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DOE v. POLICE COMMISSIONER OF BOSTON

SJC-10916.

460 Mass. 342 (2011)

JOHN DOE v. POLICE COMMISSIONER OF BOSTON & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 5, 2011.

Attorney(s) appearing for the Case

Ryan M. Schiff, Committee for Public Counsel Services (Beth L. Eisenberg, Committee for Public Counsel Services, with him) for the plaintiff.

Julie B. Goldman, Assistant Attorney General (Beatriz E. Van Meek & Nicole I. Taub with her) for the defendants.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, & DUFFLY, JJ.

DUFFLY, J.

The plaintiff is a level three sex offender currently residing in a rest home. Pursuant to a statute enacted by the Legislature in 2006, a level three sex offender who "establish[es] living conditions within, move[s] to, or transfer[s] to" a long-term care facility such as a rest home commits a crime. See G. L. c. 6, § 178K (2) (e), inserted by St. 2006, c. 303, § 6 (§ 178K [2] [e], or the statute). The plaintiff asks this court...

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