A sex offender is
any person who resides or works in the Commonwealth and who has been
convicted of a sex offense, or who has been adjudicated as a youthful
offender or as a delinquent juvenile by reason of a sex offense, or a person
released from incarceration or parole or probation supervision or custody
with the department of youth services for such a conviction or adjudication,
or a person who has been adjudicated a sexually dangerous person or a person
released from civil commitment on or after August 1, 1981.
Sex offenders will
be classified according to the degree of dangerousness they pose to the
public and their likelihood for reoffense. An offender's classification will
be:
-
Level 1 or "low risk" Offender:
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. Information identifying
Level 1 offenders may only be given to the Department of Correction, any
county correctional facility, the Department of Youth Services, the
Department of Social Services, the Parole Board, the Department of
Probation and the Department of Mental Health, all city and town police
departments and the Federal Bureau of Investigation for law enforcement
purposes.
-
Level 2 or "moderate risk" Offender:
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 shall have access to the information regarding a Level 2
offender through the local police departments and through the
Sex Offender Registry Board.
-
Level 3 or "high risk" offender:
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. The public shall have access
to the information regarding a Level 3 offender through the local police
departments and through the
Sex
Offender Registry Board.
In addition, if
the Board, in finally giving an offender a Level 3 classification, also
concludes that such sex offender should be designated a Sexually Violent
Predator the Board shall transmit a report to the sentencing court
explaining the Board's reasons for so recommending, including specific
identification of the sexually violent offense committed by such sex
offender and the mental abnormality from which he suffers. The sentencing
court shall then have the ultimate decision to determine whether such sex
offender is a sexually violent predator.