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YOUNG HARRIS, GAAUGUST 10-11, 2011
TONIA WELCH, TRAINING DIRECTORGEORGIA SHERIFFS’ ASSOCIATION
912-222-9099; [email protected]
Law Enforcement Sex Offender Registry Seminar: Day to Day
Operations
Registered Sex Offendersin GA
08/01/10 08/01/11
Total Number in GA 18,668 20,170
Living in GA 15,287 16,433
Living Out-of-State 3,381 3,722
Incarcerated 3,275 3,719
On Parole 365* 365*
On Probation 6,600* 6436
Supervised by Sheriffs’ Offices
5,000* 5913
Predators 171 235
Predators Living Out-of-State 33 40
Absconders 348 350
Juvenile Offenders -- 22
Proximity Restrictions Determined by
Offense Date
OH HOW CONFUSING
3
Proximity RestrictionsSOR: The Law, Page 32-34
DATE of OFFENSE
Prior to June 4, 2003 * IMPLIED!!!!
June 4, 2003 – June 30, 2006
July 1, 2006 – June 30, 2008
On July 1, 2008 or After
BASED ON 4
TIME PERIODS
4
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
5
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
6
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
7
“One” Provision Changed in the Law in 2011
42-1-18 (b) changed language from “individual” to “sex
offender” cannot intentionally photograph a minor without consent of parent
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Eliminated!!
No longer required to collect the $250 from the offender at his annual registration
Struck effective May 20, 2010
HOWEVER, an oversight by statute authors left a provision in the law…..see SOR: The Law, page 12 (14)
Bottom line….do not collect $250!!!
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Incarcerated Sex Offenders
Operational Guidelines, Page 19 Removal from local registry if currently in
prison (#12) Return of offender to prison (#12)
Operational Guidelines, Page 20 Release from prison / completion of sentence
(#13) Registration in
County/City Jail or Probation Detention Center Transitional Center (#14)
10
Incarceration
Timeline to remain on last registered county of residence
RULE OF THUMB: Six months
11
Search of Jails & Detention Centers for Absconders
Jails: No electronic means to query
Detention Centers: GDC
12
Resources for Locating Absconders
GDC Fugitive Squad / Sex Offender Apprehension Unit Chief Inv. Keith Lank, 912-429-4474
The Sex Offender Tracking Team at the National Center
for Missing and Exploited Children
U.S. Marshal’s Service MUST have warrant USMS cannot pursue sex offender unless warrant has been taken MUST have extradition authority by DA USMS will assist on fugitive case whether fugitive is in state of
Georgia or out of state Due to manpower and financial issues, bring your best fugitive
cases (predator, serious offense, extensive criminal history) first
13
Homeless Sex OffendersMay 19, 2010 & Before VS May 20, 2010 & After
Cases in Point Ware Greene Coweta
Case Laws SORNA website: http://www.ojp.usdoj.gov/smart/caselaw.htm Update #31, #6 Branch v Indiana, 2009 Update #30, #4: U.S. v King, 2009 Update #28, #8 Commonwealth v Wilgus 2009 Update #26, #2 Tobar v Kentucky, 2009 Update #22, #6, Montana v Samples, 2008 Update #23, #1, Santos V State, 2008 Update #13, #1, Milliner v State, 2008 Update #3, #5 Commonwealth v Rosado, 2008
Where can they go?
14
Out of State Offenders
Out of State Offenders: How do I handle their cases? Operational Guidelines, Page 14-15
Out of State Predators: Why do I show all predators from out of state as a predator when GBI registry does not? Operational Guidelines, Page 19
15
Offenders in Military Venues
Thirteen bases in GA
Registering, tracking, monitoring on military base (FAQ, Page 5) Cannot enter a military base without permission Meet Provost Marshall Provide copy of Georgia statute Explain the sheriff’s office role Need their assistance in verifying
employment/resident restrictions. Request an escort Request their support if the offender does not
comply with the registry law. Develop a relationship!
16
Juvenile Offenders
Residence proximity restrictions..what do I do??? Operational Guidelines, Page 16
17
Predators
Where in the law does it state that the sheriff’s office must pay for the GPS if the offender doesn’t?
18
Removal From the Registry
Removal from the Registry Guidelines & Policy, Page 24
Filing the Petition Guidelines & Policy, Page 25
19
Sex Offender Registration Policy
Does your office have one?
Why or why not????
20
Disclaimer for the Website
O.C.G.A. 42-1-12 (i)(3) states "the Georgia Bureau of Investigation or any sheriff maintaining records required under this code section shall release relevant information collected under this code section that is necessary to protect the public." However, because this information is continually changing, the ______ County Sheriff's Office makes no expressed or implied guarantee concerning the accuracy of this information. Operational Guidelines, Page 18, 4th bullet
21
Prosecution Hic-cups
ADA declines to prosecute a case because of homeless issue (Coweta) (Ware) Fear of reversal of decision
Judges deciding offenders do not meet criteria specified in law (Cobb)
One solution? Discover violation Obtain warrant Proceed with prosecution Nolle prosse case to allow arrest to function similar
to probation violation detention….
22
Prosecution Hic-cups
ADA refuses to convict by using written statements from friends or family and refused to call to testify (Clayton)
Court-shopping for venues
23
PERSERVERANCE
Don’t allow the Judges who refuse to issue a warrant District attorneys who refuse to prosecute Judges who dismiss the charges
To discourage you!
Our job is to enforce the law to the best of our ability.
24
What can I do?
Know the laws “inside & out”DOCUMENT - DOCUMENT –
DOCUMENTDevelop a rapport with your DAEducate other members of the criminal
justice communityEducate your communityDon’t give up!
25
Sheriff’s offices + Probation + Facilities + GBI + Review Board + U.S. Marshalls + Parole ++
C-O-M-M-U-N-I-C-A-T-I-O-Nis the KEY to
Successful Registering/Tracking/Monitoring/Supervision
of Sex Offenders
Partnership26
Partnership with Probation & Prisons
RegisterTechnical Violation vs Case Investigation
Probation officers AUTHORITY given by the court
Deputies (law enforcement officers) AUTHORITY restricted by law
Technical violation of probation Not sufficient evidence to secure a warrant
Case investigation must be completed by the sheriff’s office
27
Share conditions of probationContinuous sharing of information between
probation & sheriff’s officeCompare informationChange of employmentChange of addressNew violationsSuspicious behavior
Constant Communication is KEY
28
UPDATE SORT DIRECTORY
IMPORTANT – IMPORTANT - IMPORTANT
29
GSA Data Cost Form
REVISED!!!!!!!!!IMPORTANT!!!!!!!!!!COMPLETE MONTHLY!!!!!!!!!
Forms: Page 15-16
30
GCIC Reminders
Name change for an offender Send birth certificate to GCIC
Deportation GCIC can run an IAQ to verify deportation
Check for missing photos; obtain and send to [email protected]
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Registering * Tracking Monitoring * Prosecution
Consistency
Uniformity
Guidel
ines
Seam
less
Perseverance
Diligence
Professionalism
Mandated Law
33
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