DOE, SEX OFFENDER REGISTRY BOARD NO. 16748 v. SEX OFFENDER REGISTRY BOARD

No. 11-P-308.

82 Mass. App. Ct. 152 (2012)

JOHN DOE, SEX OFFENDER REGISTRY BOARD No. 16748 v. SEX OFFENDER REGISTRY BOARD.

Appeals Court of Massachusetts, Essex.

July 16, 2012.


Attorney(s) appearing for the Case

Brandon L. Campbell for the plaintiff.

Paul Tuttle for the defendant.

Present: CYPHER, GREEN, & TRAINOR, JJ.


CYPHER, J.

We are presented with the question whether a regulation promulgated by the Sex Offender Registry Board (board) that permits the board to increase a "registered and finally classified sex offender['s]" level of classification, absent conviction of a new sex offense, exceeds the board's authority. See 803 Code Mass. Regs. § 1.37C(1), (3) (2004). We conclude that it does.

Background. In...

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