Elroy E. v. Commonwealth
Elroy E. v. Commonwealth
Opinion of the Court
At issue is the validity of a section of the Sex Offender Registration and Community Notification Act, G. L. c. 6, §§ 178C-178P (act), namely § 178E (/) (see note 4, infra), which, in general terms, grants a sentencing judge discretion to relieve certain sex offenders of the obligation to register as a sex offender with the sex offender registry board (board). In this case, the juvenile unsuccessfully sought relief from the registration requirement, challenging § 178E (f) on equal protection grounds. He sought relief in the county court by filing a petition pursuant to G. L. c. 211, § 3, and a single justice reserved and reported the case. We reject his challenge and direct the single justice to affirm the order denying him relief from the registration requirement.
1. Background. On January 24, 1994, after a jury-waived trial in the Worcester Division of the Juvenile Court Department, the then fifteen year old juvenile was adjudicated delinquent by reason of indecent assault and battery on an individual over the age of fourteen, in violation of G. L. c. 265, § 13H.
On June 9, 2005, the board first classified the juvenile as a level one sex offender. Later, in August, 2009, the board notified the juvenile of its intention to reevaluate his classification level. On October 2, 2009, the juvenile was charged in the Marlborough Division of the District Court Department with two
In December, 2009, the juvenile filed a motion pursuant to § 178E (/) in the Worcester Division of the Juvenile Court Department to be relieved, by the Juvenile Court judge who had adjudicated him delinquent and had sentenced him, from the registration requirement. In his motion, the juvenile pointed out that he had been adjudicated delinquent in 1994, and was discharged from probation on June 11, 1996,
2. Discussion. The juvenile maintains that the statutory denial of a judicial relief hearing pursuant to § 178E (/) for him, solely because he was adjudicated delinquent prior to December
The juvenile bears a heavy burden in challenging the constitutionality of § 178E (f) on equal protection grounds. See Rushworth v. Registrar of Motor Vehicles, 413 Mass. 265, 271 (1992). He concedes, as he must, that the statute does not burden a fundamental right or impact a suspect class. Therefore, the classification created by § 178E (f) will be upheld if it is “rationally related to a legitimate State purpose.” Rushworth v. Registrar of Motor Vehicles, supra at 271-272, quoting Hallett v. Wrentham, 398 Mass. 550, 557 (1986). There is no doubt that this standard is met.
The juvenile correctly asserts that, given his date of adjudication, under § 178E (f) he is not entitled to review and determination by the Juvenile Court judge who sentenced him of whether he may obtain relief from the registration requirement. He overlooks, however, that under the act, he was afforded the same review and determination (of whether he may be relieved from the registration requirement) from the board. Under the act, individuals such as the juvenile, whose sex offense convictions or adjudications occurred prior to December 12, 1999, have (or had in the juvenile’s case) the option of seeking relief from the registration requirement from the board pursuant to G. L. c. 6, § 178L (1) (c), with judicial review of the board’s decision.
Where the juvenile had been afforded the opportunity for an administrative hearing before the board with the option of judicial review with respect to his obligation to register as a sex offender, the denial of a relief hearing before the judge who had sentenced him on the sex offense pursuant to § 178E (f), does not violate his right to equal protection. The Legislature’s enactment of § 178E (f) and its determination not to apply that same procedure with respect to sex offenders with convictions or adjudications occurring before December 12, 1999, reflects a legitimate legislative goal of how to best manage the registration and classification process.
When the act was originally enacted in 1996, it reasonably can be assumed that it applied to a very large number of people on account of its broad definition of the term “sex offender” as including “a person convicted of a sex offense or who has been adjudicated as a youthful offender or as a delinquent juvenile
Some final observations are in order. To the extent that the juvenile suggests that he poses less of a risk to the public because the date of his adjudication of delinquency occurred so long ago, such a consideration is one appropriately for the board
3. Conclusion. For the reasons set forth above, we remand to the county court, where the single justice is directed to enter an order affirming the Juvenile Court judge’s order denying the juvenile’s motion, made pursuant to § 178E (f), for relief from the registration requirement.
So ordered.
That same day, the trial judge committed the juvenile to the Department of Youth Services, then suspended the juvenile’s commitment and placed him on probation for one year.
General Laws c. 6, § 178E (Z), as appearing in St. 1999, c. 74, § 2, provided that “a sex offender residing or working in the [C] ommon wealth shall, within ten days of the effective date of this section, register.” The current version of this provision imposes the registration requirement also on a sex offender “working at or attending an institution of higher learning in the [C]ommon wealth.” G. L. c. 6, § 178E (Z), as amended through St. 2006, c. 139, § 18.
Section 178P of G. L. c. 6 was not part of the original act, see St. 1996, c. 239, § 1, but was inserted by St. 1997, c. 106, § 3.
General Laws c. 6, § 178E (/), as appearing in St. 1999, c. 74, § 2, provides:
“In the case of a sex offender who has been convicted of a sex offense or adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense, on or after December 12, 1999, and who has not been sentenced to immediate confinement, the court shall, within 14 days of sentencing, determine whether the circumstances of the offense in conjunction with the offender’s criminal history indicate that the sex offender does not pose a risk of reoffense or a danger to the public. If the court so determines, the court shall relieve such sex offender of the obligation to register under sections 178C to 178P, inclusive. The court may not make such a determination or finding if the sex offender has been determined to be a sexually violent predator; has been 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 sex offense involving a child or a sexually violent offense; or if the sex offender is otherwise subject to minimum or lifetime registration requirements as determined by the board pursuant to section 178D.”
A hearing was scheduled for July 19, 2010. Prior to the hearing, the juvenile filed a motion with the board for relief from the registration requirement. To date, a decision concerning the motion for relief from registering is pending. On February 7, 2011, the board issued its decision reclassifying the juvenile as a level two sex offender.
The juvenile’s probation was extended several times because he was found to have violated its terms.
The Juvenile Court judge’s denial was entered on March 1, 2010, from which the juvenile timely filed a notice of appeal. Before the judge’s denial of relief, the juvenile was found guilty, on February 23, 2010, of one count of failing to register as a sex offender.
The standard for evaluating equal protection challenges under our State Constitution is the same as the standard under the Federal Constitution. See Blixt v. Blixt, 437 Mass. 649, 661 n.17 (2002), cert. denied, 537 U.S. 1189 (2003), and cases cited.
Under G. L. c. 6, § 178L (1) (c), “[t]he 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.”
Indeed, under § 178E (f), the relief hearing on whether a sex offender should be relieved from the registration requirement is to take place “within 14 days of sentencing,” an impossibility in the juvenile’s case.
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