While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws are often full of nuances and gaps. Legal challenges in some states have resulted in different registration requirements based on the year of conviction or first registration. Users must accept all risks associated with actions taken based on this information. Please help us improve by reporting any errors or omissions via Email (Email Us Here)

Massachusetts Laws Regarding Registration

Who must register ?

178C
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178C

What information must registrants provide?

178D
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178D

Section 178D: Sex offender registry

Section 178D. The sex offender registry board, known as the board, in cooperation with the department, shall establish and maintain a central computerized registry of all sex offenders required to register pursuant to sections 178C to 178P, inclusive, known as the sex offender registry. The sex offender registry shall be updated based on information made available to the board, including information acquired pursuant to the registration provisions of said sections 178C to 178P, inclusive. The file on each sex offender required to register pursuant to said sections 178C to 178P, inclusive, shall include the following information, hereinafter referred to as registration data:

(a) the sex offender’s name, aliases used, date and place of birth, sex, race, height, weight, eye and hair color, social security number, home address, any secondary addresses and work address and, if the sex offender works at or attends an institution of higher learning, the name and address of the institution;

(b) a photograph and set of fingerprints;

(c) a description of the offense for which the sex offender was convicted or adjudicated, the city or town where the offense occurred, the date of conviction or adjudication and the sentence imposed;

(d) any other information which may be useful in assessing the risk of the sex offender to reoffend; and

(e) any other information which may be useful in identifying the sex offender.

Notwithstanding sections 178C to 178P, inclusive, or any other general or special law to the contrary and in addition to any responsibility otherwise imposed upon the board, the board shall make the sex offender information contained in the sex offender registry, delineated below in subsections (i) to (viii), inclusive, available for inspection by the general public in the form of a comprehensive database published on the internet, known as the ”sex offender internet database”; provided, however, that no registration data relating to a sex offender given a level 1 designation by the board under section 178K shall be published in the sex offender internet database but may be disseminated by the board as otherwise permitted by said sections 178C to 178P, inclusive; and provided further, that the board shall keep confidential and shall not publish in the sex offender internet database any information relating to requests for registration data under sections 178I and 178J:

(i) the name of the sex offender;

(ii) the offender’s home address and any secondary addresses;

(iii) the offender’s work address;

(iv) the offense for which the offender was convicted or adjudicated and the date of the conviction or adjudication;

(v) the sex offender’s age, sex, race, height, weight, eye and hair color;

(vi) a photograph of the sex offender, if available;

(vii) whether the sex offender has been designated a sexually violent predator; and

(viii) whether the offender is in compliance with the registration obligations of sections 178C to 178P, inclusive.

All information provided to the public through the sex offender internet database shall include a warning regarding the criminal penalties for use of sex offender registry information to commit a crime or to engage in illegal discrimination or harassment of an offender and the punishment for threatening to commit a crime under section 4 of chapter 275. The sex offender internet database shall be updated regularly, based on information available to the board, and shall be open to searches by the public at any time without charge or subscription. The board shall promulgate rules and regulations to implement, update, and maintain such a sex offender internet database, to ensure the accuracy, integrity, and security of information contained therein, to ensure the prompt and complete removal of registration data for persons whose duty to register has terminated or expired under sections 178G, 178L or 178M or any other law, and to protect against the inaccurate, improper, or inadvertent publication of registration data on the internet.

The board shall develop standardized registration and verification forms, which shall include registration data as required pursuant to sections 178C to 178P. The board shall make blank copies of such forms available to all agencies having custody of sex offenders and all city and town police departments; provided, however, that the board shall determine the format for the collection and dissemination of registration data, which may include the electronic transmission of data. Records maintained in the sex offender registry shall be open to any law enforcement agency in the Commonwealth, the United States, or any other state. The board shall promulgate rules and regulations to implement the provisions of sections 178C to 178P, inclusive. Such rules and regulations shall include provisions that may permit police departments located in a city or town that is divided into more than one zip code to disseminate information pursuant to the provisions of section 178J categorized by zip code and to disseminate such information limited to one or more zip codes if the request for such dissemination is so qualified; provided, however, that for the city of Boston, dissemination of information may be limited to one or more police districts.

The board may promulgate regulations further defining in a manner consistent with maintaining or establishing eligibility for federal funding pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071, the eligibility of sex offenders to be relieved of the obligation to register, including but not limited to, regulations limiting motions under subsection (e) of section 178E, section 178G and relief from registration pursuant to paragraph (d) of subsection (2) of section 178K.

How frequently must they register? And for how long?

Annually in writing level 1 178F
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178F
Annually in person level 2/3 178F ½
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178F%201~2
20 yr/life 178G
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178G

Does the state categorize registrants by levels/tiers?

Yes. Level 1, Level 2, and Level 3; 178k.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178K
https://www.mass.gov/service-details/levels-of-sex-offenders
https://www.mass.gov/service-details/sex-offender-classification-process#:~:text=The%20Board%20member%20then%20issues,danger%20and%20risk%20to%20reoffend

Does the state use risk assessment when assigning tiers or levels to registrants?

Yes. Not a psychological evaluation, but it is a risk assessment process conducted by the Sex Offender Registry Board (SORB).
https://www.mass.gov/orgs/sex-offender-registry-board
https://www.mass.gov/service-details/sex-offender-classification-process
https://www.mass.gov/service-details/levels-of-sex-offenders

Do any registrants remain privately registered? If so, who?

All Level 1 are private. Level 2 is private if classified before July 12, 2013.
https://www.mass.gov/service-details/levels-of-sex-offenders

Is there a registration fee?

Yes
$75 annually, unless you can demonstrate you can’t afford it.
178Q
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178Q

Are there special restrictions for registrants even after supervision?

GPS certain probationers 265-47
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section47
Ice cream truck vending 265-48
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section48
GPS homeless 178F ¾
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178F%203~4
Yearly fee: 178Q
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178Q

Is there a process for removal from the registry? If so, who qualifies and what is the process?

Yes for 20 yr 178G
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178G

Section 178G: Termination of obligation to register

Section 178G. The duty of a sex offender required to register pursuant to this chapter and to comply with the requirements hereof shall, unless sooner terminated by the board under section 178L, end 20 years after such sex offender has been convicted or adjudicated or has been released from all custody or supervision, whichever last occurs, unless such sex offender was convicted of two or more sex offenses defined as sex offenses pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071, committed on different occasions, has been convicted of a sexually violent offense; has been determined by the sentencing court to be a sexually violent predator, or if such sex offender is otherwise subject to lifetime registration requirements as determined by the board pursuant to section 178D, in which cases the duty to register shall never be terminated. A person required to register with the sex offender registry board may make an application to said board to terminate the obligation upon proof, by clear and convincing evidence, that the person has not committed a sex offense within ten years following conviction, adjudication or release from all custody or supervision, whichever is later, and is not likely to pose a danger to the safety of others. For so long as such sex offender is under a duty to register in the commonwealth or in any other state where the offender resides or would be under such a duty if residing in the commonwealth, such sex offender shall not be entitled to relief under the provisions of section 100A or 100B of chapter 276.

May request reclassification 178L
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178L

Section 178L: Classification of sex offenders by board; hearings; right to counsel; reclassification

Section 178L. (1) Upon review of any information useful in assessing the risk of reoffense and the degree of dangerousness posed to the public by the sex offender, including materials described in the board guidelines and any materials submitted by the sex offender, the board shall prepare a recommended classification of each offender. Such recommendation may be made by board staff members upon written approval by one board member; provided, however, that if the sex offender was a juvenile at the time of the offense, written approval must be given by a board member who is a licensed psychologist or psychiatrist with special expertise in the assessment and evaluation of juvenile sex offenders.

(a) Not less than 60 days prior to the release or parole of a sex offender from custody or incarceration, the board shall notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register according to the provisions of section 178E. If the sex offender is a juvenile at the time of such notification, notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the juvenile in the absence of a legal guardian and his most recent attorney of record. Such sex offender may submit such evidence to the board within 30 days of receiving such notice from the board. Upon a reasonable showing, the board may extend the time in which such sex offender may submit such documentary evidence. Upon reviewing such evidence, the board shall promptly notify the sex offender of the board’s recommended sex offender classification, his duty to register, if any, his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding. Such sex offender shall petition the board for such hearing within 20 days of receiving such notice. The board shall conduct such hearing in a reasonable time according to the provisions of subsection (2). The failure timely to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.

(b) The district attorney for the county where such sex offender was prosecuted may, within ten days of a conviction or adjudication of a sexually violent offense, file a motion with the board to make an expedited recommended classification upon a showing that such sex offender poses a grave risk of imminent reoffense. If the petition is granted, the board shall make such recommendation within ten days of the expiration of the time to submit documentary evidence. If the petition is not granted, the board shall make such recommended classification as otherwise provided in this section.

(c) In the case of any sex offender not in custody, upon receiving registration data from the agency, the police department at which the sex offender registered, the sentencing court or by any other means, the board shall promptly notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register, if any, according to section 178E. If such sex offender is a juvenile at the time of such notification, notification shall also be mailed to such sex offender’s legal guardian or agency having custody of the juvenile in the absence of a legal guardian and his most recent attorney of record. Such sex offender may submit such evidence to the board within 30 days of receiving such notice from the board. Upon a reasonable showing, the board may extend the time in which a sex offender may submit such documentary evidence. Upon reviewing such evidence, the board shall promptly notify such sex offender of the board’s recommended sex offender classification, his duty to register, if any, and his right to petition the board to request an evidentiary hearing to challenge such classification and duty, his right to retain counsel to represent him at such hearing and his right to have counsel appointed for him if he is found to be indigent as determined by the board using the standards under chapter 211D; provided, however, that such indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case where the board in its classification proceeding intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the classification proceeding. Such sex offender shall petition the board for such hearing within 20 days of receiving such notice. The board shall conduct such hearing in a reasonable time according to the provisions of subsection (2). The failure timely to petition the board for such hearing shall result in a waiver of such right and the registration requirements, if any, and the board’s recommended classification shall become final.

(2) If an offender requests a hearing in accordance with subsection (1), the chair may appoint a member, a panel of three board members or a hearing officer to conduct the hearing, according to the standard rules of adjudicatory procedure or other rules which the board may promulgate, and to determine by a preponderance of evidence such sex offender’s duty to register and final classification. The board shall inform offenders requesting a hearing under the provisions of subsection (1) of their right to have counsel appointed if a sex offender is deemed to be indigent as determined by the board using the standards under chapter 211D. If the sex offender does not so request a hearing, the recommended classification and determination of duty to register shall become the board’s final classification and determination and shall not be subject to judicial review. All offenders who are juveniles at the time of notification shall be represented by counsel at the hearing.

(3) The board may, on its own initiative or upon written request by a police department or district attorney, seek to reclassify any registered and finally classified sex offender in the event that new information, which is relevant to a determination of a risk of re-offense or degree of dangerousness, is received. The board shall promulgate regulations defining such new information and establishing the procedures relative to a reclassification hearing held for this purpose; provided that (i) the hearing is conducted according to the standard rules of adjudicatory procedure or other rules which the board may promulgate, (ii) the hearing is conducted in a reasonable time, and (iii) the sex offender is provided prompt notice of the hearing, which includes: the new information that led the board to seek reclassification of the offender, the offender’s right to challenge the reclassification, the offender’s right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public, the offender’s right to retain counsel for the hearing, and the offender’s right to have counsel appointed if the offender is indigent, as determined by the board using the standards in chapter 211D. An indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case in which the board intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the reclassification proceeding. The failure of the offender to attend the hearing may result in a waiver of the offender’s rights and the board’s recommended reclassification becoming final.

All offenders who are juveniles at the time of notification shall be represented by counsel at the hearing and notification shall also be mailed to the sex offender’s legal guardian or agency having custody of the juvenile in the absence of a legal guardian and the offender’s most recent attorney of record.

What is the registration requirement for someone with a sexual offense who is visiting the state?

No specific statement regarding those visiting the state, but does have a requirement for registering “secondary addresses,” defined as “a place of residence for 14 or more aggregate days in a calendar year, or a place routinely resided in for 4 or more consecutive days per month.” §178C.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178C
https://www.mass.gov/service-details/who-has-to-register-as-a-sex-offender

What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school?

Within 2 days by mail 178E(g)
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter6/Section178E

State Laws Regarding Sexual Offenses and Offenders, other than registration

What sexual offenses can people be convicted of, and what are the ranges of sentences?

265-49 – 265-52; ff, click next
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section49
265-22 – 265-24A; ff, click next
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section22

Does the state have lifetime supervision?

See § 265-45 regarding lifetime supervision.
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section45
However, a 2014 court decision, Commonwealth v. Cole, has impacted this law.
https://law.justia.com/cases/massachusetts/supreme-court/2014/sjc-11316.html

Does the state have indeterminate sentencing?

No.

What are the state civil commitment laws?

See § 123A – 13.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123A/Section13

However, two court decisions have impacted this law. See WAYNE CHAPMAN, petitioner. 482 Mass. 293 regarding petitioning for release, and COMMONWEALTH vs. JOSEPH BLAKE.454 Mass. 267 regarding how quickly a judge must rule on commitment cases.

Age 16 265-22A
https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section22A

Are there “Romeo and Juliet” laws or other laws specific to young people?

No.
https://www.ageofconsent.net/states/massachusetts

Info for State Advocates

Are felons allowed to vote? If so, when is this right restored?

Yes; after release from incarceration
https://www.sec.state.ma.us/ele/eleifv/howreg.htm

What does the state say about persons who are required to register?

https://www.mass.gov/info-details/massachusetts-law-about-sex-offenders
https://www.mass.gov/orgs/sex-offender-registry-board

How does the state’s legislative process work?

The Legislative Process in Massachusetts
https://www.masslegalservices.org/content/legislative-process-massachusetts-0
MASSACHUSETTS LEGISLATIVE PROCESS
https://www.mass.gov/doc/the-legislative-process-0/download

How can I locate legislation regarding sexual offense issues?

Search by bill summary or by key word.
https://malegislature.gov/Bills/Search

Best keywords are:

sex offender, sexual

How to sign up for notifications of bill movement:

MyLegislature
https://malegislature.gov/MyLegislature/About

Massachusetts Recently Introduced Bills
https://legiscan.com/MA/bill/

Most important legislative committees for our issues are:

Joint Committee on the Judiciary
https://malegislature.gov/Committees/Detail/J19

Joint Committee on Public Safety and Homeland Security
https://malegislature.gov/Committees/Detail/J22

Contact info for state legislators can be found at:

Senate
https://malegislature.gov/Legislators/Members/Senate
House
https://malegislature.gov/Legislators/Members/House

Other Useful State Information

Contact information for state registry office

https://www.mass.gov/orgs/sex-offender-registry-board

NARSOL state affiliate website or blog:

No affiliate at present. If you would like to start an affiliate or your organization would like to be an affiliate, contact NARSOL for details\\ 888-997-7765.\\ Email NARSOL

Other helpful state advocacy groups:

Criminal Justice Policy Coalition:
https://actionnetwork.org/groups/criminal-justice-policy-coalition
Boston Release Network:
https://baystatereentrynetwork.org/index.php/author/psjzgld5ww/
Prison Legal Services:
http://www.plsma.org/

Other registrant-friendly state support groups:

Committee for Public Counsel Services:
https://www.publiccounsel.net/
Institute for Sexual Wellness:
https://instituteforsexualwellness.org/
New England Center and Home for Veterans:
http://nechv.org/>
New England Forensic Associates:
http://www.nefacorp.com/>
Coming Home Directory:
https://www.cominghomedirectory.org/

Other helpful information

http://www.sexoffenderresource.com/massachusetts/