State v. Dennis
Annotate this CaseDefendant Brian Dennis was twice convicted of felony crimes involving sexual misconduct. After Defendant's second conviction, the Sex Offender Board of Review assessed Defendant's level of risk of re-offending that he posed to the community. The Board classified Defendant as a level three, high risk sexual offender. The superior court magistrate affirmed. The Supreme Court affirmed, holding (1) the superior court magistrate did not err by finding that the State established a prima facie case justifying the Board's decision to classify Defendant as a level three sex offender; (2) Defendant was afforded a meaningful hearing when the superior court reviewed Defendant's classification level, and therefore, Defendant's right to procedural due process was not violated; (3) because the Board properly relied upon a range of materials to formulate its decision to deviate from the risk level indicated by the objective tests, the superior court magistrate did not err in finding that competent evidence existed to support the Board's assessment and upholding the classification.
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