Section 1.30 - Motion to Terminate Registration Obligation(1)General Principles. Pursuant to M.G.L. c. 6, § 178G, a sex offender whose registration and classification determination has become final pursuant to M.G.L. c. 6, § 178L(2) and 803 CMR 1.08 and 1.20, may file a written motion with the Board to terminate his or her obligation to register. The burden of proof will be on the sex offender to show by clear and convincing evidence that he or she has not committed a sex offense within ten years following conviction, adjudication or release from all custody or supervision, whichever last occurs, and that he or she does not pose a risk to reoffend or a danger to the public.(2)Filing and Form of the Motion. (a) In his or her motion, the sex offender shall include his full name, date of birth, address, sex offender number (SON), name and address of legal representative (if applicable), and name and address of legal guardian (if applicable).(b) In his or her motion, the sex offender shall include proof, by clear and convincing evidence, that he or she has not committed a sex offense within ten years following the date of conviction, adjudication or release from all custody or supervision, whichever last occurs. In addition, the sex offender shall provide clear and convincing evidence that he or she is not likely to pose a risk to reoffend or a danger to the safety of others.(c) Any motion for termination filed before a sex offender's registration and classification determination has become final will be treated as motion for relief from registration pursuant to 803 CMR 1.29.(d) The Board may summarily deny, without a hearing, an offenders motion for termination if: 1. the offender is incarcerated;2. the offender has pending criminal charges;3. the offender's last classification decision is currently under Judicial Review pursuant to M.G.L. c. 30A, § 14 or on appeal, or on review by the Board as a result of an order by a court of the Commonwealth or a federal court. The Board will notify the offender, in writing, the substantive reasons for summarily denying the motion for termination. The denial of a motion for termination under 803 CMR 1.30(2) is not subject to Judicial Review. 803 CMR 1.30(2)(d) does not apply to offenders whose only sex offense was a result of an adjudication as a youthful offender or as a delinquent juvenile.
(3) Pursuant to M.G.L. c. 6, § 178G, a sex offender is not eligible for termination if the offender: (a) has been determined to be a sexually violent predator pursuant to M.G.L. c. 6, § 178K(2)(c);(b) has been convicted of two or more sex offenses involving a child, as defined by M.G.L. c. 6, § 178C, committed on different occasions;(c) has been convicted of a sexually violent offense, as defined by M.G.L. c. 6, § 178C; or(d) has been convicted of a sex offense involving a child and has not already registered for at least ten years.(4) A sex offender whose only sex offense was the result of an adjudication as a youthful offender or as a delinquent juvenile may file a motion to terminate at any time after he or she is finally classified notwithstanding the provisions in 803 CMR 1.30(1).(5) By filing a motion for termination, the offender authorizes the Board to obtain any information accessible under M.G.L. c. 6, §§ 178E and 178K(3) to assist in its review of the offender's motion.(6)Termination Hearing Process. The Chair may appoint a panel of Hearing Examiners or a single Hearing Examiner to conduct the hearing on the sex offender's motion for termination. (a) The Board will notify the sex offender in writing of the date, time and location of the termination hearing. An offender may waive his or her right to appear at the hearing before the Board. If an offender does not appear at his or her hearing, the Board shall treat the offender's failure to appear as a waiver of his or her appearance and shall proceed to rule on the offender's motion, unless the offender presents good cause within three calendar days of the hearing.(b) No later than five calendar days before the scheduled hearing date, the sex offender may submit a written request to reschedule the hearing for good cause.(c) No later than 20 calendar days before the scheduled hearing date, the Board and offender shall exchange all additional information intended to be submitted to the panel or Hearing Examiner. (d) The sex offender may be represented at the hearing by privately retained counsel or an authorized representative.(e) Motions for termination shall be decided on new and updated information not available at the time of the original classification. This does not foreclose the panel or Hearing Examiner from considering the information relied on by the Board to determine the sex offender's classification levels, including any prior written decisions issued by the Board.(7)Decision on Motion for Termination. The panel or Hearing Examiner shall determine whether the sex offender has met his or her burden by clear and convincing evidence that he or she is not likely to pose a risk to reoffend or a danger to the safety of others. Pursuant to M.G.L. c. 30A, § 11(7) and (8), the panel or Hearing Examiner shall make specific written findings detailing the reasons for its decision after the hearing. For purposes of judicial review, pursuant to M.G.L. c. 30A, § 14 and M.G.L. c. 6, § 178M, these written findings shall be considered the final agency action. (8)Notification of Decision.(a) Notification of the decision on a motion for termination made pursuant to 803 CMR 1.30(7) will be mailed to the sex offender and his or her authorized representative, if applicable, as soon as practicable. The sex offender or his or her authorized representative may request in writing, at the time of his administrative hearing, that the final decision made pursuant to 803 CMR 1.20 be sent to him or her via facsimile.(b) The decision will inform the sex offender of his or her right to seek judicial review of the final decision, pursuant to M.G.L c. 30A § 14 and M.G.L. c. 6, § 178M. Pursuant to M.G.L. c. 30A, § 14, the sex offender has right to pursue judicial review within 30 calendar days from the date of receipt of the final Sex Offender Registry Board decision. The filing of a complaint for judicial review will not alter the final agency decision or stay the sex offender's registration requirements or the dissemination of registration information. (9) A sex offender may re-apply for termination, following the same procedures, three years after the date the Board denied the motion or after the final disposition in court, whichever is later.Amended by Mass Register Issue 1305, eff. 1/29/2016.Amended by Mass Register Issue 1308, eff. 1/29/2016.