Bill Summary – FastDemocracy

REPORT BY THE SEX OFFENDER REGISTRY BOARD
TO HOUSE AND SENATE WAYS AND MEANS COMMITTEES
 PURSUANT TO FY2025 GENERAL APPROPRIATION ACT
               CH. 140, ACTS OF 2024
       Executive Office of Public Safety and Security
                   One Ashburton Place
               Boston, Massachusetts 02108
This report by the Sex Offender Registry Board (SORB) to the House and Senate Committees on
Ways and Means is submitted pursuant to the Fiscal Year 2025 General Appropriation Act,
Chapter 140 of the Acts of 2024, which reads as follows:
           8000-0125 For the operation of the sex offender registry including, but not
           limited to, the costs of maintaining a computerized registry system and the
           classification of persons subject to the registry; provided, that the
           registration fee paid by convicted sex offenders under section 178Q of
           chapter 6 of the General Laws shall be retained and expended by the sex
           offender registry board; and provided further, that not later than December
           16, 2024, the sex offender registry shall submit a report to the house and
           senate committees on ways and means outlining: (i) utilization of data-
           sharing agreements with state agencies to find addresses of offenders that
           are out of compliance; (ii) plans to establish new data-sharing agreements
           with other executive branch agencies; and (iii) detailed plans to improve
           overall data collection and registry maintenance to enhance public
           safety...(emphasis added).
SORB has implemented data sharing agreements in recent years with numerous state agencies
to identify offenders who are out of compliance with their registration obligations. SORB
remains dedicated to the enhancement of public safety through collaboration with law
enforcement, continued improvements in data collection and technological advancements
ensuring the accuracy of registry information.
A. Utilization of data-sharing agreements with state agencies to find addresses of offenders that
are out of compliance.
SORB has data sharing agreements designed to identify offenders that are out of compliance
with their registration obligations with the following state agencies: the Registry of Motor
Vehicles (RMV), the Department of Children and Families (DCF), the Department of Early
Education and Care (EEC), the Department of Revenue (DOR), the Department of Transitional
Assistance (DTA), the Department of Public Health (DPH), the Division of Occupational
Licensure (DOL), the Department of Public Utilities (DPU), the Executive Office of Housing
and Livable Communities (EOHLC), and the Department of Developmental Services (DDS).
SORB proactively seeks new address information for offenders who are in violation of their duty
to register. SORB also compares information received from other state agencies, even where the
offender is not in violation, to identify any discrepancies with addresses reported to SORB.
When SORB receives information about a potential address for an offender other than what we
have on file from any agency discussed within this report, we notify the relevant local police
department. The local police department then performs an address audit to determine the true
whereabouts of the offender. The primary goal of an address audit is to bring the offender into
compliance and ensure accurate information is contained in the registry. Alternatively, where
appropriate, the local police may pursue criminal charges for failure to register. SORB updates
the registry with addresses received from other state agencies only after the police verify the true
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whereabouts of an offender, as there is no guarantee another agency’s address is any more
accurate than that reported to SORB by an offender absent such verification.
Each agreement is summarized below:
1) Registry of Motor Vehicles (RMV)
By statute (M.G.L. c. 90, § 22(j)) the RMV suspends licenses and registration renewals for
offenders in violation of their registration obligation; data is shared with the RMV monthly for
this purpose. In addition, the SORB Registration staff, who are responsible for monitoring and
managing offenders in violation, have access to state RMV records for the purpose of locating
offenders in violation and notifying them of their obligations. SORB also provides data directly
to the RMV who review school bus driver applicants to ensure they pass a Sex Offender Registry
Information (SORI) check. Pursuant to M.G.L. 90 §8A, the RMV is prohibited from granting a
school bus license to a sex offender. However, the law only currently grants the RMV access to
information on offenders classified as a level 2 or 3. M.G.L. c. 6 §178K(2)(a). As such the
RMV currently has no access to information on offenders who have been classified as a Level 1,
or who have yet to be classified. While SORB has historically shared information with the
RMV, SORB and the RMV are working towards a formalized Data Use License Agreement
(DULA) to memorialize its data exchange. The agencies hope to execute a DULA in calendar
year 2025.
2) Department of Children and Families (DCF)
SORB receives an average of about 450 offender-related phone inquiries annually from DCF
personnel on offender-related investigations. SORB personnel verify an offender’s address at
the time of each phone call. Additionally, SORB receives monthly reports from DCF on
investigations conducted by DCF. This report contains offender address information and SORB
compares this information against addresses on file to ensure accuracy of the registry. A
Memorandum of Understanding has been in place between SORB and DCF since 2016.
3) Department of Early Education and Care (EEC)
In 2019, pursuant to an amendment to SORB’s enabling statute, specifically, Section 178K(2)(a)
of Chapter 6, EEC was granted access to sex offender registry information for all sex offenders
including Level 1 offenders for purposes of conducting Sex Offender Registry Information
Requests (SORI) on potential childcare providers. EEC now electronically receives a continuous
data feed of sex offender registry information for all sex offenders address information , utilizing
the same Background Records Check (BRC) technology built for DPU’s access. SORB’s
offender address information is verified against EEC’s information in the event an offender is
identified in that process.
4) Department of Revenue (DOR)
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SORB utilizes information from the DOR for the purpose of verifying indigency for offenders
who qualify for appointment of counsel during the SORB classification process, and to cross
check addresses for offenders who are in violation of their registration obligation. While SORB
has shared information with DOR by request since approximately 2018, on September 28, 2023,
SORB and DOR entered into a formal Data Use License Agreement (DULA) to start sharing
information electronically and have fully implemented this data exchange. This electronic data
sharing allows for efficient access to addresses and employment information pertaining to sex
offenders who are in violation for both DOR and SORB. These automated checks are conducted
monthly and contain current and historical addresses.
5) Department of Transitional Assistance (DTA)
Using data provided by SORB, DTA notifies offenders receiving assistance if they are in
violation of their duty to register monthly. Additionally, SORB registration and program
services staff has access to address information in DTA’s internal client database, the Beacon
System, to verify offender addresses, ensure accuracy of the registry and verify indigency. DTA
provides an automated address report for all offenders in violation monthly. This report is
reviewed by registration staff and new information is provided to law enforcement to try to
locate and verify actual addresses for these offenders. SORB Program Services staff can access
financial information in the database to assist in processing requests for indigency.
6) The Department of Public Health (DPH)
SORB receives Massachusetts Death Index information from the DPH monthly through an
automatic electronic report. This information is matched with SORB’s offender database and
ensures timely removal of deceased offenders from the registry.
Thirteen licensure boards transitioned from DOL to DPH in September of 2022 under the Acts of
2021, Chapter 39 “An Act Reorganizing Certain Licensing Agencies of the Executive
Department.” In September of 2022, a formal non-financial ISA was established between DPH
and SORB to ensure continued information sharing between the boards that transitioned from
DOL to DPH and SORB. A more comprehensive ISA to cover all of DPH will be formalized in
the 2025 calendar year.
7) The Division of Occupational Licensure (f/k/a Division of Professional Licensure) (DOL)
Since 2014, DOL has obtained information on registered sex offenders through SORB’s
Electronic Sex Offender Request for Information (ESORI) as a part of their background check
process when issuing professional licenses. In June of 2020, a formal non-financial ISA was
established between DOL and SORB to formalize information sharing that will further SORB’s
goal of identifying unknown addresses and locations of offenders. Anytime DOL receives a
match when conducting an ESORI check, SORB compares that DOL’s information against the
registry to check the address. Although several licensure boards transitioned to DPH in the fall
of 2022, the existing ISA between DOL and SORB ensures continued information sharing
between SORB and the remainder of the agency.
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8) Department of Public Utilities (DPU)
In 2016, legislation passed requiring DPU to conduct comprehensive background checks for
individuals licensed and employed by transportation network companies (G.L. Chapter 159A ½,
Section 4). Through technology developed by Department of Criminal Justice Information
Services (DCJIS), known as Background Records Check (BRC), sex offender registry
information is shared electronically with DPU as part of their required background checks for
individuals licensed and employed by transportation network companies. Pursuant to M.G.L. c.
159A1/2, § 4(c), DPU is required to set suitability standards for drivers. According to 220
C.M.R. 274.21, the suitability standard disqualifies any applicant who is presently required to
register as a sex offender. However, similar to the RMV, the Sex Offender Registry law only
currently grants the Department of Public Utilities access information on offenders classified as a
level 2 or 3. M.G.L. c. 6, § 178K(2)(a). As such, DPU currently has no access to information on
offenders who have been classified as a Level 1 offender, or who have yet to be classified.
9) The Executive Office of Housing and Livable Communities (EOHLC, formerly Department
of Housing and Community Development)
In 2019, SORB and EOHLC had a series of discussions and meetings about EOHLC’s need to
conduct address checks for offenders in connection with the shelter housing they provide. A
formal, non-financial ISA was established between SORB and EOHLC on January 17, 2020, for
this purpose and encompasses the reciprocal sharing of information which may assist in the
identification of unknown addresses and locations of offenders. EOHLC periodically sends a list
of applicants for its Emergency Assistance program to SORB to determine sex offender status.
SORB screens for potential matches and returns the results to EOHLC.
10) The Department of Developmental Services (DDS)
In December of 2020, legislation passed granting DDS access to Level 1 offender information
pursuant to G.L. c. 6, § 178K(2)(a) to assist DDS in making informed decisions regarding their
clients. DDS processes background checks on applicants for employment with agencies
contracted with DDS and provides support for individuals with intellectual and developmental
disabilities. SORB and DDS executed a DULA on August 12, 2024. This agreement allows
DDS to request and receive information on registered sex offenders. SORB uses information
from this data share to identify discrepancies in sex offender addresses and identify any
offenders who may be in violation.
B. Plans to establish formal data-sharing agreements with other executive branch agencies.
1) The Department of Mental Health (DMH)
DMH operates facilities across the Commonwealth and provides services to those who qualify
for their services due to severe and persistent mental illness. DMH has access to L1 sex offender
information pursuant to G.L. c. 6, §178K(2)(a). In 2024, SORB began conversations with DMH
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about entering into a DULA to facilitate the sharing of information between our agencies, though
SORB and DMH have always worked closely regarding offenders living in DMH facilities.
2) The Department of Elementary and Secondary Education (DESE)
Through its Office of Professional Practices Investigations unit, DESE investigates allegations of
educator misconduct. In 2024, SORB began conversations with DESE about entering into a
DULA to facilitate the sharing of information between our agencies.
3) Outreach to other Executive Branch Agencies
In 2024, SORB contacted MassHealth, Executive Office of Veteran’s Services, and Department
of Unemployment Assistance to assess each agencies’ interest in data sharing agreements. These
agencies declined to enter into a data sharing agreement.
In 2025, SORB plans to conduct outreach to other state agencies who either may benefit from
more streamlined access to SORB’s data, or who may possess their own data that could assist
SORB in locating offenders currently in violation.
C. Detailed plans to improve overall data collection and registry maintenance to enhance public
safety.
1) State data collection and registry maintenance
As SORB is not a law enforcement entity and has no powers of arrest or direct supervision of sex
offenders, the agency relies upon law enforcement partners to verify compliance and accuracy of
information within the SORB database. A comprehensive plan to improve overall data
collection and registry maintenance to enhance public safety must include law enforcement. A
central tenet of that strategy is a focus on investing in and continually improving SORB’s
relationships with law enforcement. A strong relationship between SORB and law enforcement
is the most effective way to ensure registration compliance and a thorough investigation of
offenders in violation.
To accomplish this, SORB conducts monthly trainings with law enforcement agencies pertinent
to ensuring compliance with registration and providing the most up to date and accurate address
information. In 2024, SORB hosted numerous trainings. As listed below, seventeen trainings
were conducted in 2024:
   •   January 2024: 1 virtual training with 14 law enforcement partners representing 5
       jurisdictions;
   •   January and February 2024: 2 in-person trainings for the MSP new recruit class regarding
       registration basics and risk factors for reoffense;
   •   February 2024, 1 virtual training with 16 law enforcement partners representing 13
       jurisdictions;
   •   March 2024: 1 virtual training with 18 law enforcement partners representing 14
       jurisdictions;
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   •   April 2024: 1 in-person and 2 virtual trainings with 12 law enforcement partners
       representing 9 jurisdictions;
   •   May 2024: 1 virtual training with 16 law enforcement partners representing 12
       jurisdictions;
   •   June 2024: 1 in-person and 2 virtual trainings with 23 law enforcement partners
       representing 11 jurisdictions;
   •   August 2024: 1 virtual training with 18 law enforcement partners representing 14
       jurisdictions;
   •   September 2024: 1 virtual training with 18 law enforcement partners representing 14
       jurisdictions;
   •   October 2024: 1 virtual training with 16 law enforcement partners representing 14
       jurisdictions;
   •   November 2024: 1 virtual training with 8 law enforcement partners representing 7
       jurisdictions; and
   •   December 2024: 1 virtual training scheduled
SORB routinely works with municipal police departments to share updated information
stemming from law enforcement activities within respective jurisdictions. In 2023, SORB
started a new training program aimed at equipping any police officer encountering an offender in
the community with a basic understanding of registration requirements, as well as what
information might raise concerns about risk to reoffend. This training has been offered to the
last several MSP new recruit classes, as well as at several MPTC locations. SORB plans to have
offered this training at every MPTC location by the end of 2025, SORB also works
collaboratively with other state law enforcement and criminal justice agencies including the
Department of Correction, the Parole Board, the Department of Probation and every Sheriff’s
Department. In 2024, SORB and the Department of Correction developed and implemented a
direct data feed between the agencies’ databases so that offender release dates would auto-
populate in SORIS2. SORB receives weekly reports from respective Sheriff’s Departments to
track offender release dates. SORB communicates regularly with the Massachusetts Treatment
Center regarding projected review and trial dates for civilly committed offenders. These
activities ensure SORB has the most up to date information regarding offenders to ensure
accurate and timely classifications prior to their release from custody.
In 2024, SORB partnered with the Massachusetts State Police Fusion Center as another
investigative resource to assist in locating in violation offenders, especially those who have been
in violation for a longer period of time. In conjunction with this partnership, SORB continues to
work closely with the Massachusetts State Police Violent Fugitive Apprehension Section who
targets investigations into and arrests of the riskiest sex offenders in violation of their obligation
to register with SORB.
2) Federal data collection and registry maintenance
SORB interacts with the U.S. Marshal’s Service and the U.S. Immigration and Customs
Enforcement to locate offenders in violation of their registration requirements and enforce
compliance wi