Massachusetts Supreme Court Rules Against Lifetime Parole for Sex Crimes

October 11, 2012

In July 2012, the Massachusetts Supreme Judicial Court decided a case addressing whether lifetime parole is mandatory for those convicted of failing to register as a sex offender when required to do so under the state's laws. In Massachusetts, lifetime parole means the individual will be under supervision by parole officers for life. The case may affect people convicted of sex crimes in Massachusetts as well as some of the other consequences of sex crime convictions in the state.

Parole Not Mandatory

In 1985, the defendant in the case was convicted of rape, abuse of a child, and indecent assault and battery on a child under the age of 14. He received a prison sentence and was required to register with the Sex Offender Registry Board as a Level 3 sex offender as part of his punishment. Massachusetts law makes it a criminal offense to knowingly fail to register or provide false information when registering as a sex offender. The law also states that Level 2 or 3 sex offenders "shall be subject to" Community Parole Supervision for Life, often called Lifetime Community Parole.

The defendant did not follow his obligation to register and later pled guilty to charges for failing to register. The defendant and the state reached a plea agreement wherein he would serve one year in jail.

However, the sentencing judge also imposed Community Parole Supervision for Life on the defendant in addition to the one-year prison sentence, stating that it was his understanding that the law made CPSL mandatory for Level 2 and 3 offenders convicted of failing to register.

The defendant appealed the sentence all the way to the state's highest court. The SJC agreed with the defendant that imposing CPSL is within the judge's discretion but not required, noting that in other areas of the statue where the legislature intended a mandatory penalty, it used the language "shall...be punished" rather than the words "subject to." The SJC remanded the case to the lower court for resentencing.

Impact of the Decision

The court's decision could have a broad impact on many people convicted of sex offenses. Experts note that many judges across the state had the mistaken belief that CPSL was mandatory for those convicted of failure to register. Many people who currently are sentenced to CPSL may have received the punishment in error. Going forward, the SJC's clarification of the law will prevent some from having to go through the rest of their lives under the watch of state authorities.

Consequences of Sex Crimes Convictions in Massachusetts

Registering with the SORB may not seem like an onerous punishment. However, it is just one of many repercussions that come with a sex offense conviction. The collateral damage that being convicted of a sex offense can do to a person's life can be enormous. Sex offense convictions limit the areas where people can live, as sex offenders are not allowed to go within certain distances of schools or parks. Sex crime convictions also limit the types of jobs a person may hold.

Massachusetts laws treat those convicted of sex crimes harshly. The penalties are severe and such convictions can impact a person's life forever. If you are facing sex offense charges, consult an adept criminal defense attorney who can help defend your rights.

Article provided by Law Office of Susan M. Costa, PC
Visit us at http://www.bostonmacriminaldefenselawyer.com