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The examiner then issues a written decision and places the offender into one of three classification levels. The sex offender has the right to counsel at this initial classification hearing.
6, § 178C, is required to register under the sex offender registry law on release from custody, if applicable, or on notification of his or her obligation to register. The board's regulations specify a separate procedure for sex offenders seeking downward reclassification. The board introduced only an updated copy of Noe's board of probation record and correspondences to the Boston police indicating that he was seeking reclassification. Noe did not offer new evidence or call any witnesses. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Dolberg, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.
380316), we held that the Sex Offender Registry Board (board) is constitutionally required to prove the initial classification of a convicted sex offender under the sex offender registry law, G.