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Lifetime Community Parole Supervision
If you have been charged with failure to register as a sex offender, you may be facing lifetime community parole supervision. Under Massachusetts General Laws Chapter 17H, a person convicted of failure to register as a sex offender will be subjected to lifetime community parole if:
- He/she has been classified as a level 2 or 3 sex offender. Level 2 sex offenders are those determined by the Sex Offender Registry Board to be at a moderate risk of re-offense and of such a level of dangerousness that the public interest is served by making registration information public. Level 3 sex offenders are those determined by the Sex Offender Registry Board to be at a high risk of re-offense and so dangerous that there is a substantial public interest served by actively disseminating registration information.
- The underlying offense was indecent assault and battery on a child under 14, indecent assault and battery on a retarded person, forcible rape of a child, statutory rape, assault to rape a child, kidnapping of a child under 16, or conspiracy or accessory to any of these crimes.
Subsequent-offense sex crimes can also require lifetime community parole supervision. Subsequent offenses that require lifetime community parole include the following:
- Indecent Assault and Battery on a Child Under 14
- Indecent Assault and Battery on a Retarded Person
- Indecent Assault and Battery on a Person 14 or Over
- Aggravated Rape
- Forcible Rape of a Child
- Statutory Rape
- Assault to Rape
- Assault to Rape a Child
- Kidnapping of a Child Under 16
- Drugging for Sexual Intercourse
- Unnatural Act with Child Under 16
Massachusetts General Laws Chapter 275 S18 previously provided for optional imposition of lifetime community parole for first offenses. Finally in Commonwealth v. Pagan, the Supreme Judicial Court held that S18 was unconstitutionally vague with respect to first-time offenders and that lifetime community parole supervision may be imposed lawfully on a repeat offender provided that the complaint alleges that he or she is a repeat offender.
While community parole supervision for life is commonly understood as a public safety measure, it is clear that it was designed partly to enhance penalties for sex offenders. While on lifetime community parole, you will be subject to the control of the parole board just as if you were a parolee. The parole board will fix your terms and conditions, and it can change those conditions at any time. The board may impose a fee to pay the cost of any rehabilitative or treatment program. You will be facing time in the house of correction if you violate a condition of the parole.Massachusetts Sex Crimes Attorney
Stephen Neyman is a top Massachusetts sex crimes lawyer who is fully prepared to fight any felony or misdemeanor sex crime charge. He has been defending those accused of sex crimes for decades, and he has a proven history of success. When facing a sex-related charge, it is extremely important to have an experienced lawyer on your side. Not only will you be facing serious penalties (for some, the possibility of lifetime community parole supervision), but you will also be facing a lifetime of negative labeling and humiliation. For the best possible chance of avoiding these consequences, call the Law Office of Stephen Neyman, P.C. at 617-263-6800 or contact us online today.