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DOE, SEX OFFENDER REGISTRY BOARD NO. 3844 v. SEX OFFENDER REGISTRY BOARD

SJC-09680.

447 Mass. 768 (2006)

JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 3844 vs. SEX OFFENDER REGISTRY BOARD.

Supreme Judicial Court of Massachusetts, Bristol.

December 5, 2006.

Attorney(s) appearing for the Case

Daniel A. Less, Special Assistant Attorney General, for the defendant.

William S. Smith for the plaintiff.

Carol A. Donovan, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Cordy, JJ.

IRELAND, J.

We transferred this case on our own motion to decide a question reported by a Superior Court judge: whether G. L. c. 6, § 178K, and the regulations promulgated thereunder, 803 Code Mass. Regs. §§ 1.38-1.40 (2002), for determining the classification of a person as a level one, two, or three sex offender "vests untrammeled discretion in the [Sex Offender Registry] Board [(board)] over the classification level, thereby

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