A. Crowell v. Massachusetts Parole Board – The case is now before the SJC and presents two significant, unresolved issues affecting the interests of current and former CPCS clients who appear before the Parole Board. The SJC’s November 2, 2016, amicus solicitation frames the issues as follows:
(1) “Whether and to what extent the parole board may consider a person’s disability as a factor in determining the person’s suitability for parole; and whether the board has an obligation to reasonably accommodate a parole applicant’s disability in setting the terms and conditions of parole.”
(2) “In a certiorari action under G. L. c. 249, § 4, seeking judicial review of an administrative action, whether an agency may file a motion to dismiss under Mass. R. Civ. P. 12 (b) (6), before filing the administrative record.”
B. Doe Nos. 326573 and 15890 v. SORB, No. SJC-2182 – This case challenges the authority of the sex offender registry board (SORB) to publish on the internet registry information regarding individuals who were given a level two classification prior to the effective date of amendments to G.L. c.6, §178D, requiring SORB to publish on the internet registry information regarding all individuals given a level two classification. Before these amendments were enacted, on July 12, 2013, the statute required that SORB publish on the internet the registry information of sex offenders given a level three classification, but prohibited SORB from publishing the registry information of level two offenders.