Doe v. Sex Offender Registry BoardAnnotate this Case
Plaintiff was found guilty of indecent assault and battery on a child under fourteen. While Plaintiff was still incarcerated, the Sex Offender Registry Board (SORB) recommended that Plaintiff be classified as a level three sex offender. Plaintiff challenged the recommendation. A SORB hearing officer determined by a preponderance of the evidence that Plaintiff was appropriately classified as a level two offender. The superior court affirmed the level two classification. At issue before the Supreme Judicial Court was the standard of proof that the SORB must satisfy in order to classify a convicted sex offender under the provisions of the sex offender registry law. The Supreme Judicial Court vacated the decision of the superior court affirming SORB’s classification of Plaintiff as a level two sex offender, holding that due process requires that a sex offender’s risk level be proved by clear and convincing evidence. Remanded for entry of an order to SORB to conduct an evidentiary hearing de novo under the heightened standard.