Right to counsel

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Legislation, Sexually Dangerous Persons - Registration/Notification

Indigent sex offenders seeking judicial review of the sex offender registry board’s final classification and registration requirements are entitled to have court appointed counsel represent them if the offender requests appointment from the court. M.G.L. ch. 6, § 178M. Indigent sex offenders are also entitled to have counsel appointed to represent them in evidentiary hearings before the sex offender registry board if the offender submits to the board documentary evidence pertaining to risk of recidivism, dangerousness to the public, and duty to register, and then petitions the board for a hearing to challenge the offender’s classification and registration duty. Id. § 178L(1)(a) (offenders in custody), (c) (offenders not in custody).

Appointment of Counsel: categorical Qualified: no