Doe v. SORB, 102 N.E.3d 950 (Mass. 2018)
Nature of Case: Plaintiff, person required to register as a sex offender in Massachusetts, sought review of state law related to petitioning the state review board regarding downward classification or termination of duty to register. State law and regulations placed burden of proof on individuals, and established a clear and convincing standard in demonstrating that lower classification or termination of duty to register was warranted.
Holding: Massachusetts Supreme Judicial Court held that placing the burden of proof on the individual in these proceedings violates Procedural Due Process. Burden of proof must remain with government to demonstrate, by clear and convincing evidence, the continued appropriateness of duty to register.