Commonwealth v. Maker

The defendant pleaded guilty to one count of failing to register as a sex offender.2 See G. L. c. 6, § 178H. The complaint was based on the failure of the defendant, a level 3 sex offender, to comply with a regulation promulgated by the *47Sex Offender Registry Board (board) that requires incarcerated level 2 and 3 sex offenders to register in person at their local police department within two days of their release from custody. See 803 Code Mass. Regs. § 1.04(7)(b) (2004). We consider whether the regulation under which the defendant was charged exceeded the board’s authority.

At the request of…