As a result of receiving numerous phone calls regarding the Massachusetts Sex Offender Registry (SOR), the Belmont Police Department would like to inform the community about the system, how individuals are placed into it, and how the public can access the information within it.

In 1999 the Massachusetts Sex Offender Registry was the subject of a court appeal. The appeal was based upon an individual Sex Offenders objection to his classification, as a Sex Offender, by the SOR Board (SORB). Upon appealing his classification to the court, Judge John Xifaras found in the Sex Offenders favor, stating that each individual sex offender had a right to a hearing, in front of the SORB, if they did not agree with their classification. As a result of that decision the Sex Offender Registry, as we knew it in 1999, was dismantled and all police department's ability to disseminate SOR information was taken away.

In September 1999 the New Sex Offender Registration Act was passed into law. A new SORB was formed, with a new set of rules and regulations, which included the re-classification of over 17,000 sex offenders in the commonwealth of Massachusetts. This classification was, and continues to be, a huge undertaking for a single agency to handle. The procedure that is in place includes an initial classification of the offender by the SORB, based on the circumstances of his/her individual case. The classification is then sent out to the offender, who has the ability to appeal the initial SORB classification. That appeal will then take place in the form of a face-to-face encounter between the SORB and the offender. Once a final classification is made the information is passed onto the local police departments where the individual works, and /or lives, or where the offense took place.

Sex Offenders are currently placed into three classifications, which are based upon the severity of the offense and the chance of offender recidivism:

1. Level I: Low Risk of Re-offense

The information regarding these offenders is "For Law Enforcement Use Only," and is not disseminated to the general public. A typical crime within this classification would be "Lewd and Lascivious" behavior.

2. Level II: Moderate Risk of Re-offense

The information regarding these offenders will be disseminated upon lawful request. Such a request must be made by a resident who is 18 years of age or older, in person at the police station, and through a prescribed form of the Criminal History Systems Board. Typical crimes within this classification would be "Rape, Rape of a Child, Aggravated Rape, etc."

3. Level III: High Risk Of Re-offense

In addition to the Level II form of dissemination the Belmont Police Department must utilize one of the following means to actively notify the community of the presence of the Level III Sex Offender: Local Cable Television; Local Newspaper; Posting of information in a public area in the neighborhood area where the offender resides, or works. Examples would be the post office, Town Hall, or public library.

Offenders in this classification have been found to be a danger to society, and are often "sexually violent predators." They usually have multiple offenses, on multiple dates. An individual, with only one offense, but one that is particularly violent or brutal, would be placed in this category.

Dissemination and Notification, under Level II and Level III, will include the following information: The name of the offender; home address; work address; the offense for which the offender was convicted or adjudicated (if a juvenile), along with the dates of the conviction or adjudication. The offenders, age, sex, race, height, weight, eye and hair color and a photograph, if available.

How does the Belmont Police get its information?

The SORB disseminates all information, regarding sex offenders, to the local police departments. If they discover that a classified offender lives, works, or committed his/her offense in Belmont, the Belmont Police will be notified immediately upon classification. Once a resident of Belmont is classified by the SORB, they must register with the Belmont Police within two days of their notification. The Belmont Police also reach out to the offender to remind him/her of their responsibility under the law.

Currently there are no Level III offenders in Belmont. The Belmont Police Department has information, which it can disseminate, on one Level II offenders that either live or work in the town of Belmont. The initial classification, of all 17,000-plus offenders, is ongoing and results in periodic notifications to the town. If you wish to access SOR information you may apply at the Belmont Police Department as previously described. The statutory time frame for response to a request for information is three days.

What are your responsibilities once you receive the information?

Upon making application for Sex Offender Registry Information, the applicant will note the following warning at the bottom of the application sheet:

"Sex Offender Registry Information shall not be used to commit a crime or to engage in illegal discrimination or harassment of an offender. Any person who uses information disclosed pursuant to M.G.L. c6- ss178C-ss178P for such purposes shall be punished by not more than 2 1/2 years in a house of correction or by a fine of not more than $1000 or both (MGL c6 ss178n). In addition, any person who uses registry information to threaten to commit a crime may be punished by a fine of not more than $100 or by imprisonment for not more than six months (MGL c275 s4).

Any Questions Contact Lt. Rielly: 617-484-1212