Tuesday, December 18, 2012
Today I released the following statement regarding the
recent indictment of Wakefield resident John Burbine on multiple counts of
child sexual abuse:
Senator Tarr’s
statement on needed changes streamlining information to the Sex Offender
Registry Board
Senate Republican
Caucus to file legislation for 2013-2014 session
“The Burbine case has exposed deep flaws in the state’s
system for classifying and tracking sex offenders, while underscoring the need
for better communication among the state’s public safety agencies to ensure
that sexual predators are more closely monitored. In early January, I will file with the Senate
Republican Caucus, and any other interested legislator, comprehensive
legislation requiring the timely sharing of information between law
enforcement, prosecutors and the Sex Offender Registry Board (SORB) of open
investigations of Level 1, 2 and 3 offenders so that individuals like Burbine
don’t fall through the cracks where they can continue victimizing our most
vulnerable residents. This bill will
include, at a minimum:
• a
requirement and authorization for law enforcement agencies and prosecutors to
communicate with the SORB in a timely fashion about the commitment of
subsequent offenses by a registered sex offender;
• the legal
authority of the SORB to re-classify sex offenders based on new information,
which was taken away by the Massachusetts Court of Appeals on July 16, 2012 in
its ruling in the case of John Doe 16748 v. Sex Offender Registry Board (Docket
Number 11-P-308);
• the ability of the SORB to expedite the re-classification process of a sexual offender upon the recommendation of law enforcement and prosecutors; and
• a
requirement for the timely re-classification of sex offenders who have
committed subsequent offenses
Burbine’s original classification suggested his risk of
re-offense was low, and the public would not benefit from the disclosure of his
information; however, subsequent facts have proven this assessment was
inadequate and needed to be adjusted accordingly. Since 1989, Burbine has been the subject of
multiple investigations that, with due diligence, would have warranted further
scrutiny of his classification level and risk to re-offend.
We want to produce as comprehensive a bill as possible. I am looking forward to engaging in a
dialogue with other stakeholders – including law enforcement, district
attorneys and other legislators – to craft legislation that will provide better
safeguards so predators like Burbine are classified properly and not allowed to
continue to prey on innocent victims.”
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