Elroy E. v. Commonwealth

942 N.E.2d 953, 459 Mass. 1, 2011 Mass. LEXIS 31
CourtMassachusetts Supreme Judicial Court
DecidedFebruary 24, 2011
StatusPublished
Cited by2 cases

This text of 942 N.E.2d 953 (Elroy E. v. Commonwealth) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elroy E. v. Commonwealth, 942 N.E.2d 953, 459 Mass. 1, 2011 Mass. LEXIS 31 (Mass. 2011).

Opinion

Ireland, C.J.

At issue is the validity of a section of the Sex Offender Registration and Community Notification Act, G. L. c. 6, §§ 178C-178P (act), namely § 178E (/) (see note 4, infra), which, in general terms, grants a sentencing judge discretion to relieve certain sex offenders of the obligation to register as a sex offender with the sex offender registry board (board). In this case, the juvenile unsuccessfully sought relief from the registration requirement, challenging § 178E (f) on equal protection grounds. He sought relief in the county court by filing a petition pursuant to G. L. c. 211, § 3, and a single justice reserved and reported the case. We reject his challenge and direct the single justice to affirm the order denying him relief from the registration requirement.

1. Background. On January 24, 1994, after a jury-waived trial in the Worcester Division of the Juvenile Court Department, the then fifteen year old juvenile was adjudicated delinquent by reason of indecent assault and battery on an individual over the age of fourteen, in violation of G. L. c. 265, § 13H.1 The act had not been passed and the board had not been statutorily created until August 5, 1996. St. 1996, c. 239, § 1 (establishing act). The original version of the act defined a “sex offender” as including an individual who was adjudicated delinquent of a sex offense as a juvenile on or after August 1, 1981, see id., such as the juvenile, and imposed a registration requirement on those offenders, see G. L. c. 6, § 178E (h), inserted by St. 1996, c. 239, § 1 (“any sex offender residing in the [C]ommonwealth shall, on or before [October 1, 1996], register in person at the police department in the city or town where he resides”), including on the juvenile. In 1999, the act was rewrit[3]*3ten and established, in addition to a registration requirement2 and other provisions, a section affording certain sex offenders judicial relief from the registration requirement. See St. 1999, c. 74, § 2 (amending G. L. c. 6, §§ 178C-178P,3 by “striking out” those sections and replacing them with new provisions). Specifically, St. 1999, c. 74, § 2, created G. L. c. 6, § 178E (/), which, as relevant here, grants a sentencing judge the discretion to “relieve” the registration requirement for an individual convicted of a sex offense or adjudicated as a youthful offender or as a delinquent juvenile by reason of a sex offense, on or after December 12, 1999, and who was not sentenced to immediate confinement (§ 178E ¡f¡ or relief provision).4

On June 9, 2005, the board first classified the juvenile as a level one sex offender. Later, in August, 2009, the board notified the juvenile of its intention to reevaluate his classification level. On October 2, 2009, the juvenile was charged in the Marlborough Division of the District Court Department with two [4]*4counts of failing to register as a sex offender. On October 8, 2009, the board notified the juvenile of its recommendation that he be reclassified as a level two sex offender and notified him of his right to request a hearing on the matter.5

In December, 2009, the juvenile filed a motion pursuant to § 178E (/) in the Worcester Division of the Juvenile Court Department to be relieved, by the Juvenile Court judge who had adjudicated him delinquent and had sentenced him, from the registration requirement. In his motion, the juvenile pointed out that he had been adjudicated delinquent in 1994, and was discharged from probation on June 11, 1996,6 all of which took place before the act was passed into law and well before § 178E (/) was established in 1999. He made the argument (among others) that the provision in § 178E (/), that grants a relief hearing by a sentencing judge only to those juveniles whose sex offense adjudications were committed on or after December 12, 1999, violates his Federal and State equal protection guarantees. Consequently, he requested that his registration obligation be “waived immediately.” In a written memorandum of decision and order, the Juvenile Court judge (who had adjudicated the juvenile delinquent and had sentenced him on January 24, 1994) rejected the juvenile’s constitutional claim and denied his request for relief.7 As has been stated, the juvenile sought relief from the judge’s order by filing a petition pursuant to G. L. c. 211, § 3, in the county court. See Commonwealth v. Ronald R., 450 Mass. 262, 266-267 (2007). The single justice reserved and reported the case without decision.

2. Discussion. The juvenile maintains that the statutory denial of a judicial relief hearing pursuant to § 178E (/) for him, solely because he was adjudicated delinquent prior to December [5]*512, 1999, violates the equal protection guarantees provided by the Fourteenth Amendment to the United States Constitution and art. 1 of the Massachusetts Declaration of Rights, as amended by art. 106 of the Amendments.8 He asserts that § 178E (f) confers a benefit, namely, a relief hearing before a judge, on one class of people (sex offenders whose convictions or adjudications took place on or after December 12, 1999), while denying that same benefit to another class of individuals (sex offenders whose convictions or adjudications predate December 12, 1999), based on an arbitrary date (December 12, 1999) that has no relation to the purpose of the act to protect the public from sex offenders. See Commonwealth v. Ronald R., supra at 264 (purpose of act is to protect public from danger of recidivism posed by sex offenders).

The juvenile bears a heavy burden in challenging the constitutionality of § 178E (f) on equal protection grounds. See Rushworth v. Registrar of Motor Vehicles, 413 Mass. 265, 271 (1992). He concedes, as he must, that the statute does not burden a fundamental right or impact a suspect class. Therefore, the classification created by § 178E (f) will be upheld if it is “rationally related to a legitimate State purpose.” Rushworth v. Registrar of Motor Vehicles, supra at 271-272, quoting Hallett v. Wrentham, 398 Mass. 550, 557 (1986). There is no doubt that this standard is met.

The juvenile correctly asserts that, given his date of adjudication, under § 178E (f) he is not entitled to review and determination by the Juvenile Court judge who sentenced him of whether he may obtain relief from the registration requirement. He overlooks, however, that under the act, he was afforded the same review and determination (of whether he may be relieved from the registration requirement) from the board. Under the act, individuals such as the juvenile, whose sex offense convictions or adjudications occurred prior to December 12, 1999, have (or had in the juvenile’s case) the option of seeking relief from the registration requirement from the board pursuant to G. L. c. 6, § 178L (1) (c), with judicial review of the board’s decision.

[6]*6Specifically, under § 178L (1) (c), “[i]n the case of any sex offender not in custody, upon receiving registration data . . . the board shall promptly notify the sex offender of his right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public and his duty to register, if any ....

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Bluebook (online)
942 N.E.2d 953, 459 Mass. 1, 2011 Mass. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elroy-e-v-commonwealth-mass-2011.