Tonia Welch, Georgia Sheriffs’ Association770.914.1076 ; 912-222-9099 twelch@georgiasheriffs.org

August 9, 2011

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Law Enforcement Sex Offender Registration: The

Basics

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

found.

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Megan KankaDecember 7, 1986 – July

29, 19947 years old

Enticed into the home of a twice convicted pedophile,

Jesse Timmendequas,who raped and murdered

her.

Pam Lyncher

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

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Jessica Lunsford9-years-old

2005: Abducted from her bedroom by convicted sex offender John Couey; he buried her alive.

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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.

Creation of National Sex Offender Registry

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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)

Sex Offender Registry in Georgia

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First implemented in Georgia 1996Revised 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 42-1-1642-1-13 42-1-1742-1-14 42-1-1842-1-15 42-1-19

Corrections’ Role Before / During Incarceration

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GDC determines if an offender is a sex offenderIf offender is sentenced & placed on probation

Completes GBI registration/notification formSends to GBIPlaces on registry

If sentenced on and placed in prisonNo action if first time sex offense; once classified will

be flagged as a sex offenderIf entering prison and is on sex offender registry,

sheriffs’ office in county last registered in, must update GCIC

Corrections’ Role During / After Incarceration

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During incarceration12 months prior to expected discharge date45 days prior to releaseSheriff’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 19-20After incarceration

Most likely will be placed under supervisionIf a predator, will place a monitor on offender before

leaves prison

What is: A Sex Offender? A

Predator?

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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.

Sex Offender must Register if...42-1-12 (e)

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(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

Sex Offender must Register if...42-1-12 (e)

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(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 stateunder the Uniform Code of Military Justicetribal court

Sex Offender must Register if... 42-1-12 (e)

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(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.

Sex Offender must Register if... 42-1-12 (e)

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(7) Nonresident who enters Georgia – regardless if required by other laws to register - for the purpose ofEmployment Any other reason for a period exceeding 14

consecutive daysAggregate 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.

What should you do When an Offender,

Georgia Resident or from Out of State,

Reports to Your Office?

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First of all…

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Understand some definitionsNot all definitions will be discussed today;

please refer to 42-1-12 for additional information, SOR:

The Law, pages 3 – 8.

42-1-12(a) Definitions.…

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(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) BoardSexual Offender Registration Review BoardAKA SORRB

42-1-12(a) Definitions….

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(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 41-1-17Public & private pre-kindergarten facilities, day-

care centers, preschool facilities

(10.1) Day Care CenterDay care center must receive pay for group care

of 19 or more children (see statute )

42-1-12(a) Definitions….

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(7) ChurchPlace of public religious worship

(8) ConvictionFinal 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

Criminal Offense Against a MinorMisdemeanor /Juvenile

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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-registrationIdentified by offender notifying youNot required to research all offender records to identifyNot 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

Out of State Misdemeanors / Juveniles

Must still register in GA, regardless of conviction, if registered in another stateOut-of-state misdemeanor sex offensesOut-of-state juvenile sex offenders

42-1-12 (a) Definitions…..Dangerous Sexual Offense

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(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

42-1-12(a) Definitions.…

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(11) Institution of Higher EducationPrivate or public

community collegestate universitystate collegeindependent postsecondary institution

42-1-12(a) Definitions….

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(12) Level I Risk Assessment ClassificationSexual offender is a low risk of re-offending

(13) Level II Risk AssessmentSexual 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

42-1-12(a) Definitions…

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(14) MinorAny 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 PoolsMunicipal, 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 guestsDoes not include private pool or hot tub for single

dwelling ~

42-1-12 (a) Definitions….

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(17) Risk Assessment ClassificationNotification level into which a sexual offender

is placed based on the board’s assessment

(18) SchoolPublic and private kindergarten, elementary

and secondary schools

(19) School Bus StopSchool bus stops designated by local school

boards of education or by a private school - injunction

42-1-12 (a) Definitions Concluded

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(21) Vocation Full-time or Part-time or Volunteer employment 14 consecutive days or aggregate period of 30+

days any calendar year

42-1-12 (a)(16) Required Registration Information

Refer to SOR: The Law, page 7Refer to the Form section: GA Sex Offender

Registration Form

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(A) Identifying InformationName, SSN, age, race, sex, DOB, height,

weight, hair color, eye colorFingerprints and photograph

(B) AddressAny/all addresses

Permanent residenceTemporary residence (in or out of state)Physical address, rural route, post office

box

42-1-12 (a) (16)Required Registration….

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(C) If residence is a motor vehicle/trailerVIN, tag number, description

(D) If residence is a mobile homePermit number; name & address of the

owner of the home, description (color), location

(E) Manufactured homeName & address of the owner of the home,

description (color), location

42-1-12 (a) (16) Required Registration….

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(F) Vessel, Live-aboard vessel, HouseboatHull ID number, serial number, name of said,

registration number, description

(F.1) Homelessness“Has no residence”

(G) EmploymentDate of employment, place, address

42-1-12 (a) (16) Required Registration….

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(H) Vocation (Full-time, part-time, volunteer)Place and address

(I) VehicleMake, model, color, tag number

(J) Institution of Higher EducationIf enrolled, employed, or carrying on a

vocation, provide name, address, county, campus, status

42-1-12 (a) (16)Required Registration….

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(K) Conviction InformationCrime committed for which he is registeringDate released from prison or placed on

probation, parole, or supervised release.

Initial Registration: What do I do?

Refer to Operational Guidelines, page 1

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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

Query Sex Offender Record for SRN

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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 ______

Example of Sex Offender Record

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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/NAME KEELER, 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

Example of Sex Offender RecordContinued

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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 ********************************

Example of Sex Offender Record Continued

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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

Initial Registration ….

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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

Initial Registration

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If the offender is a predator:He / she must wear an electronic

monitoring device {42-1-14(e)}If on probation, probation provides itIf on parole, parole provides itIf not under supervision, sheriff’s office provides

itPredator should pay the cost, but if he cannot,

the agency pays itSee GPS Monitoring of Sexual Predators

(Forms: Page 8)See Operational Guidelines, pages 10 - 13

Initial Registration

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Out-of-State OffendersSee Operational Guidelines, pages 14 -

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Initial Registration…

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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 officecounty administrative buildingsmain administrative buildings of any municipal

corporationoffice of clerk of superior court

Provide update to all schools or institutions of higher education, including campus police, located in the county within 72 hours.

Initial Registration…

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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 websiteInclude name, age, address, physical description, crime of

conviction including date and jurisdiction, photo, risk assessment classification

List all offenders who reside in your countyRecommend 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

Initial Registration ….

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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 parksApartment complexes

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

How do I Determine the Time Period?

Determine the date the crime was committedAttain 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

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, 2008If convicted only on “about 2003”, use prior to June

4, 2003, which is least restrictive

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

SEX OFFENDER PROXIMITY RESTRICTIONS

BY OFFENSE DATE

See matrix in manual SOR: The Law, page 32 - 34

See Operational Guidelines, pages 2 - 8

What if he’s Homeless?

Homeless {42-1-12(f)(2.1)(5)} Register in person

Register within 72 hours of release from prison or placement on parole, probation, supervised release, or entry from another state

Report change of sleeping location within 72 hours (before or after moving) When moving to another location to sleep When moving to another county – notifies both counties

Follows all registration requirements as sex offenders with a residence except as stated above

Initial Registration…

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Verify offender lives at address given – document on Sex Offender Address Verification (Forms: Page 2)

Sex Offender Address Verification Statement by Citizen(Forms: Page 3)

Verify offender’s employment – document on Sex Offender Employment Verification form (Forms: Page 4)

Verify enrollment at institution of higher learning

Verify telephone number

Annual Re-Registration

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Annually, each sex offender reports within 72 hours prior to his birthday to update or verify required information

A predator reports within 72 hours prior to his birthday and six months following his birth month.Ex: If his birthday is January 15, advise him

to report back within 72 hours prior to July 15.

Annual Re-Registration…

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Use the Georgia Sex Offender Registration form or the Change of Information Form (Forms: Page 5) to document offender reporting.

Update of Required Information

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When offender reports to update required information within 72 hours of any change to employment, school, or residence, you may use the Georgia Sex Offender Registration form or the Change of Information Form.

If an offender on your registry dies, obtain a death certificate and forward to GBI (via email or fax.)

Verify any residence/employment/school

changes are in compliance with residency or employment provisions of law.Use the Official Notification of Violation of

Residency/Employment Restrictions form (Forms: Page 7) to officially notify an offender that he is violation of the residency or employment restrictions.

Update of Required Information

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If offender is relocating to another county, he must notify the residence county AND the county he plans to move to 72 hours PRIOR to moving

It remains your responsibility to contact the receiving county (via email, phone, or fax the Sex Offender Change of Information Form) and verify the address is in compliance with the statute.

Update website.

If change in address, notify schools, institutions of higher learning, & campus police within 72 hours.

Update GCIC within 72 hours of change of information.

The Sheriff’s Responsibilities…

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Follow-up with a receiving county to confirm the offender in fact relocated. If the offender did not report to the receiving county, the last registered county must issue a warrant.

If offender reports moving out of state

Complete Sex Offender Change of Information formUpdate GCIC; place 000 in county code field (Note:

must enter offenders complete out of state address.)Contact receiving state and fax registration info to

that stateIf offender reports in 72 hours, remove from your

active registry; if fails to report to receiving state, secure warrant.

The Sheriffs Responsibilities…

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Incarceration in County/City Jail (Operational Guidelines, Page 20)Verify offender is incarceratedUpdate GCIC last registered address, put y in the

incarcerated field; leave your county code in residence county (some exceptions)

Advise all offenders if they are incarcerated, they must report in person to the sheriff in their last registered county upon release

Sex Offender Incarceration Form; Forms: Page 6

Incarceration in Prison (Operational Guidelines, Page 19)Verify offender is incarceratedUpdate GCIC with State Prison in address field, and leave

last registered county’s city, state, zipPut y in incarcerated field

Incarceration in Transitional Center See Operational Guidelines, page 20

When to Update Offender’s GCIC Record

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Update within 48 hours of registration after the offender reports:To your office for the initial registration

To your office for the annual re-registration

A change of address

A new employer or changes employment

The name of the school he is attending

Weekly or Monthly ReportsRefer to Operational Guidelines, page 26

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Verify:Sex offenders residing in your

county

Absconder records

Incarcerated records

Records that have never been verified or are overdue

Monthly Report: Sex Offender Statistical Data

FormRefer to Forms Section , Pages 15-16

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Complete every month by the 10th and forward to twelch@georgiasheriffs.org or staylor@georigasheriffs.org

Information vital to collect for legislative purposes

AbscondersRefer to Operational Guidelines, page 21,

#17

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Update sex offenders records with “address unknown” if:The offender fails to report to your office within

72 hours of the initial registration dateThe offender fails to report for the annual

re-registrationIf you visit offender’s address and he has

moved and failed to notify you within 72 hoursYou will receive an email or fax when GBI

receives a tip on the possible location of the absconder

More on Absconders

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Sex offender gives a bogus address before being released from prison:He never reports to the sheriff in the county of

intended address; who takes the warrant?Which county registry should he be on: the

county of the prison or the county of the bogus address?

Why can’t I remove him from my registry if he never showed up in my county?

What do I do? Keep him on your registry; show him as absconded; secure a warrant if possible; call the U.S. Marshals!

Out-of-State Absconders…

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State A reports to Georgia that an offender is moving to X County; he never registers, but he is listed on the state registry as residing in my county.What do I do?

Contact State A & inquire if they will secure a warrantIf not, discuss with your prosecutor Secure a warrant if possible – he is in violation of GA

lawShow as an absconder and contact GCIC; in some

cases he must remain on your registry, in others he can be removed

Contact U.S. Marshals

Sheriff’s Responsibility to Notify

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The sheriff of the county where the sexual offender resides or last registered is the primary law enforcement official charged with communicating the offenders whereabouts and any changes in registration information to the sheriff’s office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves.

Offender is not required by law to register in the county he is employed or attends school….

If the Sex Offender:

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Fails to comply with the requirements…Provides false information…Fails to respond directly to the sheriff

within 72 hours prior to his birthday…

Sheriff’s office should secure a warrant for failure to register, violation of 42-1-12.

He is guilty of a felony punishable for not less than one (1) nor more than 30 years; second offense is punishable for not less than five (5) nor more than 30 years.

Resources for Searching & Arresting Absconders

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U.S. Marshal’sThe National Center for Missing and

Exploited Children’s National Sex Offender Targeting Center

GDC Fugitive Squad / Sex Offender Apprehension Unit. This is a joint detail between GDC and the marshals. Contact Chief Inv. Keith Lank at 912-652-4200 or 912-326-2608 (cell). Your local probation officer should be aware of this unit as well.

Petition the Court for Release from Registration

Requirements * 42-1-19

Sex offenders must register for life

May petition the court to be released from registration requirements See Operational Guidelines, Page 24

Filing a PetitionSee Operational Guidelines, Page 25

Additional Statutes

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See SOR: The Law section, beginning with page 27-31

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DISCUSSIONQUESTIONSANSWERS

Christopher’s Alleged Molesters and Killers

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Christopher Barrios2001 – 2007

YouTube - CHRISTOPHER BARRIOS MEMORIAL VIDEO

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