Facts: Plaintiff is indefinitely confined as a “sexually dangerous person” (SDP). While in confinement, the Sex Offender Registry Board (SORB) required the plaintiff to register as a level three sex offender.
Procedural History: The Plaintiff appealed from a judgment by a judge of the Superior court which affirmed a final classification decision by SORB based on the recent rejection of a similar argument made by a sex offender who was serving a prison term. He argued that if the classification process was finalized before his confinement had ended, then at the time that he was released back into society, his SORB classification might be based on stale, materially inaccurate information. He maintained that this would deny him procedural due process. Plaintiff therefore urged the court to postpone the final classification for those held in SDP custody until his release was imminent.
Issue: Whether the Plaintiff should have to register as a level three sex offender if he is indefinitely confined as a SDP?
Yes. Affirmed. The Court held that the fact than an SDP theoretically could be released at any time provides more reason to go forward with the classification of the Plaintiff as a level three sex offender. (MS)
