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Appeals court hears challenge to SORB’s use of repetitive/compulsive factor in risk and dangerousness assessments

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Summary

Appeals Court argument focused on whether the Sex Offender Registry Board may treat repeated conduct as a separate indicator of dangerousness or whether that practice improperly doubles up on factors already covered in classification rules.

The Appeals Court heard argument in an appeal challenging how the Sex Offender Registry Board applies Factor 2 (repetitive/compulsive behavior) and whether that factor may be used to elevate a registrant’s dangerousness.

Appellant counsel argued that a Middlesex Superior Court decision (Judge Wilkins) has held there is no peer-reviewed evidence that multiple incidents of misconduct predict dangerousness or reoffending unless the offender was…

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