Doe v. Sex Offender Registry Bd.

The Sex Offender Registry Board notified Petitioner that it had preliminarily classified him as a level three sex offender. Petitioner requested a hearing. After the hearing had been completed but before the hearing examiner had rendered a decision, a successor examiner was appointed. The successor examiner then issued his decision classifying Petitioner as a level three offender. The superior court affirmed the Board’s decision. Petitioner sought an order directing the Board to produce a transcript of his classification hearing under 803 Code Mass. Regs. 4.22(4), which directs the Board to provide a successor hearing examiner and the parties with a copy of the transcript where the successor examiner is appointed after the presentation of evidence is complete and the record closed. Despite this requirement, no copy of the classification transcript was ever provided to Petitioner. Petitioner’s request was denied. Petitioner then filed a mandamus petition in the county court seeking to compel the Board to provide a copy of the hearing transcript. A single justice denied the motion. The Supreme Court vacated the judgment of the single justice and remanded the case to the county court where an order shall enter directing the Board to produce a copy of the transcript. View "Doe v. Sex Offender Registry Bd." on Justia Law