CORI "reform" letter to Governor Deval Patrick

Dear Governor Patrick, 11/21/2009


I’ve heard both you and some members of the Senate claim that sex offenders are not included in the CORI 'reform' bill passed on Wednesday, but they were! What you are not telling the public is that we have a loophole in our law that allows judges in Massachusetts discretion over whether or not an offender has to register, AND the new crimes created under Jessica's law are not listed as crimes offenders must register for. The Senate could have taken up an amendment that would have listed the crimes and closed the Jessica's Law loophole, but they decided that this was "not related" to the crime bill before them. The way it stands now , this technicality will allow a person convicted of aggravated rape of a child with force (new offense under Jessica’s Law) to request that his records be sealed 10 years after he has served his sentence, and the public will not have access to that information. When you were running for Governor and the first two years you were in office you stated that you would not include sex offenders in with CORI reform and you must stand true to your word. Any person convicted of a sex crime under MGL Chapter 6 section 178C should not be allowed to keep their convictions secret regardless of whether or not they have been ordered to register with SORB.

I’m asking that you amend the current CORI reform legislation, support the Jessica’s Law amendment and close the pending loophole that allows people convicted of sex offenses to have their records erased after only ten years. We must take ALL sex crime convictions seriously, not only those that have not received a judge’s blessing. If the two requests above are not possible, I’m asking that you to stop misleading the public by stating that sex offenders will not be included in CORI reform because that statement is untrue.

Laurie Myers
Community VOICES



The loophole exists in MGL chapter 6 section 178E subsection (f) and allows judges discretion over registration with SORB.

(f) In the case of a sex offender who has been 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 has not been sentenced to immediate confinement, the court shall, within 14 days of sentencing, determine whether the circumstances of the offense in conjunction with the offender’s criminal history indicate that the sex offender does not pose a risk of reoffense or a danger to the public. If the court so determines, the court shall relieve such sex offender of the obligation to register under sections 178C to 178P, inclusive. The court may not make such a determination or finding if the sex offender has been determined to be a sexually violent predator; has been convicted of two or more sex offenses defined as sex offenses pursuant to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, 42 U.S.C. section 14071, committed on different occasions; has been convicted of a sex offense involving a child or a sexually violent offense; or if the sex offender is otherwise subject to minimum or lifetime registration requirements as determined by the board pursuant to section 178D

“Jessica’s Law” amendment (#12) http://www.mass.gov/legis/senate/s2210_amendments.htm



S2210 CORI bill passed by the Senate http://www.mass.gov/legis/bills/senate/186/st02pdf/st02210.pdf

893 6. Sex offenses, as defined in section 178C of chapter 6, shall not be eligible for sealing for 10
894 years following their disposition, including termination of supervision, probation or any period
895 of incarceration, or for so long as the offender is under a duty to register in the commonwealth or
896 in any other state where the offender resides or would be under such a duty if residing in the
897 commonwealth, whichever is longer.