender, pursuant to M.G.L. c. 6, § 178K(2)(d) and 803 CMR 1.20. The Board shall promptly remove information pertaining to the offender from the sex offender registry.

803 CMR 1.29

Amended by Mass Register Issue 1305, eff. 1/29/2016.