The Massachusetts Supreme Judicial Court ruled on Wednesday that lifetime parole for sex offenders violates the state constitution; hundreds might need to be resentenced.

The Massachusetts Supreme Judicial Court ruled on Wednesday that lifetime parole for sex offenders is unconstitutional, a decision that could lead to the resentencing of 275 to 300 offenders currently sentenced to lifetime parole.

In its decision, the court found that the law, which grants the Parole Board the ability to impose new sentences on offenders who violate the terms of their parole, is in violation of the state constitution.

The court ruled that the law violates the state constitution’s separation of powers doctrine by granting a judicial power, sentencing, to the Parole Board, which is part of the executive branch.

The court decided the constitutionality of the law in two rulings it issued today in cases that challenged lifetime parole for sex offenders.

One of the cases involved, Casey Cole, a level two sex offender from West Bridgewater, who sentenced to lifetime parole when he failed to provide police with his new address when he moved to Taunton.

In the decision, the judges said, “We recognize that resentencing may impose a burden on our courts, but we doubt the burden will prove to be onerous for two reasons.”



Edward Donga may be reached at edonga@enterprisenews.com.