06 LC 29
2053
Senate
Bill 372
By:
Senators Rogers of the 21st, Hill of the 32nd, Wiles of the 37th, Seabaugh of
the 28th, Pearson of the 51st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 42 of the Official Code of Georgia Annotated, relating to penal
institutions, so as to change registration requirements and areas where certain
offenders can reside as it affects sexual offenders; to reorganize and change
provisions related to the State Sexual Offender Registry; to change and add
certain definitions; to change provisions relating to registration requirements
for sexual offenders; to provide for an annual registration fee; to provide that
sexual offenders register prior to release from prison; to require each sheriff
to maintain and update a list of all sexual offenders residing in the county; to
provide for duties and responsibilities for sheriffs, the Department of
Corrections, the Georgia Bureau of Investigation, and sexual offenders; to
require registered sexual offenders to verify required registration information
with the sheriff whenever any changes occur to certain information and verify
information at least annually within 48 hours of the sexual
offendeŕs
birthday; to increase the duration for registration requirement; to require the
sheriff to notify certain people and entities of the presence of sexual
offenders in their community; to increase punishment for failure to comply with
registration requirements; to change the appointing authority for the Sexual
Offender Registration Review Board; to require the Sexual Offender Registration
Review Board to classify sexual offenders; to require sexually dangerous
predators to wear an electronic monitoring device for the balance of his or her
life and to pay for such device; to require sexually dangerous predators to
update required registration information twice yearly; to provide for employment
restrictions for sexual offenders; to correct cross-references; to provide for
other related matters; to provide for an effective date and applicability; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by designating Code Sections 42-1-1 through 42-1-11 as Article 1 of
Chapter 1, striking in their entirety Code Sections 42-1-12 and 42-1-13, and
inserting in their place a new Article 2 to read as follows:
∀ARTICLE
2
42-1-12.
(a)
As used in this article, the term:
(1)
'Address' means the street or route address of the sexual
offendeŕs
residence. For purposes of this Code section, the term does not mean a post
office box, and homeless does not constitute an address.
(2)
'Appropriate official' means:
(A)
With respect to a sexual offender who is sentenced to probation without any
sentence of incarceration in the state prison system or who is sentenced
pursuant to Article 3 of Chapter 8 of this title, relating to first offenders,
the Division of Probation of the Department of Corrections;
(B)
With respect to a sexual offender who is sentenced to a period of incarceration
in a prison under the jurisdiction of the Department of Corrections and who is
subsequently released from prison or placed on probation, the commissioner of
corrections or his or her designee;
(C)
With respect to a sexual offender who is placed on parole, the chairperson of
the State Board of Pardons and Paroles or his or her designee; and
(D)
With respect to a sexual offender who is placed on probation through a private
probation agency, the director of the private probation agency or his or her
designee.
(3)
'Area where minors congregate' shall include all public and private parks and
recreation facilities, playgrounds, skating rinks, neighborhood centers,
gymnasiums, bus stops, and all other places established for the public to
congregate and wait for public transportation.
(4)
'Assessment criteria' means the tests that the board members use to determine
the likelihood that a sexual offender will commit another criminal offense
against a victim who is a minor or commit a dangerous sexual
offense.
(5)
'Board' means the Sexual Offender Registration Review Board.
(6)
'Child care facility' means all public and private pre-kindergarten facilities,
day-care centers, and preschool facilities.
(7)
'Church' means a place of public religious worship.
(8)
'Conviction' includes a final judgment of conviction entered upon a verdict or
finding of guilty of a crime, a plea of guilty, or a plea of nolo contendere. A
defendant who is discharged without adjudication of guilt and who is not
considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of
this title, relating to first offenders, shall be subject to the registration
requirements of this Code section for the period of time prior to the
defendant́s
discharge after completion of his or her sentence or upon the defendant being
adjudicated guilty. Unless otherwise required by federal law, a defendant who
is discharged without adjudication of guilt and who is not considered to have a
criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating
to first offenders, shall not be subject to the registration requirements of
this Code section upon the
defendant́s
discharge.
(9)(A)
'Criminal offense against a victim who is a minor' with respect to convictions
occurring on or before June 30, 2001, means any criminal offense under Title 16
or any offense under federal law or the laws of another state or territory of
the United States which consists of:
(i)
Kidnapping of a minor, except by a parent;
(ii)
False imprisonment of a minor, except by a parent;
(iii)
Criminal sexual conduct toward a minor;
(iv)
Solicitation of a minor to engage in sexual conduct;
(v)
Use of a minor in a sexual performance;
(vi)
Solicitation of a minor to practice prostitution; or
(vii)
Any conviction resulting from an underlying sexual offense against a victim who
is a minor.
(B)
'Criminal offense against a victim who is a minor' with respect to convictions
occurring after June 30, 2001, means any criminal offense under Title 16 or any
offense under federal law or the laws of another state or territory of the
United States which consists of:
(i)
Kidnapping of a minor, except by a parent;
(ii)
False imprisonment of a minor, except by a parent;
(iii)
Criminal sexual conduct toward a minor;
(iv)
Solicitation of a minor to engage in sexual conduct;
(v)
Use of a minor in a sexual performance;
(vi)
Solicitation of a minor to practice prostitution;
(vii)
Use of a minor to engage in any sexually explicit conduct to produce any visual
medium depicting such conduct;
(viii)
Creating, publishing, selling, distributing, or possessing any material
depicting a minor or a portion of a
minoŕs
body engaged in sexually explicit conduct;
(ix)
Transmitting, making, selling, buying, or disseminating by means of a computer
any descriptive or identifying information regarding a child for the purpose of
offering or soliciting sexual conduct of or with a child or the visual depicting
of such conduct;
(x)
Conspiracy to transport, ship, receive, or distribute visual depictions of
minors engaged in sexually explicit conduct; or
(xi)
Any conduct which, by its nature, is a sexual offense against a
minor.
(10)(A)
'Dangerous sexual offense' with respect to convictions occurring after June 30,
2006, means any criminal offense under Title 16 as specified in this paragraph
or any offense under federal law or the laws of another state or territory of
the United States which consists of the same or similar elements of the
following offenses:
(i)
Aggravated assault with the intent to rape in violation of Code Section
16-5-2;
(ii)
Kidnapping in violation of Code Section 16-5-40 which involves a victim who is
less than 14 years of age, except by a parent;
(iii)
False imprisonment in violation of Code Section 16-5-41 which involves a victim
who is less than 14 years of age, except by a parent;
(iv)
Rape in violation of Code Section 16-6-1;
(v)
Sodomy or aggravated sodomy in violation of Code Section 16-6-2;
(vi)
Statutory rape in violation of Code Section 16-6-3, if the individual convicted
of the offense is 21 years of age or older;
(vii)
Child molestation or aggravated child molestation in violation of Code Section
16-6-4;
(viii)
Enticing a child for indecent purposes in violation of Code Section
16-6-5;
(ix)
Sexual assault against persons in custody in violation of Code Section
16-6-5.1;
(x)
Incest in violation of Code Section 16-6-22;
(xi)
A second conviction for sexual battery in violation of Code Section
16-6-22.1;
(xii)
Aggravated sexual battery in violation of Code Section 16-6-23;
(xiii)
Sexual exploitation of children in violation of Code Section
16-12-100;
(xiv)
Electronically furnishing obscene material to minors in violation of Code
Section 16-12-100.1;
(xv)
Computer pornography and child exploitation prevention in violation of Code
Section 16-12-100.2;
(xvi)
Obscene telephone contact in violation of Code Section 16-12-100.3;
or
(xvii)
Any conduct which, by its nature, is a sexual offense against a minor or an
attempt to commit a sexual offense against a minor.
(B)
For purposes of this paragraph, conduct which is prosecuted in juvenile court
shall not be considered a dangerous sexual offense.
(11)
'Institution of higher education' means a private or public community college,
state university, state college, or independent postsecondary
institution.
(12)
'Level I risk assessment classification' means the sexual offender is a low sex
offense risk and low general recidivism risk.
(13)
'Level II risk assessment classification' means the sexual offender is an
intermediate sex offense risk and intermediate general recidivism risk and
includes all sexual offenders who do not meet the criteria for classification
either as a sexually dangerous predator or for Level I risk
assessment.
(14)
'Minor' means any individual under the age of 18 years and any individual that
the sexual offender believed at the time of the offense was under the age of 18
years if such individual was the victim of an offense.
(15)
'Required registration information' means:
(A)
Name; social security number; age; race; sex; date of birth; height; weight;
hair color, eye color, fingerprints; and photograph;
(B)
Address of any permanent residence and address of any current temporary
residence, within the state or out of state, and, if applicable in addition to
the address, a rural route address and a post office box;
(C)
If the place of residence is a motor vehicle, trailer, mobile home, or
manufactured home, provide the vehicle identification number; the license tag
number; the registration number; and a description, including color scheme, of
the motor vehicle, trailer, mobile home, or manufactured home;
(D)
If the place of residence is a vessel, live-aboard vessel, or houseboat, provide
the hull identification number; the
manufactureŕs
serial number; the name of the vessel, live-aboard vessel, or houseboat; the
registration number; and a description, including color scheme, of the vessel,
live-aboard vessel, or houseboat;
(E)
Date of employment, place of any employment, and address of employer;
(F)
Place of vocation and address of the place of vocation;
(G)
Vehicle make, model, color, and license tag number;
(H)
If enrolled, employed, or carrying on a vocation at an institution of higher
education in this state, the name, address, and county of each institution,
including each campus attended, and enrollment or employment status;
and
(I)
The name of the crime or crimes for which the sexual offender is registering and
the date released from prison or placed on probation, parole, or supervised
release.
(16)
'Risk assessment classification' means the notification level into which a
sexual offender is placed based on the
board́s
assessment.
(17)
'School' means all public and private kindergarten, elementary, and secondary
schools.
(18)
'Sexual offender' means any individual:
(A)
Who has been convicted of a criminal offense against a victim who is a minor or
any dangerous sexual offense; or
(B)
Who has been convicted under the laws of another state or territory, under the
laws of the United States, under the Uniform Code of Military Justice, or in a
tribal court of a criminal offense against a victim who is a minor or a
dangerous sexual offense.
(19)
'Sexually dangerous predator' means a sexual offender:
(A)
Who was designated as a sexually violent offender between July 1, 1996, and June
30, 2006; or
(B)
Who has been convicted on or after July 1, 2006, of a dangerous sexual offense;
and
who
is determined by the Sexual Offender Registration Review Board to be at risk of
perpetrating any future dangerous sexual offense.
(20)
'Vocation' means any full-time, part-time, or volunteer employment with or
without compensation exceeding 14 consecutive days or for an aggregate period of
time exceeding 30 days during any calendar year.
(b)
Before a sexual offender who is required to register under this Code section is
released from prison or placed on parole, supervised release, or probation, the
appropriate official shall:
(1)
Inform the sexual offender of the obligation to register, the amount of the
registration fee, and how to maintain registration;
(2)
Obtain the information necessary for the required registration
information;
(3)
Inform the sexual offender that, if the sexual offender changes any of the
required registration information, the sexual offender shall give the new
information to the sheriff of the county with whom the sexual offender is
registered within 48 hours of the change of information; if the information is
the sexual
offendeŕs
new residence address, the sexual offender shall give the information to the
sheriff of the county with whom the sexual offender last registered not sooner
than 48 hours before moving and to the sheriff of the county to which the sexual
offender is moving not later than 48 hours after the change of
information;
(4)
Inform the sexual offender that he or she shall also register in any state where
he or she is employed, carries on a vocation, or is a student;
(5)
Inform the sexual offender that, if he or she changes residence to another
state, the sexual offender shall register the new address with the sheriff of
the county with whom the sexual offender last registered, and that the sexual
offender shall also register with a designated law enforcement agency in the new
state not later than 48 hours after establishing residence in the new
state;
(6)
Obtain current fingerprints and a photograph of the sexual
offender;
(7)
Require the sexual offender to read and sign a form stating that the obligations
of the sexual offender have been explained;
(8)
Obtain and forward any information obtained from the clerk of court pursuant to
Code Section 42-5-50 to the
sheriff́s
office of the county in which the sexual offender will reside; and
(9)
If required by Code Section 42-1-14, place any required electronic monitoring
device on the sexually dangerous predator and explain its operation and
cost.
(c)
The Department of Corrections shall:
(1)
Forward to the Georgia Bureau of Investigation a copy of the form stating that
the obligations of the sexual offender have been explained;
(2)
Forward any required registration information to the Georgia Bureau of
Investigation;
(3)
Forward the sexual
offendeŕs
fingerprints and photograph to the
sheriff́s
office of the county where the sexual offender is going to reside;
(4)
Inform the board and the prosecuting attorney for the jurisdiction in which a
sexual offender was convicted of the impending release of a sexual offender at
least eight months prior to such release so as to facilitate compliance with
Code Section 42-1-14; and
(5)
Keep all records of sexual offenders in a secure facility until official proof
of death of a registered sexual offender and thereafter the records shall be
destroyed in accordance with Code Sections 15-1-10, 15-6-62, and
15-6-62.1.
(d)
No sexual offender shall be released from prison or placed on parole, supervised
release, or probation until:
(1)
The appropriate official has provided the Georgia Bureau of Investigation and
the
sheriff́s
office in the county where the sexual offender will be residing with the sexual
offendeŕs
required registration information and risk assessment classification level;
and
(2)
The sexual
offendeŕs
name has been added to the list of sexual offenders maintained by the Georgia
Bureau of Investigation and the
sheriff́s
office as required by this Code section.
(e)
Registration pursuant to this Code section shall be required by any individual
who:
(1)
Is convicted on or after July 1, 1996, of a criminal offense against a victim
who is a minor;
(2)
Is convicted on or after July 1, 2006, of a dangerous sexual
offense;
(3)
Has previously been convicted of a criminal offense against a minor and may be
released from prison or placed on parole, supervised release, or probation on or
after July 1, 1996;
(4)
Has previously been convicted of a sexually violent offense and may be released
from prison or placed on parole, supervised release, or probation;
(5)
Is a resident of Georgia who intends to reside in this state and who is
convicted under the laws of another state or the United States, under the
Uniform Code of Military Justice, or in a tribal court of a sexually violent
offense, a criminal offense against a victim who is a minor on or after July 1,
1999, or a dangerous sexual offense on or after July 1, 2006;
(6)
Is a nonresident sexual offender who changes residence from another state or
territory of the United States to Georgia who is required to register as a
sexual offender under federal law, military law, tribal law, or the laws of
another state or territory, regardless of when the conviction
occurred;
(7)
Is a nonresident sexual offender who enters this state for the purpose of
employment for a period exceeding 14 consecutive days or for an aggregate period
of time exceeding 30 days during any calendar year regardless of whether such
sexual offender is required to register under federal law, military law, tribal
law, or the laws of another state or territory; or
(8)
Is a nonresident sexual offender who enters this state for the purpose of
attending school as a full-time or part-time student regardless of whether such
sexual offender is required to register under federal law, military law, tribal
law, or the laws of another state or territory.
(f)
Any sexual offender required to register under this Code section
shall:
(1)
Provide the required registration information to the appropriate official before
being released from prison or placed on parole, supervised release, or
probation;
(2)
Register with the sheriff of the county in which the sexual offender resides
within 48 hours after the sexual
offendeŕs
release from prison or placement on parole, supervised release, probation, or
entry into this state;
(3)
Maintain the required registration information with the sheriff of the county in
which the sexual offender resides;
(4)
Renew the required registration information with the sheriff of the county in
which the sexual offender resides by reporting to the sheriff within 48 hours of
such
offendeŕs
birthday each year to be photographed and fingerprinted;
(5)
Update the required registration information with the sheriff of the county in
which the sexual offender resides within 48 hours of any change to the required
registration information; if the information is the sexual
offendeŕs
new residence address, the sexual offender shall give the information to the
sheriff of the county with whom the sexual offender last registered no sooner
than 48 hours before any change of residence address and to the sheriff of the
county to which the sexual offender is moving;
(6)
If convicted of a dangerous sexual offense on or after July 1, 2006, pay to the
sheriff of the county where the sexual offender resides an annual registration
fee of $250.00 upon each anniversary of such registration; and
(7)
Continue to comply with the registration requirements of this Code section for
the entire life of the sexual offender, including ensuing periods of
incarceration.
(g)(1)
The appropriate official or sheriff shall, within 48 hours after receipt of the
required registration information, forward such information to the Georgia
Bureau of Investigation. Once the data is entered into the Criminal Justice
Information System by the appropriate official or sheriff, the Georgia Crime
Information Center shall notify the sheriff of the sexual
offendeŕs
county of residence, either permanent or temporary, the sheriff of the county of
employment, and the sheriff of the county where the sexual offender attends an
institution of higher education within 24 hours of entering the data or any
change to the data.
(2)
The Georgia Bureau of Investigation shall:
(A)
Transmit all information, including the conviction data and fingerprints, to the
Federal Bureau of Investigation within 24 hours of entering the
data;
(B)
Establish operating policies and procedures concerning record ownership,
quality, verification, modification, and cancellation; and
(C)
Perform mail out and verification duties as follows:
(i)
Send each month Criminal Justice Information System network messages to sheriffs
listing sexual offenders due for verification;
(ii)
Create a photo image file from original entries and provide such entries to
sheriffs to assist in sexual offender identification and
verification;
(iii)
Mail a nonforwardable verification form to the last reported address of the
sexual offender prior to the sexual
offendeŕs
birthday;
(iv)
If the sexual offender changes residence to another state, notify the law
enforcement agency with which the sexual offender shall register in the new
state; and
(v)
Maintain records required under this Code section.
(h)
The
sheriff́s
office in each county shall:
(1)
Prepare and maintain a list of all sexual offenders and sexually dangerous
predators residing in each county. Such list shall include the sexual
offendeŕs
name; age; physical description; address; crime of conviction, including
conviction date and the jurisdiction of the conviction; photograph; and the risk
assessment classification level provided by the board, and an explanation of how
the board classifies sexual offenders and sexually dangerous
predators;
(2)
Electronically submit and update all information provided by the sexual offender
within two working days to the Georgia Bureau of Investigation in a manner
prescribed by the Georgia Bureau of Investigation;
(3)
Maintain and post a list of every sexual offender residing in each
county:
(A)
In the
sheriff́s
office;
(B)
In any county administrative building;
(C)
In the main administrative building for any municipal corporation;
(D)
In the office of the clerk of the superior court so that such list is available
to the public; and
(E)
On a website maintained by the sheriff or the county for the posting of general
information;
(4)
Update the public notices required by paragraph (3) of this Code section within
two working days;
(5)
Inform the public of the presence of sexual offenders in each
community;
(6)
Update the list of sexual offenders residing in the county upon receipt of new
information affecting the residence address of a sexual offender or upon the
registration of a sexual offender moving into the county by virtue of release
from prison, relocation from another county, conviction in another state,
federal court, military tribunal, or tribal court. Such list, and any additions
to such list, shall be delivered immediately to all schools or institutions of
higher education located in the county;
(7)
Within 48 hours of the receipt of changed required registration information,
notify the Georgia Bureau of Investigation through the Criminal Justice
Information System of each change of information;
(8)
Retain the verification form stating that the sexual offender still resides at
the address last reported;
(9)
Enforce the criminal provisions of this Code section. The sheriff may request
the assistance of the Georgia Bureau of Investigation to enforce the provisions
of this Code section;
(10)
Cooperate and communicate with other
sheriffś
offices in this state and in the United States to maintain current data on the
location of sexual offenders;
(11)
Determine the appropriate time of day for reporting by sexual offenders, which
shall be consistent with the reporting requirements of this Code
section;
(12)
If required by Code Section 42-1-14, place any electronic monitoring device on
the sexually dangerous predator and explain its operation and cost;
(13)
Provide current information on names and addresses of all registered sexual
offenders to campus police with jurisdiction for the campus of an institution
of higher education if the campus is within the
sheriff́s
jurisdiction; and
(14)
Collect the annual $250.00 registration fee from the sexual offender and
transmit such fees to the state for deposit into the General Fund.
(i)(1)
The sheriff of the county where the sexual offender resides or last registered
shall be the primary law enforcement official charged with communicating the
whereabouts of the sexual offender and any changes in required registration
information to the
sheriff́s
office of the county or counties where the sexual offender is employed,
volunteers, attends an institution of higher education, or moves.
(2)
The
sheriff́s
office may post the list of sexual offenders in any public building in addition
to those locations enumerated in subsection (h) of this Code
section.
(j)
The Georgia Crime Information Center shall create the Criminal Justice
Information System network transaction screens by which appropriate officials
shall enter original data required by this Code section. Screens shall also be
created for
sheriffś
offices for the entry of record confirmation data; employment; changes of
residence, institutions of higher education, or employment; or other pertinent
data to assist in sexual offender identification.
(k)(1)
On at least an annual basis, the Department of Education shall obtain from the
Georgia Bureau of Investigation a complete list of the names and addresses of
all registered sexual offenders and shall send such list, accompanied by a hold
harmless provision, to each school in this state. In addition, the Department
of Education shall provide information to each school in this state on accessing
and retrieving from the Georgia Bureau of
Investigatiońs
website a list of the names and addresses of all registered sexual
offenders.
(2)
On at least an annual basis, the Department of Early Care and Learning shall
provide current information to all child care programs regulated pursuant to
Code Section 20-1A-10 on accessing and retrieving from the Georgia Bureau of
Investigatiońs
website a list of the names and addresses of all registered sexual offenders and
shall include, on a continuing basis, such information with each application for
licensure, commissioning, or registration for early care and education
programs.
(3)
On at least an annual basis, the Department of Human Resources shall provide
current information to all day-care, group day-care, and family day-care
programs regulated pursuant to Code Section 49-5-12 on accessing and retrieving
from the Georgia Bureau of
Investigatiońs
website a list of the names and addresses of all registered sexual
offenders.
(l)
Within ten days of the filing of a
defendant́s
discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this
title, the clerk of court shall transmit the order of discharge and exoneration
to the Georgia Bureau of Investigation and any sheriff maintaining records
required under this Code section.
(m)
Any individual who:
(1)
Is required to register under this Code section and who fails to comply with the
requirements of this Code section;
(2)
Provides false information; or
(3)
Fails to respond directly to the sheriff within 48 hours of such
individuaĺs
birthday
shall
be guilty of a felony and shall be punished by imprisonment for not less than
ten nor more than 30 years; provided, however, that upon the conviction of the
second offense under this subsection, the defendant shall be punished by
imprisonment for life.
(n)
The information collected pursuant to this Code section shall be treated as
private data except that:
(1)
Such information may be disclosed to law enforcement agencies for law
enforcement purposes;
(2)
Such information may be disclosed to government agencies conducting confidential
background checks; and
(3)
The Georgia Bureau of Investigation or any sheriff maintaining records required
under this Code section shall, in addition to the requirements of this Code
section to inform the public of the presence of sexual offenders in each
community, release such other relevant information collected under this Code
section that is necessary to protect the public concerning sexual offenders
required to register under this Code section, except that the identity of a
victim of an offense that requires registration under this Code section shall
not be released.
(o)
The Board of Public Safety is authorized to promulgate rules and regulations
necessary for the Georgia Bureau of Investigation and the Georgia Crime
Information Center to implement and carry out the provisions of this Code
section.
(p)
Law enforcement agencies, employees of law enforcement agencies, and state
officials shall be immune from liability for good faith conduct under this
article.
42-1-13.
(a)
The Sexual Offender Registration Review Board shall be composed of three
professionals licensed under Title 43 and knowledgeable in the field of the
behavior and treatment of sexual offenders; at least one representative from a
victimś
rights advocacy group or agency; and at least two representatives from law
enforcement, each of whom is either employed by a law enforcement agency as a
certified peace officer under Title 35 or retired from such employment. The
members of the board shall be appointed by the commissioner of human resources
for terms of four years. On and after July 1, 2006, successors to the members
of the board shall be appointed by the Governor. Members of the board shall
take office on the first day of September immediately following the expired term
of that office and shall serve for a term of four years and until the
appointment of their respective successors. No member shall serve on the board
more than two consecutive terms. Vacancies occurring on the board, other than
those caused by expiration of a term of office, shall be filled in the same
manner as the original appointment to the position vacated for the remainder of
the unexpired term and until a successor is appointed. Members shall be entitled
to an expense allowance and travel cost reimbursement the same as members of
certain other boards and commissions as provided in Code Section
45-7-21.
(b)
The board shall be attached to the Department of Human Resources for
administrative purposes and, provided there is adequate funding,
shall:
(1)
Exercise its quasi-judicial, rule-making, or policy-making functions
independently of the department and without approval or control of the
department;
(2)
Prepare its budget, if any, and submit its budgetary requests, if any, through
the department; and
(3)
Hire its own personnel if authorized by the Constitution of this state or by
statute or if the General Assembly provides or authorizes the expenditure of
funds therefor.
(c)
Members of the board shall be immune from liability for good faith conduct under
this article.
42-1-14.
(a)
The board shall determine the likelihood that a sexual offender will engage in
another crime against a victim who is a minor or a dangerous sexual offense.
The board shall make such determination for any sexual offender convicted on or
after July 1, 2006, of a criminal act against a minor or a dangerous sexual
offense and for any sexual offender incarcerated on July 1, 2006, but convicted
prior to July 1, 2006, of a criminal act against a minor. A sexual offender
shall be placed into Level I risk assessment classification, Level II risk
assessment classification, or sexually dangerous predator classification based
upon the
board́s
assessment criteria and information obtained and reviewed by the board. The
sexual offender may provide the board with information including, but not
limited to, psychological evaluations, sexual history polygraph information,
treatment history, personal, social, educational, and work history, and may
agree to submit to a psychosexual evaluation or sexual history polygraph
conducted by the board. If the sexual offender has undergone treatment through
the Department of Corrections, such treatment records shall also be submitted to
the board for evaluation. The prosecuting attorney shall provide the board with
any information available to assist the board in rendering an opinion,
including, but not limited to, criminal history and records related to previous
criminal history. On and after July 1, 2006, the clerk of court shall send a
copy of the sexual
offendeŕs
conviction to the board and notify the board that a sexual
offendeŕs
evaluation will need to be performed. The board shall render its recommendation
for risk assessment classification within:
(1)
Six months prior to the sexual
offendeŕs
proposed release from confinement if the offender is incarcerated;
and
(2)
Forty-five days of receipt of the required registration information if the
sexual offender has entered this state from another state and registered as a
sexual offender.
The
board shall send a copy of its risk assessment classification to the sexual
offender and sentencing court, if applicable.
(b)
If the sexual offender received a sentence of imprisonment and was sentenced for
a dangerous sexual offense on or after July 1, 2006, or if the sexual offender
is incarcerated on July 1, 2006, for a crime against a victim who is a minor,
after receiving a recommendation from the board that he or she be classified as
a sexually dangerous predator, the sexual offender may request that the
sentencing court set a date to conduct a hearing affording the sexual offender
the opportunity to present testimony or evidence relevant to the recommended
classification. After the hearing and within 60 days of receiving the report,
the court shall issue a ruling as to whether or not the sexual offender shall be
classified as a sexually dangerous predator. If the court determines the sexual
offender to be a sexually dangerous predator, such fact shall be communicated in
writing to the appropriate official, the Georgia Bureau of Investigation, and
the sheriff of the county where the sexual offender resides.
(c)
Any sexual offender who changes residence from another state or territory of the
United States to this state and who is not designated as a sexually dangerous
predator, sexual predator, or a sexually violent predator shall have his or her
required registration information forwarded by the sheriff of his or her county
of registration to the board for the purpose of risk assessment classification.
After receiving a recommendation from the board that he or she be classified as
a sexually dangerous predator, the sexual offender may, within 30 days after the
issuance of such classification, request a hearing before an administrative law
judge. Such hearing shall be conducted in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act.' The decision of the
administrative law judge shall constitute the final decision of the board
subject to the right of judicial review in accordance with Chapter 13 of Title
50. If the final determination is that the sexual offender is classified as a
sexually dangerous predator, such fact shall be communicated in writing to the
appropriate official, the Georgia Bureau of Investigation, and the sheriff of
the county where the sexual offender resides.
(d)
Any individual who was classified as a sexually violent predator prior to July
1, 2006, shall be classified as a sexually dangerous predator on and after July
1, 2006.
(e)
Any sexually dangerous predator shall be required to wear an electronic
monitoring device that shall have, at a minimum, the capacity to locate and
record the location of the sexually dangerous predator by a link to a global
positioning satellite system, have two-way voice communication capability, have
an alarm at no less than 95 decibels that can be remotely activated, and is
automatically activated and broadcasts the sexually dangerous
predatoŕs
location if the monitor is removed or tampered with by anyone other than a law
enforcement official designated to maintain and remove or replace the monitor.
Such monitor shall be worn by a sexually dangerous predator for the remainder of
his or her natural life. The sexually dangerous predator shall pay the cost of
such monitor to the Department of Corrections if the sexually dangerous predator
is on probation; to the Board of Pardons and Paroles if the sexually dangerous
predator is on parole; and to the sheriff after the sexually dangerous predator
completes his or her term of probation and parole or if the sexually dangerous
predator has moved to this state from another state, territory, or country. The
monitor shall be placed upon the sexually dangerous predator prior to his or her
release from confinement. If the sexual offender is not in custody, within 48
hours of the decision classifying the sexual offender as a sexually dangerous
predator by the court in accordance with subsection (b) of this Code section or
a final decision pursuant to subsection (c) of this Code section, whichever
applies to the sexual
offendeŕs
situation, the sexually dangerous predator shall report to the sheriff of the
county of his or her residence for purposes of having the monitor placed on the
sexually dangerous predator.
(f)
In addition to the requirements of registration for all sexual offenders, a
sexually dangerous predator shall report to the sheriff of the county where such
predator resides six months following his or her birth month and update or
verify his or her required registration information.
42-1-15.
(a)
No individual required to register pursuant to Code Section 42-1-12 shall reside
within 1,000 feet of any child care facility, church, school, or area where
minors congregate. Such distance shall be determined by measuring from the
outer boundary of the property on which the individual resides to the outer
boundary of the property of the child care facility, church, school, or area
where minors congregate at their closest points.
(b)
No individual who is required to register under Code Section 42-1-12 shall be
employed by any child care facility, school, or church or by any business or
entity that is located within 1,000 feet of an area where minors congregate, a
child care facility, a school, or a church.
(c)
Any sexual offender who knowingly violates the provisions of this Code section
shall be guilty of a felony and shall be punished by imprisonment for not less
than ten nor more than 30 years.
(d)
Nothing in this Code section shall create, either directly or indirectly, any
civil cause of action against or result in criminal prosecution of any person,
firm, corporation, partnership, trust, or association other than an individual
required to be registered under Code Section
42-1-12.∀
SECTION
2.
Said
title is further amended by striking subsection (b) of Code Section 42-8-35,
relating to terms and conditions of probation, and inserting in lieu thereof the
following:
∀(b)
In determining the terms and conditions of probation for a probationer who has
been convicted of a criminal offense against a victim who is a minor
or dangerous
sexual offense as
that phrase
is
those terms
are defined in
subparagraph
(a)(4)(B) of Code Section 42-1-12, the
court may provide that the probationer shall be:
(1)
Prohibited from entering or remaining present at a
victiḿs
school, place of employment, place of residence, or other specified place at
times when a victim is present or from entering or remaining present in areas
where minors congregate, child care facilities,
churches,
or schools as those terms are defined in
subsection
(a) of Code Section
42-1-13
42-1-12;
(2)
Required to wear a device capable of tracking the location of the probationer by
means including electronic surveillance or global positioning systems.
The
Unless the
probationer is indigent, the department
shall assess and collect fees from the probationer for such monitoring at levels
set by regulation by the department; and
(3)
Prohibited from seeking election to a
Local Board
of Education
local board of
education.∀
SECTION
3.
(a)
This Act shall become effective July 1,
2006.
(b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections.
(b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provisions of said Code sections by the repeal and reenactment of said Code sections.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.