RELATIVE TO SEX OFFENDERS.

Paragraph (b) of subsection (2) of section 178K of chapter 6 of the General Laws, as most recently amended by section 20 of chapter 77 of the acts of 2003, is hereby further amended by inserting after the first sentence the following 2 sentences:-- If an offender designated as a level 2 offender was convicted of a sex offense involving a child, such offender shall be given a level 2(a) designation and shall be subject to the level 3 community notification plan and treated as a level 3 offender. If an offender designated as a level 2 offender committed any offense other than a sex offense involving a child, such offender shall be given a level 2(b) designation and shall be subject to the requirements of a level 2 offender.

SECTION 2. Said chapter 6 is hereby amended by adding the following section:--

Section 178R. (a) No sex offender designated as a level 2 or level 3 offender convicted of a sex offense involving a child shall establish a home address or intended home address or any other living accommodation within 1000 feet of the property on which any public or private school, licensed day care center, or any other child care facility is located. Nor shall any level 2 or level 3 sex offender establish a home address or intended home address or any other living accommodation within 1000 feet of the property on which the offender’s former victim or victims, or said victim’s immediate family members reside, nor shall such offender come within 100 feet of any of the offender’s former victims. Violations of this paragraph shall be punished in accordance with a violation of the conditions of probation or parole.

(b) No sex offender designated as a level 2 or level 3 offender convicted of a sex offense involving a child shall accept employment within 1000 feet of the property on which any public or private school, licensed day care center or any other child care facility is located. No sex offender designated as a level 2 or level 3 offender shall accept employment within 1000 feet of the property on which the offender’s former victim or victims, or the victim’s immediate family members reside. Violations of the provisions of this paragraph shall be punished in accordance with a violation of the conditions of probation or parole.

(c) No sex offender designated as a level 2 or level 3 offender convicted of a sex offense involving a child shall establish living conditions within, be placed in, or be transferred to any state-owned, operated or funded housing or any facility contracted with the state within 1 ½ miles of the property on which any public or private school, licensed day care center, or any other child care facility is located, or any residence occupied by at least 1 minor.

SECTION 3. Section 100A of chapter 276 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after the word "court", in line 69, the following words:- a victim of a sex offense, as defined in section 178C of chapter 6, who was a juvenile at the time of the offense committed by an offender who was an adult at such time.

SECTION 4. There is hereby established a special commission to consist of the following individuals and organizations: the secretary of health and human services or his designee, the commissioner of mental health or his designee, the attorney general or his designee, the commissioner of public safety or his designee, the commissioner of the department of correction or his designee, the commissioner of the department of social services or his designee, 1 member from the sex offender registry board, 1 member from the Massachusetts district attorneys association, 1 member from the Massachusetts office of victim assistance, 1 member from the Massachusetts parole board, 1 member from the governor’s commission on sexual and domestic violence, 1 member from the Massachusetts Society for Prevention of Cruelty to Children, and 2 members of the public appointed by the governor. The commission shall be chaired by the attorney general.

The commission shall conduct a review of the existing sex offender registry and the current state of identification of sex offenders. The review shall include, but not be limited to, a financial review of the sex offender registry board, the ability and value of using technology to track sex offenders including, but not limited to, global positioning systems, the resources available at the board, the number of cases pending before the board, the turnover of cases at the board, the average time to classify sex offenders, the number of unclassified sex offenders, a review of the board guidelines given to police departments and the communication system between the board and state and local police departments and current training of local and state police relative to current sex offender registry guidelines and policies.

The commission shall convene on or before October 1, 2004 and shall file a report not later than December 1, 2004 with the governor, the offices of the clerk of the senate and the house of representatives, and the joint committee on criminal justice. The report shall include, but not be limited to, recommendations for establishing, implementing and improving training programs and services and proposing appropriate statutory and regulatory changes for the purpose of reducing the number of crimes by initial and repeat sex offenders, including proposed language to implement lifetime parole for sex offenders. The commission shall make a formal request to the secretary of health and human services that said secretary shall compile and maintain a list of state-owned, operated, or funded housing or any facility contracted with the state, including the housing and facilities addresses, the residents of which include 1 or more level 2 or level 3 sex offenders, as defined in section 178C of chapter 6. This list shall be made available to the public along with the additional findings of the commission.