Level
1 Sex Offenders
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 Sex Offenders
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 Framingham Police Department and through the Sex
Offender Registry Board.
Level 3 Sex Offenders
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 Framingham Police Department and through the Sex
Offender Registry Board.
Sexually Violent Predators
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 at that point may determine by a preponderance
of the evidence, whether such sex offender is a Sexually Violent Predator.
The
public shall have access to the information regarding a Sexually Violent
Predator through the Framingham Police Department and through the Sex
Offender Registry Board.
WARNING
SEX
OFFENDER REGISTRY INFORMATION SHALL NOT BE USED TO COMMIT A CRIME OR
TO ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT OF AN OFFENDER. ANY
PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO M.G.L. C. 6, §§
178C – 178P FOR SUCH PURPOSES SHALL BE PUNISHED BY NOT MORE THAN
TWO AND ONE HALF (2 ½) YEARS IN A HOUSE OF CORRECTION OR BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS ($1000.00) OR BOTH (M.G.L.
C. 6, § 178N). IN ADDITION, ANY PERSON WHO USES REGISTRY
INFORMATION TO THREATEN TO COMMIT A CRIME MAY BE PUNISHED BY A FINE
OF NOT MORE THAN ONE HUNDRED DOLLARS ($100.00) OR BY IMPRISONMENT FOR
NOT MORE THAN SIX (6) MONTHS ( M.G.L. C. 275, § 4) .
