BOSTON – In response to a recent report issued by State Auditor Suzanne Bump, Senator Michael O. Moore (D-Millbury) offered an amendment that was adopted as part of the Fiscal Year 2019 Senate budget to reform certain policies and procedures utilized by the Sex Offender Registry Board (SORB).
Among its findings, the Auditor's report highlighted SORB’s inability to adequately maintain the addresses of hundreds of convicted sex offenders, and its failure to classify over 900 sex offenders in the Commonwealth. Senator Moore serves as the Chair of the Joint Committee on Public Safety and Homeland Security which possesses oversight authority over the SORB.
“The Auditor’s findings detail troubling deficiencies with current practices employed by the SORB that merit a legislative solution,” said Senator Moore. “The SORB is a critical piece of our public safety infrastructure, and there must be strict adherence to established policies to effectively protect residents of our Commonwealth.”
The SORB is an office within the Executive Office of Public Safety. The SORB collects the addresses and contact information for convicted sex offenders living in Massachusetts and distributes this information to local law enforcement agencies, and maintains a publically-available online registry of level 3 and level 2 sex offenders classified after July 12, 2013. The board is responsible for implementing the classification of convicted sex offenders who are released back into the community.
The Auditor’s report found that of the nearly 1,800 sex offenders unaccounted for by the SORB, 936 had never been classified upon release from incarceration. Offenders are grouped into three classifications; level 1, level 2, and level 3, which indicate a low, moderate or high risk of reoffending. The SORB, the office of the State Auditor, and the Administration all cited the recent complication of the classification process as one reason for the backlog. A 2015 Supreme Judicial Court ruling, in John Doe 380316 v. Sex Offender Registry Board, established a higher legal standard for the classification process, resulting in increased strain on the system.
The audit also found that SORB was not properly verifying the addresses of these violators, and recommends the board take steps towards the use of secure data sharing agreements between comparable agencies in other states. For additional information on the Auditor's report and all Joint Committee public hearing dates, please click below.
The budget amendment language offered by Senator Moore aims to directly address the issues outlined in the Auditor’s report. First, the amendment would broaden the reporting requirements when an offender is released from custody. Currently, the Board notifies the police department in the municipality where the offender is scheduled to live, which drastically limits how far this information is shared. Under the amendment, the Board would also notify the State Police.
Secondly, the amendment would also require the State Police to seek an arrest warrant for any offender who fails to complete their registration. While some municipalities do file arrest warrants when a local offender fails to register, there is currently no statewide mandate.
Finally, the amendment requires the Board to establish a Memorandum of Understanding with the State Police to locate offenders who have either failed to complete registration requirements or avoided classification due to a lack of notification. Incorporating a designated law enforcement partner will allow the Board to more proactively pursue their mission of monitoring offenders, with a necessary focus on those who fail to comply with the reporting and notification system.
Differences between the Senate version of the State Budget, S.4, will now be resolved with a version of the budget passed by the House of Representatives last month. To continue tracking the state budget, please visit the Legislature’s website by clicking below.