Doe, Sex Offender Registry Board No. 234076 v. Sex Offender Registry BoardAnnotate this Case
In this appeal challenging Appellant's classification before the Sex Offender Registry Board (Board) as a level three sex offender, the Supreme Judicial Court remanded the matter, holding that once a hearing examiner has allowed a motion for expert funds to a sex offender seeking a review hearing on his classification, expert testimony in a board hearing is admissible unless it is irrelevant, unreliable, or repetitive.
After the Board notified Appellant of his duty to register Appellant requested his statutory right to a review of his classification by one of the Board's hearing examiners. Before the hearing, Appellant, who was indigent, moved for expert funds to hire an expert in forensic psychology and assessing sex offenders' risk of reoffense. The hearing examiner granted the motion but, during the hearing, significantly limited the expert's testimony. On appeal, the superior court affirmed. The Supreme Judicial Court remanded the matter to the Board for a new hearing at which Appellant's expert may testify as to any relevant, reliable, and nonrepetitive evidence, holding that the hearing examiner improperly limited the scope of Appellant's expert's testimony.