Commonwealth v. Maker

Summary

The Massachusetts Supreme Judicial Court held that the Sex Offender Registry Board exceeded its statutory authority by requiring incarcerated level 2 and level 3 sex offenders to report in person to local police within two days of release. The court invalidated the regulation, answered both reported questions in the negative, and ordered the defendant’s conviction and sentence vacated. The matter was remanded for further proceedings.

Holdings

1. The Sex Offender Registry Board lacked express or implied statutory authority to require incarcerated level 2 or 3 sex offenders to report in person to local police within two days after release. The regulation therefore exceeded the board's authority and was invalid.
2. Failure to comply with 803 Code Mass. Regs. § 1.04(7)(b) does not constitute a violation of G. L. c. 6, § 178H because the regulation is invalid and cannot create an enforceable registration obligation.

Questions Presented

1. Whether the Sex Offender Registry Board had statutory authority to require incarcerated level 2 and 3 sex offenders to report in person to their local police department within two days after release.
2. Whether failure to comply with 803 Code Mass. Regs. § 1.04(7)(b) constitutes a violation of G. L. c. 6, § 178H.

Disposition

vacated