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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)

Citation
John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
Parent Document
John Doe v. Sex Offender Registry Bd., 123 N.E.3d 800 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-02-06

Full Text

998 chars
In 1983, the plaintiff pleaded guilty to three counts of rape and abuse of a child, and five counts of indecent assault and battery on a child under fourteen. The victims were his girl friend's six year old daughter, and his own five year old niece. He was civilly committed as a sexually dangerous person in 1985, and released from that confinement in 2009. The Sex Offender Registry Board (SORB) initially classified him as a level three sex offender, but he secured a right to a new administrative hearing after the Supreme Judicial Court issued Doe, Sex Offender Registry Bd. No. 380316 v. Sex Offender Registry Bd., 473 Mass. 297, 298 (2015) (establishing that SORB's classification decisions must be based on clear and convincing evidence). SORB again recommended that the plaintiff be classified as a level three sex offender, but the hearing examiner rejected that recommendation and assigned him level two status. On the plaintiff's appeal, a Superior Court judge affirmed. We also affirm.