DOE v. POLICE COMMISSIONER OF BOSTON

SJC-10916.

460 Mass. 342 (2011)

JOHN DOE v. POLICE COMMISSIONER OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 5, 2011.


Attorney(s) appearing for the Case

Ryan M. Schiff , Committee for Public Counsel Services ( Beth L. Eisenberg , Committee for Public Counsel Services, with him) for the plaintiff.

Julie B. Goldman , Assistant Attorney General ( Beatriz E. Van Meek & Nicole I. Taub with her) for the defendants.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, & DUFFLY, JJ.


DUFFLY, J.

The plaintiff is a level three sex offender currently residing in a rest home. Pursuant to a statute enacted by the Legislature in 2006, a level three sex offender who "establish[es] living conditions within, move[s] to, or transfer[s] to" a long-term care facility such as a rest home commits a crime. See G. L. c. 6, § 178K (2) (e), inserted by St. 2006, c. 303, § 6 (§ 178K [2] [e], or the statute). The plaintiff asks this court...

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