Sex Offender Registry Board (SORB)
September 26, 2017 · Sex Offender Registry Board · Read the full official report (PDF) ↗
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“Below is a summary of our findings and recommendations, with links to each page listed.”
Read the plain-English breakdown
This is a Massachusetts State Auditor performance audit of the Sex Offender Registry Board covering July 1, 2015 through June 30, 2016, with some review extended through August 31, 2016 because of a court ruling.
“I am pleased to provide this performance audit of the Sex Offender Registry Board.”
The audit checked whether SORB handled legal and operational changes properly, shared sex offender information with law enforcement, and identified offenders who may not have been following registration rules.
“This performance audit was initiated to determine whether SORB (1) effectively managed the procedural and operational changes regarding the classification and the remanding of convicted sex offenders for evidentiary hearings required by SJC; (2) promptly transmitted sex offender information to the Federal Bureau of Investigation and police departments in the communities where sex offenders intended to work, live, or attend institutions of higher education; and (3) identified sex offenders who might be in violation of their responsibility to register with SORB or whose addresses could not be verified.”
SORB’s work affects public safety because classification determines what information about sex offenders can be shared with the public and police.
“SORB’s classification of a sex offender determines whether and how the offender’s information may be released to the public.”
For ordinary residents, the issue is whether information about certain sex offenders in their communities is available when the law says it should be.
“Without a formal classification, information about these offenders, such as their names, home and work addresses, photographs (if available), registration statuses, and offenses, is not publicly available to help ensure the safety of the general public, including children.”
The auditor concluded that SORB needed stronger procedures to classify offenders on time and to keep address information current.
“SORB did not obtain current addresses for 1,769 sex offenders who were in violation of registration requirements.”
The report recommends that SORB create written procedures, work more closely with correctional facilities, and set up secure data-sharing with other state agencies to improve address tracking.
“SORB should establish written policies and procedures to ensure that it regularly obtains sex offender address information from various executive-branch agencies and updates this information in its database.”
The report is significant because delays and missing address information could limit what police and the public know about offenders who may pose a risk.
“This could affect public safety decisions to protect children and the general public.”
A classification is the risk level assigned to a sex offender: level 1 means low risk, level 2 means moderate risk, and level 3 means high risk.
“The classification levels are level 1 for low risk, level 2 for moderate risk, and level 3 for high risk.”
What the Auditor checked
- Complied Does SORB use the new “clear and convincing evidence” standard in its hearings?
- Did not comply Does SORB maintain public safety in the scheduling of both remanded and current cases by giving priority scheduling to the sex offenders who are most dangerous?
- Complied Has SORB removed from its website the information for sex offenders who are undergoing reclassification or changed the classification to what it was before the remanded hearings?
- Complied Has SORB effectively communicated information to affected victims and local police departments?
- Complied Does SORB receive all of the information required by Section 178E of Chapter 6 of the General Laws from agencies that have custody or supervision of an offender, and does it promptly transmit this information to the Federal Bureau of Investigation and the police departments in communities where the sex offender intends to work, live, or attend school?
- Did not comply Does SORB use Department of Revenue (DOR) and other executive-branch information available to it under Section 178F of Chapter 6 of the General Laws to identify offenders who may be in violation of their responsibility to register or whose addresses cannot be verified?
What the Auditor found
Why it matters: Information about these offenders was not publicly available, reducing the public's ability to make safety decisions.
Standard: Chapter 6, Sections 178K and 178L of the Massachusetts General Laws, and 803 CMR 1.12(1). ( Section 178L of Chapter 6 of the Massachusetts General Laws; Section 178K(3) of Chapter 6 of the Massachusetts General Laws; Section 1.12(1) of Title 803 of the Code of Massachusetts Regulations )
2 recommendations
- Develop and implement policies and procedures to ensure sex offenders have recommended and final classifications.agency: disagreed
- Update information on the 936 sex offenders and assign recommended classifications.agency: agreed
Agency response & Auditor reply
Agency: "OSA asserts that SORB has not classified 936 offenders who are in violation of their obligation to register."
Auditor: "SORB initially asserted that it could not proceed with classifications of these 936 offenders because it believed that the law required it to provide these offenders with actual notice of classification proceedings."
Why it matters: Offender information was not available to the public when appropriate upon release, which could affect decisions to protect children and the general public.
Standard: Section 178E of Chapter 6 of the Massachusetts General Laws. ( Section 178E of Chapter 6 of the General Laws )
2 recommendations
- Prepare written policies and procedures to ensure offenders receive final classifications at least 10 days before release.
- Work more closely with houses of correction to get accurate offender release dates.
Agency response & Auditor reply
Agency: "OSA determined that SORB did not issue final classifications for 63 incarcerated first-time sex offenders at least 10 days before their earliest release date."
Auditor: "Although SORB contends that the actual number of individuals who were not properly classified at least 10 days before their earliest release date is 43, the information that it provided to us indicated that 63 did not have final classifications at least 10 days before their earliest possible release dates and that many remained unclassified for extended periods beyond their release dates."
Why it matters: SORB could not ensure that local law enforcement and the public had current information about offenders' whereabouts and offenses, creating a public safety risk.
Standard: 803 CMR 1.26(5) and Section 178F of Chapter 6 of the Massachusetts General Laws. ( 803 CMR 1.26(5); Section 178F of Chapter 6 of the General Laws )
4 recommendations
- Establish written policies and procedures to regularly obtain sex offender address information from executive-branch agencies and update the database.agency: agreed
- Work with DTA to agree on a secure method of data transmission for updated sex offender addresses.agency: already implemented
- Establish a secure data exchange to receive updated addresses from DOR.agency: already implemented
- Consider developing additional interdepartmental service agreements with other executive-branch agencies for address data exchanges.agency: agreed
Agency response & Auditor reply
Agency: "OSA determined that SORB did not ensure that it had current addresses for 1,769 sex offenders who were required to register."
Auditor: "Contrary to what SORB asserts in its response, our conclusion on this matter is supported fully by the information we obtained and analyzed during our audit, information that we believe is accurate."
More audits of this entity
Other Office of the State Auditor reports on Sex Offender Registry Board .
- Audit of the Sex Offender Registry Board (October 25, 2023)Authority / Commission · October 25, 2023
- The Examination Of Information Technology Controls At The Sex Offender Registry BoardAuthority / Commission · FEBRUARY 15, 2011