Well, when the police do not tell registrants, and since most people do not monitor the laws 24/7, how do you expect them to know about the law? The police should be telling them, but they don't.
08/15/2011
By Amanda Thomas
Despite changes in the state's sex offender law that allows offenders to petition a superior court for release from registration requirements and any residency or employment restrictions, only three in Carroll County have petitioned to be removed.
Carroll County Sheriff's Department Capt. Shane Taylor said there are 255 registered offenders who live in Carroll County.
Georgia's sex offender laws were revised following challenges from civil liberties groups and losing court battles, according to the Associated Press. Georgia's law failed because it cast too wide a net, targeting offenders who had committed crimes years before the strict law was inacted in 2006. The law banned all sex offenders from living within 1,000 feet of schools, parks and other places where children congregate.
HB 571 (PDF) became effective on May 21, 2010, and allows registered sex offenders who committed their offenses before June 4, 2003, to live wherever they choose. The new law also deletes a requirement that persons on the registry must provide their email addresses, user names and user passwords to law enforcement officials as part of the required registration information.
Most sex offenders who committed their crimes after June 4, 2003, are subject to the 1,000 feet living and work restrictions. The new law also allows sex offenders to petition a superior court for release from registration requirements and any residency or employment restrictions. But, in most cases, the person must have completed all prison, parole, supervised release and probation for the offense which required registration.
- Read the 42-1-19 code to see the exact wording, don't rely on the media or politicians to tell you what it says.
Carroll County Sheriff's officials locate those on the list each month to verify addresses and other information.
"It's not a law requirement," Taylor said. "It's just something that our sheriff's office does."
Investigator Lee Kahlenbeck is responsible for maintaining the county's sex offender registry. A person who has been convicted must register with the sheriff's office within 10 days of moving to the county. Sex offenders are required to verify their information every 90 days and remain on the registry for life unless they petition to be removed.
Taylor believes that some sex offenders may not be taking advantage of the law simply because they don't know about it, or they could be hindered by the expense of getting an attorney and petitioning the court.
After the judge makes the ruling, the court decision will be sent to the DCSO, the Georgia Bureau of Investigation and the state Department of Corrections, Wilson said.
"Some (sex offenders) may not have paid attention to the new law or they are just not fooling with it," he said.
- As if ex-sex offenders monitor the laws 24/7? The police should be forced to tell people about the new changes.
Carrollton attorney Jason Swindle has filed a number of petitions in the west Georgia area asking that a client be removed from the sex offender registry.
"However, only a limited number of people are eligible for removal under this code section," Swindle said. "First, the individual must be classified as a Level 1 offender, which means that the person has a low risk of re-offending."
- As I said, read 42-1-19 for yourself, at the link above.
He noted that there are three offender levels, and most probationers aren't classified.
"In order to receive a classification, a superior court judge must sign an order directing the Georgia Sex Offender Registry to evaluate and classify the person," Swindle said. "Then, the court will conduct a hearing and make a ruling. The judge has wide discretion in deciding whether or not someone comes off the registry."
Another section of the law allows offenders whose sentences and any related probation or parole ended more than 10 years ago to petition the court for removal.
"In those cases, classification is not required," Swindle said. "However, without being considered a Level 1 offender, you are probably wasting your time in asking a judge for removal from the registry."
He agrees that many offenders are not taking advantage of the law because they don't know it exists. But he noted that many won't be eligible to take advantage of the law anyway because they won't fall into the Level 1 category.
