8-5-2011 Massachusetts:John DOE v Police Comm. of Boston & others.
(460 Mass. 342 (2011)
The plaintiff is a level three sex offender currently residing in a rest home. Pursuant to a statute enacted by the Legislature in 2006, a level three sex offender who “establish[es] living conditions within, move[s] to, or transfer[s] to” a long-term care facility such as a rest home commits a crime. See G.L. c. 6, § 178K (2) (e ), inserted by St.2006, c. 303, § 6 (§ 178K [2] [e ], or the statute).
The plaintiff asks this court to declare § 178K (2) (e ) unconstitutional as applied to him. We conclude that the statute infringes on the plaintiff's protected liberty and property interests and violates his right to due process; because the statute fails to provide for an individualized determination that the public safety benefits of requiring him to leave the rest home outweigh the risks to the plaintiff of such a removal, the statute is unconstitutional as applied to the plaintiff.
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