[HISTORY: Adopted by the Town Meeting of the Town of Mansfield 5-19-2015 ATM by Art. 21. Amendments noted where applicable.]
A.
The purpose and intent of this bylaw is in keeping with the understanding
that sex offenders classified as Level 2 or 3 pose a moderate to high
risk of reoffense. By imposing guidelines to potential residents and
sex offenders, it promotes transparency throughout the community and
acknowledges that those who are at highest risk are children, the
elderly, and the disabled.
B.
The goal is to mitigate any potential risk of harm to those who may
be the most likely to be victimized by deterring the movement of those
who present the greatest risk to the locations of potential victims.
C.
The Massachusetts sex offender registry law was first enacted in
1996. After a series of five cases at the Supreme Judicial Court level
[Doe v. Attorney General(s), 1997, 1997, 1997, 1998, 1999], it was
determined by the State Legislature that the law should be amended
to reflect the rulings. In 1999, the Massachusetts State Legislature
amended the state's sex offender registry to reflect the due process
issues presented in the preceding five cases and create the process
that we find today being utilized. This process has emerged unchanged
over the preceding decade despite numerous legal challenges due to
the changes made in 1999.
D.
This bylaw is presented with the careful consideration given to the
important and difficult process of classification of sex offenders.
The process is found under MGL c. 6, § 178, as well
as 803 CMR 1.00. The procedural system that is currently in place
is the result of numerous legal challenges and legislative amendments.
It includes a five-step process to satisfy due process checks and
balances. The process of registration is one that begins with a written
preregistration, then includes a board-recommended classification
which the offender may accept or on which the offender may request
a full administrative hearing, and ultimately a right to appeal said
hearing result to the Superior Court for judicial review. It is with
these numerous safeguards and due process opportunities in place that
this bylaw is presented for consideration.
This bylaw shall incorporate by reference the definitions set
forth in MGL c. 6, § 178, as well as 803 CMR 1.03 where
applicable.
Any area designated by a private/public youth camp as a camp
bus stop which has been designated in a list maintained by the Town
and available to the public.
An establishment, whether public or private, which provides
care for children and is registered with and licensed pursuant to
the laws of the Commonwealth of Massachusetts by the Department of
Early Education and Care.
A person or persons over 60 years of age. "Elderly housing
facility" or "senior citizens center" or "over 55 community" means
any building or buildings which provide a group residence for the
elderly or a location where the elderly gather and/or reside that
is located within the Town of Mansfield.
To set up or bring into being a dwelling place or an abode
where a person sleeps, which may include more than one location, and
may be mobile or transitory, or by means of purchasing real property
or entering into a lease or rental agreement for real property.
To remain for more than 15 minutes within a five-hundred-foot
distance of the location in question.
Active and passive public land designated for recreational
or athletic use by the Town of Mansfield and located within the Town
of Mansfield.
A place where a person lives, abides, lodges, or resides
for five or more consecutive days or 14 or more days in the aggregate
during any calendar year.
A playground, a forest preserve, conservation area, jogging
trail or running track, hiking or biking trail, beach, water park,
swimming pool, wading pool, soccer field, baseball field, football
field, basketball court or hockey rink, whether publicly or privately
owned, to which the public has a right of access as an invitee and
which is located within the Town of Mansfield.
Any public or private educational facility that provides
services to children, including but not limited to, preschools, grades
kindergarten through 12, or any one or more of such grades.
Any area designated by the public school district or by a
private or parochial school within the Town of Mansfield as a school
bus stop, which school bus stop has been designated in a list maintained
by the Town and available to the public.
Shall have the same meaning for purposes of this bylaw as
provided for in MGL c. 6, § 178C.
Shall have the same meaning for purposes of this bylaw as
provided for in MGL c. 6, § 178C.
A place where a person lives, abides, lodges or resides for
a period of less than five consecutive days or 14 days in the aggregate
during any calendar year.
It is unlawful for any sex offender who has been finally classified
as a Level 2 or 3 offender pursuant to the guidelines of the Sex Offender
Registry Board, for as long as so classified, to establish a permanent
residence or temporary residence in the Town of Mansfield within 1,000
feet of the property on which any public or private school, park,
playground, beach, biking/hiking trail, other recreational facility,
elderly housing facility, over 55 community, senior citizens center,
or licensed day-care center is located.
For purposes of determining the minimum distance requirement,
the separation shall be measured by following a straight line from
the outer property line of the permanent residence to the nearest
outer property line of any public or private school, park, playground,
beach, biking/hiking trail, other recreational facility, elderly housing
facility, over 55 community, senior citizens center, or licensed day-care
center.
Any sex offender who has been finally classified as a Level
2 or 3 offender pursuant to the guidelines of the Sex Offender Registry
Board, for as long as so classified, who establishes a permanent residence
or temporary residence in the Town of Mansfield within 1,000 feet
of any public or private school, park, playground, beach, biking/hiking
trail, other recreational facility, elderly housing facility, over
55 community, senior citizens center, or licensed day-care center
shall be in violation of this bylaw and shall, within 30 days of receipt
of written notice of the sex offender's noncompliance with this
bylaw, move from said location to a new location, but said location
may not be within 1,000 feet of any public or private school, park,
playground, beach, biking/hiking trail, other recreational facility,
elderly housing facility, over 55 community, senior citizens center,
or licensed day-care center within the Town of Mansfield. Furthermore,
it shall be a separate violation each day that a sex offender does
not move after the expiration of the time given or if the sex offender
should move from one location in the Town of Mansfield to another
that is within 1,000 feet of any public or private school, park, playground,
beach, biking/hiking trail, other recreational facility, elderly housing
facility, over 55 community, senior citizens center, or licensed day-care
center.
A person residing within 1,000 feet of any public or private
school, park, playground, beach, biking/hiking trail, other recreational
facility, elderly housing facility, over 55 community, senior citizens
center, or licensed day-care center does not commit a violation of
this bylaw if any of the following apply:
A.
The person established the permanent residence and reported and registered
the residence, as required by the Sex Offender Registry Law and any
applicable regulations of the Massachusetts Sex Offender Registry
Board, prior to the effective date of this bylaw, and:
(1)
Permanent residence was established by purchasing the real property
where the residence is established, as long as the registered sex
offender continues to reside in and does not move to another restricted
location in Mansfield different from the permanent residence established
prior to the effective date of this bylaw;
(2)
Permanent residence was established through a valid, fixed-term,
written and/or oral lease or rental agreement, executed prior to the
effective date of this bylaw, as long as the registered sex offender
continues to reside within and does not move to another restricted
location in Mansfield different from the permanent residence established
prior to the effective date of this bylaw; or
(3)
Permanent residence was established through a written and/or oral
lease or rental agreement at the will of the landlord, as long as
the registered sex offender continues to reside within and does not
move to another restricted location in Mansfield different from the
permanent residence established prior to the effective date of this
bylaw.
B.
The person was a minor when the relevant crime was committed and
was not convicted as an adult.
C.
The person is a minor.
D.
The public or private school, park, playground, beach, biking/hiking
trail, other recreational facility, elderly housing facility, over
55 community, senior citizens center, or licensed day-care center
was established after such person established the permanent residence
and reported and registered the residence pursuant to the Sex Offender
Registry Law and any applicable regulations of the Massachusetts Sex
Offender Registry Board.
E.
The person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility located within
the aforementioned one-thousand-foot area.
F.
The person is admitted to and/or subject to an order of commitment
at a public or private facility for the care and treatment of mentally
ill persons pursuant to MGL c. 123 located within the aforementioned
one-thousand-foot area.
G.
The person is a mentally ill person subject to guardianship pursuant
to order or supervision of the Probate and Family Court or a mentally
retarded person subject to guardianship pursuant to state law, residing
with their guardian or residing within a group residence that is professionally
staffed and supervised 24 hours a day and located within the aforementioned
one-thousand-foot area.
If, either after the effective date of this bylaw or after a
new public or private school, park, playground, beach, biking/hiking
trail, other recreational facility, elderly housing facility, over
55 community, senior citizens center, or licensed day-care center
opens, an indictment or conviction of another sex offense is issued
by a court against a Level 2 or 3 sex offender otherwise enjoying
an exception under this bylaw, they shall immediately forfeit that
exception and be required to comply with this bylaw.
A.
Criminal complaint. Violation of the residency provisions of this
bylaw may be enforced by criminal complaint filed by any police officer
of the Town of Mansfield. Each day a violation exists shall constitute
a separate violation. The fine for each violation, upon conviction,
shall be $300.
B.
Noncriminal disposition. In addition to enforcement by criminal complaint,
violation of the residency provisions of this bylaw may be enforced
through any lawful means in law or in equity by any police officer
of the Town of Mansfield, including, but not limited to, enforcement
by noncriminal disposition pursuant to MGL c. 40, § 21D.
Each day a violation exists shall constitute a separate violation.
The penalties for noncriminal disposition shall be as follows:
(1)
First offense: notification to offender that they have 30 days to
move.
(2)
Subsequent offense: noncriminal fine of $300, enforceable by a police
officer, and written notification to the property owner, if other
than the offender, the offender's landlord, parole officer and/or
probation officer, and the Commonwealth's Sex Offender Registry
Board that the sex offender has violated a Town bylaw. Additionally,
any other penalties may apply as the law permits.
A.
Prohibitions.
(1)
A sex offender who has been finally classified as a Level 2 or 3
offender pursuant to the guidelines of the Sex Offender Registry Board,
and for as long as so classified, is prohibited from entering upon
the premises of a school or day-care center unless previously authorized
specifically in writing by the school administration or day-care center
owner.
(2)
A sex offender who has been finally classified as a Level 2 or 3
offender pursuant to the guidelines of the Sex Offender Registry Board,
and for as long as so classified, is prohibited from entering upon
the premises of an elderly housing facility, over 55 community or
senior citizens center, unless previously authorized in writing by
the on-site manager of the elderly housing facility, over 55 community
or senior citizens center.
(3)
A sex offender who has been finally classified as a Level 2 or 3
offender pursuant to the guidelines of the Sex Offender Registry Board,
and for as long as so classified, is prohibited from entering upon
the premises of a park or any recreational facility.
(4)
A sex offender who has been finally classified as a Level 2 or 3
offender pursuant to the guidelines of the Sex Offender Registry Board,
and for as long as so classified, after having received notice from
the Mansfield Police Department that they are loitering by having
remained for more than 15 minutes within 500 feet of a public or private
school, park, playground, beach, biking/hiking trail, other recreational
facility, elderly housing facility, over 55 community, senior citizens
center, or licensed day-care center, is prohibited from continuing
to so loiter. For purposes of determining the minimum distance separation
under this section, the distance shall be measured by following a
straight line from the registered sex offender to the outer property
line of the public or private school, park, playground, beach, biking/hiking
trail, other recreational facility, elderly housing facility, over
55 community, senior citizens center, or licensed day-care center.
(5)
A sex offender who has been finally classified as a Level 2 or 3
offender pursuant to the guidelines of the Sex Offender Registry Board,
and for as long as so classified, after having received notice from
the Mansfield Police Department that they are loitering by having
remained for more than 15 minutes within 500 feet of a school and/or
camp bus stop which has been designated in a list maintained by the
Town and available to the public, is prohibited from continuing to
so loiter; provided, however, that this prohibition shall not apply
on days when the schools and/or camps within the Town of Mansfield
are not in session.
B.
Exceptions.
(1)
The prohibitions defined in this bylaw shall not be construed or
enforced so as to prohibit a sex offender from exercising their right
to vote in any federal, state or municipal election, conducting Town
and/or police business or from attending any religious service.
(2)
The prohibitions defined in this bylaw do not apply to a sex offender's
place of residence when such residence is exempted under this bylaw.
C.
Penalties.
(1)
Criminal complaint. Violation of the safety zone provisions of this
bylaw may be enforced by criminal complaint filed by any police officer
of the Town of Mansfield. Each day a violation exists shall constitute
a separate violation. The fine for each violation, upon conviction,
shall be $300.
(2)
Noncriminal disposition. In addition to enforcement by criminal complaint,
violation of the safety zone provisions of this bylaw may be enforced
through any lawful means in law or in equity by any police officer
of the Town of Mansfield, including, but not limited to, enforcement
by noncriminal disposition pursuant to MGL c. 40, § 21D.
Each day a violation exists shall constitute a separate violation.
The penalties for noncriminal disposition shall be as follows:
(a)
First offense: noncriminal fine of $150, enforceable by an Mansfield
police officer.
(b)
Subsequent offense: noncriminal fine of $300, enforceable by
a Mansfield police officer, and written notification to the offender's
parole officer and/or probation officer, and the Commonwealth's
Sex Offender Registry Board that the sex offender has violated a Town
bylaw.
One or more maps depicting the prohibited residency restriction
areas defined by this bylaw and depicting the safety zone areas defined
by this bylaw shall be created by the Town and maintained by the Mansfield
Police Department. A written list describing the prohibited areas
defined by this bylaw, including school and/or camp bus stops, shall
be created by the Town and maintained by the Mansfield Police Department.
As to school and/or camps bus stops, the list shall govern over the
maps. The list, maps and a copy of this bylaw shall be available to
the public at the Mansfield Police Department, the Mansfield Town
Clerk's office and on the Town of Mansfield website. The Town
shall review the list and maps annually for changes.
If any portion of this bylaw is deemed by a court of competent
jurisdiction to be unconstitutional or otherwise invalid or unenforceable,
such judgment shall not impair or invalidate or render unenforceable
the remaining portions of this bylaw.