Doe, Sex offender Registry Board No. 209081 v. Sex Offender Registry BoardAnnotate this Case
The Supreme Judicial Court affirmed the decision of the Sex Offender Registry Board to deny Plaintiff’s petition to reopen his classification hearing where the petition, filed six years after the Board’s final decision, did not adequately explain the delay and did not allege prejudice.
Plaintiff was classified by the Board as a level three sex offender. More than six years later, Plaintiff sought to reopen his classification hearing, arguing that the Board violated his procedural due process rights when it held the hearing without ensuring that Plaintiff’s waiver of counsel was knowing and voluntarily. The Board summarily denied the petition for rehearing as untimely. The Supreme Judicial Court affirmed without reaching Plaintiff’s due process claim, holding that, under the circumstances, the Board’s denial of Plaintiff’s petition to reopen his classification hearing was not an abuse of discretion.