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MA: Doe v. Sex Offender Registry Board

The Supreme Judicial Court vacated and set aside a superior court judgment affirming a Sex Offender Registry Board (SORB) decision to classify John Doe as a level two sex offender, holding that there was not substantial evidence to support the hearing examiner’s decision to classify Doe as a level two sex offender by clear and convincing evidence.

SORB classified Doe as a level two sex offender after Doe was convicted of two counts of open and gross lewdness. The superior court affirmed. The Supreme Judicial Court vacated the judgment, holding (1) SORB had jurisdiction to classify Doe as a sex offender; (2) in order classify an individual as a level two sex offender, the hearing examiner is required to make three explicit determinations by clear and convincing evidence; and (3) in light of this three-prong test, the hearing examiner did not support her decision to classify Doe as a level two sex offender by clear and convincing evidence. Opinion

Join the discussion

  1. LostandNoLongerDevastated

    Before my appeal went through, Kate Frame was the one who represented me in front of SORB. She was telling me about this case. I cannot say enough good things about her. She is a wonderful human being and an amazing attorney. She and Eric Tennen are the Janice’s of the East Coast!

    • ma.concerned.citizen

      I’ve spoken to Kate many times. She is indeed amazing. Unfortunately I can’t currently afford to hire her to help with my reduction / removal from the list. Hopefully in the near future…

      • Tim in WI

        Here is what is so readily ignorant about ” the attempt” to re classify folks.

        In Alaska \ DPS decisions a determination was made that “NO” hearing on Dangerousness was needed precisely because IT was Not the touchstone – hence no new judicial branch determination ( AKA REdeprivation procedure) was denied to felon. Therefore the attempt to reclassify triggers ( highlights) a process normally associated with criminal justice. A traditional circular argument affirming the true underlying intent in the first case.

    • ma.concerned.citizen

      Hey LostandNoLongerDevastated. I tried to contact you via email, but I’m not sure you still use the one I have from last year. Would love to catch up with you again. Let me know!

  2. Eric

    “in order classify an individual as a level two sex offender, the hearing examiner is required to make three explicit determinations by clear and convincing evidence.” So I’m wondering exactly what the criteria is for the new California tiered registry and the justification for putting CP offenders on level three.

    • matthew

      Well this is a different state. While we can reference it, it doesn’t really do much at this point.

    • Scotus Save Us Now

      Each state has it’s own rules for what level people are on. Some are based on individualized assessments, some are based on crime you were convicted of.

    • SR

      Currently, none. The upcoming tiered registry is 99.99% offense CODE based (we can all agree that the same code can have a huge amount of difference, especially for CP where 1 pictures or several several sever’s worth is the same in regards to that code number). The remaining .01% is your Static-99 score which can automatically land you on T3 regardless of your offense. If they actually had to evaluate us as individuals, vast majority would be T1 or not have to register at all, if that was an option.

  3. CA cool RC

    How often can California evaluate you? Once ? If you did a tier 3 crime and you are on there forever with out an evaluate on if you will reoffend 20 years later?

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