Thursday, February 6, 2014

MA - DOE, SEX OFFENDER REGISTRY BOARD NO. 29481 v. SEX OFFENDER REGISTRY BOARD

Original Article

Excerpt:
The plaintiff appeals from a Superior Court judgment that affirmed the denial of his request for expert funds and affirmed the final decision of the Sex Offender Registry Board (board) which, after a de novo hearing, ordered the plaintiff to register as a level three (high risk) offender. On appeal, the plaintiff essentially argues that (1) the hearing examiner's decision [84 Mass. App. Ct. 538] is not supported by substantial evidence, (2) a remand for a new hearing is necessary due to the bias of the hearing examiner, and (3) a remand is also required because it was an abuse of discretion to deny his motion for funds to obtain expert evidence to explain that he poses a lower risk of recidivism because of mental illness and his age (fifty-eight at the time of the hearing). Due to the bias of the hearing examiner, the decision of the board must be vacated and the plaintiff must be afforded a new classification hearing.


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