Representative Arciero Sex Offender Bill Only One Signature From Law

State Representative James Arciero announced today that the finalized Fiscal Year 2014 Budget, containing the language of his legislation requiring that all information related to Level 2 sex offenders be available online for Massachusetts residents to review in order to determine whether dangerous sex offenders are living or working in their neighborhoods, is only the Governor’s signature away from becoming law.

“I applaud House Speaker Robert DeLeo and Ways and Means Chairman Brian Dempsey for their leadership on this important public safety issue and their willingness to tackle this matter in the budget process.  I look forward to the Governor signing this into law.  Not only will this allow are neighborhoods to be safer, but will allow Massachusetts to access Byrne Grant federal funding for public safety purposes,” said Representative Arciero who has filed legislation to accomplish this change in the last two legislative sessions.   “Failing to change the law threatens nearly $600,000 a year in such funding to the state.” Arciero added.  

Current Massachusetts law requires that only Level 3 sex offender information be available online, while Level 2 information is obtainable at local police stations after filing the necessary paperwork. 

Representative Arciero first became active in this fight in early 2009, shortly after being sworn into office, when he was contacted by dozens of Westford residents regarding a sexual assault that occurred in that town.  Their main concern was the ability of residents to access information about sex offenders living in their community.  It had been discovered that a certain individual, originally from Westford, had moved to Florida where he was charged and convicted of a sexual offense crime.  The offender later moved back to Westford.  Following the alleged Westford assault, it was learned that his sex crime information was available on-line from the state of Florida, but that similar information was not available from the Massachusetts system.  In order to deal with the issue and the citizen’s concerns, a public forum was organized in which these topics were discussed.   One result of the forum was the decision to file legislation to change Massachusetts law to allow for the placing of Level 2 sex offender’s information on-line. 

By state law, the Massachusetts Sex Offender Registry Board is the agency charged with determining the danger level associated with a sex offender’s crime and their proclivity to re-offend. They rank offenders on three different levels:  Level 1 offenders are deemed to have a low risk of re-offending.   Information of Level 1 sex offenders is not available to the general public, only to the police, several state agencies and the FBI.  Level 2 offenders have a moderate risk of re-offense.  Their crimes are considered a danger to the public, but due to their moderate risk of re-offense, their information is only available to the public at local police departments.  Level 3 status is for those criminals whose crimes pose the greatest risk to the public safety and are highly likely to re-offend.  Their information is available on-line to all interested individuals.  Those individuals designated as Level 2 offenders have in the past been convicted of heinous crimes such as the rape of a child with force, indecent assault and battery on a child under the age of fourteen years and other crimes against children.

During the 2011-2012 Legislative Session, the Arciero Level 2 Sex Offender Bill was reported out favorably by the Judiciary Committee but failed to be enacted due to the end of formal legislative sessions in July of 2012.  This was the first time that the measure had ever been reported out favorably by the Joint Committee on the Judiciary and the farthest the bill ever advanced in the legislative process.   A bipartisan bill, it was supported by dozens of legislators from both the House and Senate and from members of both the Republican and Democratic parties. 

“This is more great news.  I appreciate Representative Arciero’s continued efforts to protect our communities and make our neighborhoods safer.   The Massachusetts House of Representatives and the State Senate are to be commended on recognizing the dangers posed by sex offenders to the citizens of Massachusetts and the right of law-abiding citizens to know who is living in their vicinity and the potential dangerous of these individuals to individuals and families, and especially to children,” said Laurie Myers, a victim’s rights advocate and founder of Community VOICES has also been working on this issue for many years.  Community VOICES is a citizens group founded in 2004 dedicated to supporting, advocating and representing victims and survivors of crime; with particular emphasis on issues of sexual assault and internet safety. 

“It is clear from recent events and my research that the determination of an individual’s chances of committing additional offenses is hard to ascertain and is subjective at best.  Many of the same crimes are classified in multiple categories.  I believe it is in the best interest of our residents that there should be transparency of these crimes.  They should have the right to see all the information that is available in order to make their own determinations regarding what steps they should take to keep themselves, their families and their neighborhoods safe.  I urge Governor Patrick to approve this change,” concluded Arciero.   

The Fiscal Year 2014 Budget now goes to Governor Deval Patrick for his consideration.   The Governor has not indicated whether he would approve this provision, but has sponsored his own legislation to place sex offender information on-line.