The Sex Offender Classification Process
Attorney Crouch handles many civil matters at the Sex Offender Registry Board (SORB) on behalf of petitioners. The difference between the levels of registration can mean the difference between getting a job, keeping a job, or being turned down most everywhere you apply. Attorney Crouch’s experience with the defense of individuals charged criminally with sex related offenses can help protect your rights.
Under Massachusetts law, individuals convicted of certain sex offenses are required to provide their home and work address to the Sex Offender Registry. Failure to do this is a criminal offense and can result in a conviction which carries a possible sentence to county jail or state prison, along with the possibility of other severe and debilitating restrictions, including the use of GPS monitoring.
This information cannot be disseminated to the public until that sex offender has a classification hearing to determine at what level they will be. One has a right to be represented by an attorney at the classification hearing. Your classification is very important and you a have right to contest the states opinion of your level.
There are three classification levels. Level 1; Level 2; and Level 3.
Sex Offenders: Level 1
Where the Sex Offender Registry Board determines that the risk of reoffense by an offender is low and the degree of dangerousness posed to the public by that offender is not such that a public safety interest is served by public availability, the Board shall give that offender a Level 1 designation.
Information on Level 1 offenders will not be available to the public. Neither the police nor the Board have authority to disseminate information to the general public identifying a Level 1 offender.
Sex Offenders: Level 2
Where the Board determines that the risk of reoffense is moderate and the degree of dangerousness posed to the public is such that a public safety interest is served by public availability of registration information, it shall give a Level 2 designation to the sex offender.
The public can gain access to a Level 2 offender’s registration information through their local police department and by contacting the Sex Offender Registry Board. After a recent update to Massachusetts law, information about Level 2 sex offenders classified after July 12, 2013, is also posted on the Board’s website for the public’s review.
Sex Offenders: Level 3
Where the Board determines that the risk of reoffense is high and the degree of dangerousness posed to the public is such that a substantial public safety interest is served by active dissemination, it shall give a Level 3 designation to the sex offender. This damaging information can be disseminated to the public through a number of means, including police leaflets, the media, and the Internet. As with Level 2 offenders, a member of the public can request this information through the local police departments or through the Sex Offender Registry Board.
If you need representation before the Sex Offender Registry Board or need advice on any sex offender matter, including classification hearings and motions for reclassification, contact Attorney Attorney Crouch. Your request will be maintained in complete confidence and privacy.
If you are facing a classification proceeding or are already a registered offender who wants assistance in reviewing or challenging his or her classification, or to request further information, please contact Attorney Crouch at (617) 441-5111 or email him at acrouch[at]andrewcrouch.com to set up a free, initial consultation. To request further information please contact us.