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Law Enforcement Sex Offender Registration: The Basics

Law Enforcement Sex Offender Registration: The Basics. Tonia Welch, Georgia Sheriffs’ Association 770.914.1076 ; 912-222-9099 twelch@georgiasheriffs.org August 9, 2011. Jacob Wetterling 1989: Abducted @ 11 years old, never to be found. Megan Kanka December 7, 1986 – July 29, 1994

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Law Enforcement Sex Offender Registration: The Basics

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  1. Law Enforcement Sex Offender Registration: The Basics Tonia Welch, Georgia Sheriffs’ Association 770.914.1076 ; 912-222-9099 twelch@georgiasheriffs.org August 9, 2011

  2. Jacob Wetterling1989:Abducted @ 11 years old, never to be found.

  3. Megan Kanka December 7, 1986 – July 29, 1994 7 years old Enticed into the home of a twice convicted pedophile, Jesse Timmendequas, who raped and murdered her.

  4. Pam Lyncher 1990: Texas real estate agent was brutally attacked by twice-convicted felon, William David Kelley, while she waited to show a house.

  5. Jessica Lunsford9-years-old 2005: Abducted from her bedroom by convicted sex offender John Couey; he buried her alive.

  6. Adam WalshSix-years-old • John Walsh, Father Abducted from Sears at a mall in Hollywood, FL on July 27, 1981. Later Found murdered and decapitated.

  7. Creation of National Sex Offender Registry • Jacob Wetterling Act (1994 – Registration) • Megan’s Law (1996 – Community Notification) • Pam Lyncher Sexual Offender Tracking & Identification Act (1996 – creation of national database for tracking sex offenders & life registration for certain high-risk offenders) • Jessica Lunsford Act (2006 – Florida statute that requires 25 yrs to life for certain crimes against 11 and younger, with lifetime tracking by GPS) • Adam Walsh Child Protection and Safety Act (2006 - created a national sex offender registry)

  8. Sex Offender Registry in Georgia • First implemented in Georgia 1996 • Revised annually thru legislative session or case law. • July 1, 2006 completely revised • 2010 amended again & added new revisions (May 21, 2010) • O.G.C.A. § • 42-1-12 42-1-16 • 42-1-13 42-1-17 • 42-1-14 42-1-18 • 42-1-15 42-1-19

  9. Corrections’ Role Before / During Incarceration • GDC determines if an offender is a sex offender • If offender is sentenced & placed on probation • Completes GBI registration/notification form • Sends to GBI • Places on registry • If sentenced on and placed in prison • No action if first time sex offense; once classified will be flagged as a sex offender • If entering prison and is on sex offender registry, sheriffs’ office in county last registered in, must update GCIC

  10. Corrections’ Role During / After Incarceration • During incarceration • 12 months prior to expected discharge date • 45 days prior to release • Sheriff’s office will change address of offender to the ‘State Prison” • Advises sexual offender of his obligations & requirements by law (offender read/signs GBI’s GA SOR Registration Notification Form) • See Operational Guidelines, pages 19-20 • After incarceration • Most likely will be placed under supervision • If a predator, will place a monitor on offender before leaves prison

  11. What is: A Sex Offender? A Predator? • Sex Offender: 42-1-12 (a)(20) • Person convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense of this state, another state, territory, Uniform Code of Military justice, or tribal court, or • who is required to register under Code Section (e) and • must register in person {42-1-12 (f)(2)} • within 72 hours after release from prison, placement on parole, supervised release or probation with the sheriff’s office in the county where such person will reside. • Sexually Dangerous Predator: Same as above but is determined most likely to commit another dangerous sexual offense.

  12. Sex Offender must Register if...42-1-12 (e) • (1 & 2) • Convicted on or after July 1, 1996 of a criminal offense against a victim who is a minor or a dangerous sex offense • (3 & 4) • Previously convicted of a criminal offense against a victim who is a minor, a sexually violent offense, or dangerous sexual offense, and may be released from prison, parole, probation, supervised release on or after July 1, 1996

  13. Sex Offender must Register if...42-1-12 (e) • (5) Resident of Georgia who intends to reside in this state and convicted of: • a sexually violent offense • a criminal offense against a victim who is minor on or after July 1, 1999 or • dangerous sexual offense on or after July 1, 1996 under the laws of: • another state • under the Uniform Code of Military Justice • tribal court

  14. Sex Offender must Register if... 42-1-12 (e) • (6) Nonresident who changes residence to Georgia and is required by laws to register, or who has been convicted in this state of a criminal offense against a victim who is minor or any dangerous sexual offense.

  15. Sex Offender must Register if... 42-1-12 (e) • (7) Nonresident who enters Georgia – regardless if required by other laws to register - for the purpose of • Employment • Any other reason for a period exceeding 14 consecutive days • Aggregate period of time exceeding 30 days during a calendar year • (8) Nonresident offender attending school, part-time or full-time regardless of whether he was required to register under other laws.

  16. What should you do When an Offender, Georgia Resident or from Out of State,Reports to Your Office?

  17. First of all… • Understand some definitions • Not all definitions will be discussed today; please refer to 42-1-12 for additional information, SOR: The Law, pages 3 – 8.

  18. 42-1-12(a) Definitions.… • (1) Address is a street or route address • Must have a physical location • Obtain post office box for mailing purposes • (3) Area where minors congregate: • Depends on the code section • (5) Board • Sexual Offender Registration Review Board • AKA SORRB

  19. 42-1-12(a) Definitions…. • (6) Child Care Facility 42-1-12, 42-1-15, 42-1-16 • Public & private pre-kindergarten facilities, day-care centers, child care learning centers, preschool facilities, long-term care facilities for children • Child Care Facility 41-1-17 • Public & private pre-kindergarten facilities, day-care centers, preschool facilities • (10.1) Day Care Center • Day care center must receive pay for group care of 19 or more children (see statute )

  20. 42-1-12(a) Definitions…. • (7) Church • Place of public religious worship • (8) Conviction • Final judgment of conviction entered upon a verdict or finding of guilty of a crime, plea of guilty, or a plea of nolo contendere. • First Offenders: • Placed on the registry until sentence completed or adjudicated of guilt

  21. Criminal Offense Against a MinorMisdemeanor /Juvenile • Misdemeanor convictions for offenses cited in 42-1-12(a)(9) and (10) or conduct adjudicated in juvenile court are not registerable offenses. • Identify offenders with misdemeanor convictions or juvenile adjudications currently required to register • Identify at re-registration • Identified by offender notifying you • Not required to research all offender records to identify • Not required to notify offender – his responsibility to notify you • If offender is on probation/parole, notify probation/parole for removal • If offender is not under supervision, sheriff’s office will notify GCIC

  22. Out of State Misdemeanors / Juveniles • Must still register in GA, regardless of conviction, if registered in another state • Out-of-state misdemeanor sex offenses • Out-of-state juvenile sex offenders

  23. 42-1-12 (a) Definitions…..Dangerous Sexual Offense • (10)(A) • Dangerous sexual offense convictions OR the attempt to commit any criminal offense on or before June 30, 2006 • (10)(B) • Dangerous sexual offense convictions OR the attempt to commit any criminal offense after June 30, 2006 • Stat rapes: If exempt from registering but are on the registry, must petition the court to be removed • See statute for list of offenses

  24. 42-1-12(a) Definitions.… • (11) Institution of Higher Education • Private or public • community college • state university • state college • independent postsecondary institution

  25. 42-1-12(a) Definitions…. • (12) Level I Risk Assessment Classification • Sexual offender is a low risk of re-offending • (13) Level II Risk Assessment • Sexual offender is an intermediate sex offense risk with intermediate risk of re-offending • Three levels of classification: Level 1, Level 2, and Sexually Dangerous Predator

  26. 42-1-12(a) Definitions… • (14) Minor • 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 (Definition differs in statutes 42-1-15, 42-1-16, 42-1-17) • (15) Public and Community Swimming Pools • Municipal, school, hotel, motel, or any pool which access is granted for a fee. • Apartment complex pools, country club pools, subdivision pools open to residents and their guests • Does not include private pool or hot tub for single dwelling ~

  27. 42-1-12 (a) Definitions…. • (17) Risk Assessment Classification • Notification level into which a sexual offender is placed based on the board’s assessment • (18) School • Public and private kindergarten, elementary and secondary schools • (19) School Bus Stop • School bus stops designated by local school boards of education or by a private school - injunction

  28. 42-1-12 (a) Definitions Concluded • (21) Vocation • Full-time or Part-time or Volunteer employment • 14 consecutive days or aggregate period of 30+ days any calendar year

  29. 42-1-12 (a)(16) Required Registration InformationRefer to SOR: The Law, page 7Refer to the Form section: GA Sex Offender Registration Form • (A) Identifying Information • Name, SSN, age, race, sex, DOB, height, weight, hair color, eye color • Fingerprints and photograph • (B) Address • Any/all addresses • Permanent residence • Temporary residence (in or out of state) • Physical address, rural route, post office box

  30. 42-1-12 (a) (16)Required Registration…. • (C) If residence is a motor vehicle/trailer • VIN, tag number, description • (D) If residence is a mobile home • Permit number; name & address of the owner of the home, description (color), location • (E) Manufactured home • Name & address of the owner of the home, description (color), location

  31. 42-1-12 (a) (16) Required Registration…. • (F) Vessel, Live-aboard vessel, Houseboat • Hull ID number, serial number, name of said, registration number, description • (F.1) Homelessness • “Has no residence” • (G) Employment • Date of employment, place, address

  32. 42-1-12 (a) (16) Required Registration…. • (H) Vocation (Full-time, part-time, volunteer) • Place and address • (I) Vehicle • Make, model, color, tag number • (J) Institution of Higher Education • If enrolled, employed, or carrying on a vocation, provide name, address, county, campus, status

  33. 42-1-12 (a) (16)Required Registration…. • (K) Conviction Information • Crime committed for which he is registering • Date released from prison or placed on probation, parole, or supervised release.

  34. Initial Registration: What do I do?Refer to Operational Guidelines, page 1 • Set up case file and utilize the Sex Offender File Checklist (Forms: Page 1) • Offender completes the Georgia Sex Offender Registration Form (Forms: Section One) • Offender reads, initials, and signs the Georgia Sex Offender Registration Notification Form (Forms: Section Two) – do not send to GBI! • Provide offender copy of sex offender registration laws • Fingerprint offender on red fingerprint card or via live scan. DO NOT transmit to GCIC. • Obtain palm prints – not required

  35. Query Sex Offender Record for SRN SOQ Q U E R Y S E X O F F E N D E R ORI GAGBI0027 DRI __ CTL __________ PUR C ATN TATE/LET______________________ NAM KEELER, SAMUEL________________ SEX M RAC W DOB 19800602 SID ________ FBI ________ SOC ________ MNU ______

  36. Example of Sex Offender Record GCLT-7139 GACCH 08/25/05 09:02:57 - 08/25/05 09:02:56 56KLNB987RJ7 TXT THE FOLLOWING GEORGIA SEX OFFENDER RECORD PERTAINS TO: ORI/GAGBI0027 NAM/KEELER, SAMUEL SEX/M RAC/W DOB/19800602 FBI/ SOC/ SID/ MNU/ ******************************** RESPONSE - 1 ******************************** NAM/NAMEKEELER, SAMUEL SEX SEX/M RACRACE/W DOBDATE OF BIRTH/1980-06-02 HGTHEIGHT /603 WGTWEIGHT/181 HAIR/BRO EYES/BRO SMTSCARMARKTATOO/SC L kNEE SRNSYSTEM RECORD #/00009833 SIDSYSTEMIDNUMBER/2219673L OTN OFFENDERTRACKING#/00000000000 FBI/503357AB2 OCA/812748 SOCSS#/258350158 RESIDENCE COUNTY /MURRAY FAILED TO REPORT 0 TIMES ADRADDRESS/5498 HWY 411 NORTYH CITCITY/CHATSWORTH STASTATE/GA ZIP/30705 EMPLOYER/ ADR/ CIT/ STA/ ZIP/ COUNTY/000 SCHOOL/ ADR/ CIT/ STA/ ZIP/ COUNTY/000 CRIMECOMMITTED/3699 AGGRAVATED CHILD MOLESTATION COURTOFCONVICTION/SUPERIOR COU

  37. Example of Sex Offender RecordContinued GCLT-7139 GACCH 08/25/05 09:03:03 - 08/25/05 09:02:56 56KLNB987RJ7 CONVICTEDDATE/1995-01-09 CONVICTION STATE /GA TYPE /Sex offender, predator, aggravated offense, or multiple convictions /AGGRAVATED OFFENSE DNAONFILE/Y ABSCONDED/ AUTOMATICALLY FLAGGED W/ UNKNOWN ADDRESS IN ADDRESS FIELD REGISTERED/2004-08-11 VERIFIED/2005-08-09 EMPLOYER VERIFIED/ - - SCHOOL VERIFIED/ - - PHOTOS LOCATION /MURRAY PRINTS LOCATION /MURRAY PROVIDER AGENCY/DEPT OF CORRECTIONS - RELEASE AGENCY/ PHILLIPS STATE PRISON PROVIDER NAME PERSON ENTERED INFO /NAYLOR, DOLORES PROVIDER PHONE /770-932-4521 REMARKS ALIAS ADDITIONAL DOB ETC /AKA/KEELER, SAMUEL DAVID SMT/SC R KNEE LAST UPDATED FROM/00007068 County that last updated the record ******************************** END OF RECORD ********************************

  38. Example of Sex Offender RecordContinued GCLT-7140 - NCIC2 08/25/05 09:04:38 - 08/25/05 09:02:57 56KLNB987RJ7 1L0156KLNB987RJ714D GAGBI0027 *** SEXUAL OFFENDER REGISTRY INFORMATION *** THE SUBJECT IDENTIFIED IN THE FOLLOWING RECORD WITH NIC/X290637553 IS REGISTERED AS A CONVICTED SEXUAL OFFENDER. DO NOT SEARCH, DETAIN, OR ARREST BASED SOLELY ON THIS RECORD. ADDITIONAL INFORMATION REGARDING SUBJECT MAY BE AVAILABLE FROM THE INTERSTATE IDENTIFICATION INDEX. MKE/SEXUAL OFFENDER ORI/GAGBI0027 NAM/KEELER, SAMUEL SEX/M RAC/W DOB/19800602 HGT/603 WGT/181 EYE/BR0 HAI/BR0 FBI/503357AB2 SMT/SC L KNEE SOC/258350158 ORD/20040811 ERD/NONEXP SXP/N CRR/SEX OFFENSE CON/19950109 OCA/00009833 DNA/Y DLO/DNA L0CATED AT GBI - 404-244-2500 ORI IS GBI HEADQUARTERS ATLANTA 404 244-2600 ADDRESS - 5498 HWY 411 N0RTYH CHATSW0RTH, GA 30705 COUNTY - MURRAY NIC/X290637553 DTE/20040812 0719 EDT

  39. Initial Registration …. • Run criminal history • Run driver’s history • Run vehicle registration • Update registration info on VSO screen w/in two business days • Run GCIC SOQ (Sex Offender Query) inquiry to confirm information in GCIC and NCIC was updated

  40. Initial Registration • If the offender is a predator: • He / she must wear an electronic monitoring device {42-1-14(e)} • If on probation, probation provides it • If on parole, parole provides it • If not under supervision, sheriff’s office provides it • Predator should pay the cost, but if he cannot, the agency pays it • See GPS Monitoring of Sexual Predators (Forms: Page 8) • See Operational Guidelines, pages 10 - 13

  41. Initial Registration • Out-of-State Offenders • See Operational Guidelines, pages 14 - 15

  42. Initial Registration… • Update the list of all sex offenders and predators residing in the county. • Update within two business days (manually or electronically)the list of sex offenders displayed at the: • sheriff’s office • county administrative buildings • main administrative buildings of any municipal corporation • office of clerk of superior court • Provide updateto all schools or institutions of higher education, including campus police, located in the county within 72 hours.

  43. Initial Registration… • If the offender is employed, attends school or volunteers in another county, notify county via phone, fax or email • Add the new offender to your sheriff’s office website • Include name, age, address, physical description, crime of conviction including date and jurisdiction, photo, risk assessment classification • List all offenders who reside in your county • Recommend to include those who work and attend school but do not include name of business or school • Publish in the legal organ of your county (arrest photo), date, time, place of arrest and disposition of case & collect cost • 16-5-10

  44. Initial Registration …. • Determine if proximity laws apply, based on the date the offender committed the offense, not conviction • If applies, determine if residence and employment plan are in compliance • Measure from outer boundary of property on which the offender resides to the outer boundary of the restricted property. • Multi-family dwellings • Mobile home parks • Apartment complexes

  45. Proximity RestrictionsBased on Date of Offense • Prior to June 4, 2003 • June 4, 2003 – June 30, 2006 • July 1, 2006 – June 30, 2008 • On July 1, 2008 or After BASED ON 4 TIME PERIODS

  46. How do I Determine the Time Period? • Determine the date the crime was committed • Attain a copy of the indictment • Request offender to attain a certified copy from the clerk of superior court in county of conviction • Probation / Parole • Clerk of superior court in county of conviction

  47. What If….Offense Date is… • “About 2003” • Falls into two time periods • Prior to June 4, 2003 and June 4, 2003 – June 30, 2006 • Use least restrictive: Prior to June 4, 2003 • Count 1 indicates commit date is “about 2003”; Count 2 indicates commit date of “in and about December 2007” • If convicted on both counts or just Count 2, use July 1, 2006 – June 30, 2008 • If convicted only on “about 2003”, use prior to June 4, 2003, which is least restrictive

  48. What if….Offense date…. • First offense date is 2004, and later commits a second offense in October 2008 (and convicted) • Use the October 2008 to determine new restrictions • An out-of-state offender move to GA. His records were expunged due to retention limits. • If his records are expunged, more than likely he committed offense prior to June 4, 2003. • Does a charge of failure to register affect proximity restrictions? • No • Rule of Thumb: Use the least restrictive date

  49. Sex Offender Proximity RestrictionsBy Offense Date See matrix in manual SOR: The Law, page 32 - 34 See Operational Guidelines, pages 2 - 8

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