PETITION OF:

SECTION 1. Chapter 10 of the General Laws is hereby amended by adding the following section:—
Section 70. There is hereby established on the books of the commonwealth a separate fund to be known as the Sex Offender Surcharge Trust Fund. Said trust fund shall consist of monies paid to the commonwealth pursuant to the provisions of section four C of chapter two hundred and seventy-nine, and any interest or investment earnings on such monies. The state treasurer, ex officio, shall be the custodian of said trust fund, and shall receive, deposit, and invest all monies transmitted to him under the provisions of this section, and shall credit interest and earnings on the trust fund to said trust fund. Upon request of the sex offender treatment board, the state treasurer shall pay such funds as may be appropriated out of the income and receipts of said trust fund, as said board may direct, for the purposes of sex offender treatment programs including, but not limited to, covering the costs associated with the evaluation, identification, treatment and continued monitoring of sex offenders incurred pursuant to the programs established under section twenty-one of chapter twenty-two, section one hundred and thirty-three C of chapter one hundred and twenty-seven and section eighty-seven B of chapter two hundred and seventy-six.

SECTION 2. Chapter 22 of the General Laws, is hereby amended by adding the following section:—
Section 21. There shall be in the department of public safety a board to be known as the sex offender treatment board. The board shall consist of the commissioner of the department of corrections, or his designee, the commissioner of the department of public safety, or his designee, the commissioner of the department of mental health, or his designee and six persons to be appointed by the commissioner of public safety, one of whom shall be a district attorney, one of whom shall be an attorney experienced in the area of criminal defense, one of whom shall be a member of the community access board established under section one of chapter one hundred and twenty-three A, one of whom shall be a representative of law enforcement, one of whom is a person with expertise in the treatment of sex offenders, and one of whom is a person with experience in the area of sexual abuse and deals with victims of such sexual abuse. Said members shall serve for terms of four years; provided, however, that in the initial appointment of appointive members two members shall serve for two years, two members for three years and two members for four years. The commissioner of public safety or his designee shall serve as chairperson. Said members shall serve without compensation but shall be reimbursed for all expenses necessarily incurred in connection with their official duties.
There shall be an executive secretary of the board who shall assist the members in their responsibilities. Such clerical, technical and other assistants required by the board shall be assigned by the commissioner.
The board shall develop and prescribe a standardized procedure for the evaluation and identification of sex offenders, as defined in section eighty-seven B of chapter two hundred and seventy-six. Such procedure shall provide for an evaluation and identification of the offender and recommend behavior management, monitoring, and treatment based upon the knowledge that sex offenders are extremely habituated and that there is no known cure for the propensity to commit sex abuse. The board shall develop and implement measures of success based upon a no-cure policy for intervention. The board shall develop and implement methods of intervention for such sex offenders which have as a priority the physical and psychological safety of victims and potential victims and which are appropriate to the needs of the particular offender, provided that there is no reduction of the safety of victims and potential victims.
The board shall develop guidelines and standards for a system of programs for the treatment of such sex offenders which can be utilized by offenders who are placed on probation or parole or required to perform community service. Such programs shall be as flexible as possible so that such programs may be utilized by each offender to prevent him from harming victims and potential victims. Such programs shall be structured in such a manner that the programs provide a continuing monitoring process as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system and may include, but shall not be limited to, group counseling, individual counseling, outpatient treatment, inpatient treatment, or treatment in a therapeutic community. Such programs shall be developed in such a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. The procedures for evaluation, identification, treatment, and continued monitoring required to be developed pursuant to this section shall be implemented only to the extent moneys are available in the sex offender surcharge trust fund established in section sixty-two of chapter ten.
The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures and programs developed pursuant to this section. The board shall also develop and prescribe a system for tracking offenders who have been subjected to evaluation, identification, and treatment pursuant to this section. The board shall develop a system for monitoring offender behaviors and offender adherence to prescribed behavioral changes. The results of such tracking and behavioral monitoring shall be a part of any analysis made pursuant to this paragraph.
The board and the individual members thereof shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board as specified in this section.

SECTION 3. Chapter 127 of the General Laws is hereby amended by inserting after section 133B the following section:—
Section 133B 1/2. On and after January first, nineteen hundred and ninety-six, each sex offender, as defined in section eighty-seven B of chapter two hundred and seventy-six, who is to be considered for parole shall be required, as a part of any investigation, to submit to an evaluation for treatment, an evaluation for risk, procedures required for monitoring of behavior to protect victims and potential victims, and an identification developed pursuant to section twenty-one of chapter twenty-two. Said evaluation and identification shall be at the expense of the person evaluated, based upon such person’s ability to pay for such treatment.
Notwithstanding any provisions of law to the contrary, each sex offender, as defined in section eighty-seven B of chapter two hundred and seventy-six, placed on parole by the parole board, on or after January first, nineteen hundred and ninety-six, shall be required, as a condition of such parole, to undergo treatment to the extent appropriate to such offender based upon the recommendations of the evaluation and identification pursuant to this section or any evaluation or subsequent reevaluation regarding such person during any period of parole. Any such treatment shall be at such person’s expense, based upon such person’s ability to pay for such treatment.

SECTION 4. Chapter 276 of the General Laws is hereby amended by inserting after section eighty-seven A the following section:—
Section 87B. As used in this section, the following terms shall, unless the context clearly indicates otherwise, have the following meanings:—
“Sex offender”, any person who is convicted in the commonwealth, on or after January 1, 2008, of any sexual offense or of any criminal offense, if such person has previously been convicted of a sexual offense, or if such person has previously been convicted in any other jurisdiction of any offense which would constitute a sexual offense as defined in this section or if such person has a history of any sexual offenses.
“Sex offender treatment board”, the board established in section twenty-one of chapter twenty-two.
“Sex Offender Surcharge Trust Fund”, the fund established in section sixty-two of chapter ten.
“Sexual offense”, includes any of the following crimes: indecent assault and battery on a child under fourteen under the provisions of section thirteen B of chapter two hundred and sixty-five; indecent assault and battery on a mentally retarded person under the provisions of section thirteen F of chapter two hundred and sixty-five; indecent assault and battery on a person who has attained the age of fourteen under the provisions of section thirteen H of chapter two hundred and sixty-five; rape under the provisions of section twenty-two of chapter two hundred and sixty-five; rape of a child under sixteen with force under the provisions of section twenty-two A of chapter two hundred and sixty-five; rape and abuse of a child under sixteen under the provisions of section twenty-three of chapter two hundred and sixty-five; assault with intent to commit rape under the provisions of section twenty-four of chapter two hundred and sixty-five; unnatural and lascivious acts with a child under the age of sixteen under the provisions of section thirty-five A of chapter two hundred and seventy-two; and any attempt to commit any of the above listed crimes under the provisions of section six of chapter two hundred and seventy-four.
On and after January first, nineteen hundred and ninety-six, each sex offender who is to be considered for probation shall be required, as a part of any pre-sentence or probation investigation, to submit to an evaluation for treatment, an evaluation for risk, procedures required for monitoring of behavior to protect victims and potential victims, and an identification developed pursuant to section twenty-one of chapter twenty-two. Said evaluation and identification shall be at the expense of the person evaluated, based upon such person’s ability to pay for such treatment.
Each sex offender sentenced by the court for an offense committed on or after January first, nineteen hundred and ninety-six shall be required, as a part of any sentence to probation or community service to undergo treatment to the extent appropriate to such offender based upon the recommendations of the evaluation and identification made pursuant to this section, or based upon any subsequent recommendations by the department of corrections, the judicial department, or the department of public safety, whichever is appropriate. Any such treatment and monitoring shall be at such person’s own expense, based upon such person’s ability to pay for such treatment.

SECTION 5. Chapter 279 of the General Laws is hereby amended by inserting after section 4B the following section:—
Section 4C. Notwithstanding the provision of any law to the contrary, on and after July 1, 2008, each person convicted of a sexual offense as defined in section eighty-seven B of chapter two hundred and seventy-six shall pay a surcharge to the clerk of the court in which the conviction occurs in the amount of five hundred dollars. Said surcharge shall be credited to the sex offender surcharge trust fund established in section sixty-two of chapter ten for the purposes set forth therein.
The court may waive all or any portion of the surcharge required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay all or any portion of such surcharge. The court shall waive only that portion of the surcharge which the court has found that the person convicted of a sex offense is financially unable to pay.

SECTION 6. The sex offender treatment board shall develop the procedures, guidelines, standards and programs set out in section twenty-one of chapter twenty-two of the General Laws on or before January 1, 2008.

SECTION 7. The sex offender treatment board shall develop a plan for the allocation of moneys deposited in the Sex Offender Surcharge Trust Fund established in section sixty-two of chapter ten of the General Laws. Said board shall coordinate the expenditure of moneys from the sex offender surcharge fund with any moneys expended by any department for purposes of identification, evaluation, and treatment of sex offenders. Said plan developed pursuant to this section shall be submitted to the general court on or before January 1, 2008.

SECTION 8. The sex offender treatment board shall report to the senate and house of representatives on or before January first, nineteen hundred and ninety-six regarding the implementation of this act, and the standardized procedures developed pursuant to this act.