Wednesday, December 19, 2012

MA - Senate GOP Plans Comprehensive Sex Offender Legislation

Original Article

12/19/2012

By William Laforme

Mass. Senate Republican Leader Bruce Tarr plans to introduce legislation in January.

Senate Republicans expect to file comprehensive legislation during the new session aimed at reforming how information about sex offenders is shared between law enforcement and other officials.

The bill is a response to the ongoing case involving Wakefield resident [name withheld] and some 100 counts of child sex abuse he is facing. His wife, [wife name withheld], is also facing charges in the case for running an illegal daycare and for reckless endangerment.

[name withheld]’s original classification suggested his risk of re-offense was low, and the public would not benefit from the disclosure of his information; however, subsequent facts have proven this assessment was inadequate and needed to be adjusted accordingly. Since 1989, [name withheld] has been the subject of multiple investigations that, with due diligence, would have warranted further scrutiny of his classification level and risk to re-offend.
- So what are they going to do now?  Just put all information online and treat all ex-sex offenders as if they are predators?  It would not shock us if they did.

According to an announcement from Senate Republican Leader Bruce Tarr, the bill is expected to include – at the minimum, the following provisions:

  • a requirement and authorization for law enforcement agencies and prosecutors to communicate with the SORB in a timely fashion about the commitment of subsequent offenses by a registered sex offender;
  • the legal authority of the SORB to re-classify sex offenders based on new information, which was taken away by the Massachusetts Court of Appeals on July 16, 2012 in its ruling in the case of John Doe 16748 v. Sex Offender Registry Board (Docket Number 11-P-308);
  • the ability of the SORB to expedite the re-classification process of a sexual offender upon the recommendation of law enforcement and prosecutors; and
  • a requirement for the timely re-classification of sex offenders who have committed subsequent offenses

Tarr indicated that he expects to file the comprehensive bill himself, and noted that other interested lawmakers are welcome to join him.

We want to produce as comprehensive a bill as possible. I am looking forward to engaging in a dialogue with other stakeholders – including law enforcement, district attorneys and other legislators – to craft legislation that will provide better safeguards so predators like [name withheld] are classified properly and not allowed to continue to prey on innocent victims,” said Tarr.
- But he was evaluated by a professional and not labeled a "predator."  It doesn't matter who does the evaluation or what designation a person gets, there is no guarantee that they will not commit another related crime.  That is the same with any other criminal!  We agree you can review past criminal records to make an educated guess, but that's about all you can do.


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