John Doe, Sex Offender Registry Board No. 941 vs. Sex Offender Registry Board

This case arose when defendant, a sex offender, was notified by the Sex Offender Registry Board (Board) on July 3, 2008, that he had been recommended for reclassification as a level three sex offender where defendant had been classified as a level two sex offender since 2004. At issue was whether the board had the authority to promulgate a regulation declaring that a sex offender waived the right to a classification hearing by failing to appear at that hearing without good cause. The court held that because the Legislature specified only that the classification hearing was waived where the sex offender did not timely request a hearing, the board lacked the authority to declare the hearing waived where a sex offender requested a hearing and the sex offender's attorney was present at that hearing. View "John Doe, Sex Offender Registry Board No. 941 vs. Sex Offender Registry Board" on Justia Law