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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

971 chars
While we appreciate that the plaintiff has been offense free in the community for a number of years, actively participated in sex offender treatment, is of advancing age, and that he enjoys community support, it was for the examiner, not for us, to consider, weigh, and balance such matters. Doe, Sex Offender Registry Bd. No. 10800 v. Sex Offender Registry Bd., 459 Mass. 603, 637 (2011). Accordingly, whether we necessarily would have come to the same conclusions as the hearing examiner is of no moment. The examiner fully considered the mitigating factors, as well as numerous aggravating considerations mandated by the applicable regulations. See notes 1 and 2, supra. We agree with the judge that substantial evidence supports the hearing examiner's discretionary choices, including her ultimate conclusion that, on balance, the plaintiff presents a moderate continuing risk of reoffense and dangerousness. See Doe No. 1211, 447 Mass. at 762-764. Judgment affirmed.