Opinion
No. 11–P–868.
2012-07-20
John DOE, Sex Offender Registry Board No. 20073 v. SEX OFFENDER REGISTRY BOARD.
By the Court (BERRY, MILKEY & SULLIVAN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The plaintiff appeals from his reclassification from a level two to a level three sex offender, arguing that the Sex Offender Registry Board (SORB) lacks the authority to reclassify him in the absence of a conviction for a new sex offense. For the reasons stated in Doe, Sex Offender Registry Bd. No. 16748 v. Sex Offender Registry Bd., 82 Mass.App.Ct. 152 (2012), we find that (1) the plaintiff has not waived his right to appellate review, and (2) SORB was without authority to reclassify the plaintiff.
Judgment reversed.
Case remanded to the board for further proceedings.