Passage Of Time: Offense Free Time Means Lower Risk

In 1999, the Massachusetts Supreme Judicial Court in Doe v. Attorney General, 430 Mass. 155 n 18 (Mass., 1999) noted that: “[D]ue process may require some opportunity to show that for some reason--a long passage of time without reoffense, for example--the offender should be exempted from some or all of the regulations. See G.L. c. 6, § 178K (1) (a)-(l ).” Later, in 2006, the high court noted that an offender would have a right to relief from registration in similar circumstances. Doe v. Sex Offender Registry Bd., 447 Mass. 750 (Mass., 2006). Finally, it was not unexpected that “[i]n Doe, Sex Offender Registry Bd. No. 8725 v. Sex Offender Registry Bd., 450 Mass. 780, 793 (2008) (Doe No. 8725 ), the Supreme Judicial Court held that due process requires that a sex offender be given the opportunity to demonstrate that he poses no current risk of reoffense or threat to the public.” Doe v. SORB, --- Mass. App. Ct. --- (2009)(citations omitted.)

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