803 Mass. Reg. 1.05 : — DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICESSex Offender Registry Board, Registration, Classification and Dissemination — Registration

(1) A sex offender, as defined in M.G.L. c. 6, § 178C, shall register with the Sex Offender Registry Board, by mail, on a registration form provided by the Board. Additionally, the Board shall accept the registration form it receives from any nonresident person who has employment or is enrolled in school in the Commonwealth if such person is required to register as a sex offender in the state in which he or she resides.

(2) Registration Form. The registration form shall require the sex offender to provide the following information:

(a) name of the sex offender;

(b) date of birth;

(c) Social Security number (optional);

(d) home address or intended home address;

(e) secondary address or intended secondary address;

(f) location for homeless offenders;

(g) work address or intended work address;

(h) name and address of any school at which the offender works, intends to work, is enrolled as a student, and/or intends to enroll as a student; and

(i) signature of the sex offender, signed under the pains and penalties of perjury.

(3) The information obtained from the registration form shall be used by the Board to notify the sex offender of his or her right to submit documentary evidence during the recommendation process, as set forth in 803 CMR 1.06 through 1.08, as well as to offer him or her the opportunity to request a hearing in accordance with the procedures established in 803 CMR 1.00. It is the sex offender's obligation to provide the Board with accurate information during the recommendation process.

(4) Sex Offenders in the Community.

(a) For sex offenders who have been released from all custody and supervision, the Board shall mail the registration form and notification of the requirements of M.G.L. c. 6, §§ 178C through 178Q to the last known address of all sex offenders residing in the Commonwealth. The registration form must be completed by the offender and mailed to the Board within ten calendar days of receipt.

(b) For sex offenders who have been convicted or adjudicated for a sex offense but have not been sentenced to confinement for 90 days or more to be served immediately, the registration form must be completed by the sex offender and mailed to the Board within two calendar days of receiving notification by the court of the duty to register or within two calendar days of release from confinement, whichever is later.

(5) Sex Offenders Subject to Community Supervision. For sex offenders who are currently on probation or parole, the registration form must be completed by the offender and mailed to the Board within two calendar days of receiving notification of the duty to register.

(6) Incarcerated Sex Offenders. For sex offenders who are currently incarcerated, the registration form must be completed by the sex offender and mailed to the Board not later than two calendar days before release from custody. No sex offender shall be released from custody unless such registration form has been filled out, signed and mailed to the Board.

If the Board finally classified an incarcerated sex offender as either a Level 2 or Level 3 Offender before or during the sex offender's incarceration:

(a) not later than two days before his or her release, the offender shall complete and mail the registration form to the Board; and

(b) the Board shall notify the local police department in the city or town in which the offender intends to live, or if he or she does not intend to reside in the Commonwealth, in the city or town in which he or she intends to work or in which he or she intends to attend a school in the Commonwealth.

(7) For sex offenders who have been afforded the opportunity for a hearing and who have been finally classified, registration shall be in accordance with M.G.L. c. 6, §§ 178F through 178F½. Registration information shall be available to the public on those offenders finally classified as a Level 2 or a Level 3 Offender.

(8) Sex offenders are responsible for complying with all of the registration duties and obligations as set forth in M.G.L. c. 6, §§ 178C through 178Q. These registration duties and obligations shall be enforced to the extent permissible pursuant to the law.

(9) Upon receiving a sex offender's registration information or change in registration information, the Board shall transmit the registration information to:

(a) police departments in municipalities where the sex offender lives and works, or where the sex offender intends to live and work upon release and where the offense was committed;

(b) police departments in municipalities, including campus police departments or other state recognized law enforcement agencies at a school, where the sex offender works and/or attends a school or where the sex offender intends to work and/or attend a school upon release; and

(c) the Federal Bureau of Investigation.

Registration information received by the Board and disseminated to law enforcement pursuant to 803 CMR 1.05(9) shall not be disseminated to the public except in accordance with M.G.L. c. 6, §§ 178I, 178J and 178K.

803 CMR 1.05

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