SOP 222.08: Sex Offender Registration

Division:: Facilities
Effective Date:: April 1, 2011
Reference Code:: IIG01-0001
Topic Area:: 222 Policy-Court/Release/Transport/Transfer
PowerDMS:: View on PowerDMS
Length:: 5,851 words

Summary

This policy establishes Georgia Department of Corrections procedures for managing sex offenders required to register under Georgia law. It applies to all state probation offices, facilities, private prisons, and GDC-managed units. The policy ensures compliance with O.C.G.A. §42-1-12 and related residency proximity laws to protect the public by monitoring the residence and employment of registered sex offenders.

Key Topics

sex offender registration
predatory act
sexually dangerous predator
sexually violent predator
sex offender registry
residency proximity
criminal offense against minor
dangerous sexual offense
sex offender monitoring
sex offender supervision
registration review board
public protection

Full Text

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|`Functional Area: `
`FACILITY OPERATIONS/`
`CORRECTIONS DIVISION`|`Reference Number: `
`IIG01-0001`|`Revises`
`Previous`
`Effective Date:`
`10/15/2008`|
|`Subject:`
`SEX OFFENDER REGISTRATION`|||
|`Authority:`
`Owens/Ward`|`Effective Date:`
`4/01/2011`|`Page``1`` of`
`20`|

I. POLICY:

   It will be the policy of the Georgia Department Of Corrections
   to comply with the provisions of O.C.G.A. 42-1-12, Sex
   Offender Registration and O.C.G.A. 42-1-15, 42-1-16, and 42-1   17 Sex Offender Residency Proximity, with regard to the
   management of those offenders required to register, and with
   the spirit of these laws in closely monitoring the residence
   and employment of these high-risk offenders in order to
   fulfill our mission of protecting the public. In accordance
   with this policy, the Georgia Department of Corrections will
   recognize and abide by the responsibilities and requirements
   in the following operating procedures.

II. APPLICABLITY:

   All State Probation Offices, All State and County Facilities,
   Private Prisons, Diversion Centers, Probation Detention
   Centers, Transition Centers, Units, Offices and Sections under
   GDC Management.

III. RELATED DIRECTIVES:

   A. O.C.G.A. 42-1-12 - Sex Offender Registration - Amended
      7-01-2006

   B. O.C.G.A. 42-1-15 - Residency Proximity for Registered Sex
      Offenders

   C. O.C.G.A. 42-1-16 – Residency Proximity for Registered Sex
      Offenders.

   D. O.C.G.A. 42-1-17 – Residency Proximity for Registered Sex
      Offenders.

|Functional Area:
FACILITY OPERATIONS/
CORRECTIONS DIVISION|Prev. Eff. Date:
10/15/2008|Page 2 of
20|
|---|---|---|
|`Functional Area:`
`FACILITY OPERATIONS/`
`CORRECTIONS DIVISION `|`Effective Date:`
`4/01/2011`|`Reference Number:`
`IIG01-0001 `|

   E. O.C.G.A. 42-1-19 – Removal From the Sex Offender
      Registry.

   F. House Bill 571.

   G. SOP IIIB01-0002 - First Offender Probationers

   H. SOP IIIB06-0001 - Transfer Between Circuits/Offices

   I. SOP IIIB07-0001 - Interstate Compact Transfer

   J. SOP IIIB03-0006 - Specialized Probation Supervision

   K. SOP IIB10-0002 - Release Procedures for Offenders.

IV. DEFINITIONS:

   A. PREDATORY ACT - An act directed at a stranger or a person
      with whom a relationship has been established or promoted
      for the primary purpose of victimization.

   B. Sexually Dangerous Predator:

      1. Any sexual offender who was designated as a sexually
         violent predator between July 1, 1996 and June 30,
         2006.

      2. Any sexual offender who is determined by the Sexual
         Offender Registration Review Board to be at risk of
         perpetrating any future dangerous sexual offense.

      3. Any offender who is designated as a predator,
         violent predator, or sexually dangerous predator by
         another state and relocates to Georgia.

   C. SEXUAL OFFENDER REGISTRATION REVIEW BOARD - A Board
      composed Under Title 43 follows: three (3) professionals
      licensed and knowledgeable in the field of the behavior
      and treatment of sex offenders; at least one
      representative from a victims’ rights advocacy group or
      agency and at least one representative from a law
      enforcement agency who is certified as a peace officer
      under Title 35. The members will be appointed by the
      Governor and will serve four (4) year terms.  The Board
      is attached to Department of Human Resources for
      administrative purposes. 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.

D. Minor:

   1. Any person under the age of 18.

   2. Any person an offender believes to be under the age
      of 18 at the time of offense.

E. CRIMINAL OFFENSE AGAINST A MINOR WITH RESPECT TO
   CONVICTIONS OCCURRING ON OR BEFORE JUNE 30, 2001 - 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 the following:

   1. Kidnapping of a minor, except by a parent;

   2. False imprisonment of a minor, except by a parent;

   3. Criminal sexual conduct toward a minor;

   4. Solicitation of a minor to engage in sexual conduct;

   5. Use of a minor in a sexual performance;

   6. Solicitation of a minor to practice prostitution; or

   7. Any conviction resulting from an underlying sexual
      offense against a victim who is a minor.

F. CRIMINAL OFFENSE AGAINST A MINOR WITH RESPECT TO
   CONVICTIONS OCCURING AFTER JUNE 30, 2001 – 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 the following:

   1. Kidnapping of a minor, except by a parent;

   2. False imprisonment of a minor, except by a parent;

   3. Criminal sexual conduct toward a minor;

   4. Solicitation of a minor to engage in sexual conduct;

   5. Use of a minor in a sexual performance;

   6. Solicitation of a minor to practice prostitution;

   7. Use of a minor to engage in any sexually explicit
      conduct to produce any visual medium depicting such
      conduct;

   8. Creating, publishing, selling, or distributing any
      material depicting a minor engaged in sexually
      explicit conduct;

   9. 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;

   10. Conspiracy to transport, ship, receive, or
      distribute visual depictions of minors engaged in
      sexually explicit conduct.

   11. Any conduct which, by its nature, is a sexual
      offense against a minor.

G. 'Dangerous sexual offense' with respect to convictions
   occurring on or before June 30, 2006, means any criminal
   offense, or the attempt to commit 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:

   1. Aggravated assault with the intent to rape in
      violation of Code Section 16-5-21;

   2. Rape in violation of Code Section 16-6-1;

   3. Aggravated sodomy in violation of Code Section 16-6      2;

   4. Aggravated child molestation in violation of Code
      Section 16-6-4; or

   5. Aggravated sexual battery in violation of Code
      Section 16-6-22.2.

H. DANGEROUS SEXUAL OFFENSE- with respect to convictions
   occurring on or after July 1, 2006 means any criminal
   offense, or attempt to commit a 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 the same or similar elements of the following
   offenses:

   1. Aggravated Assault With Intent to Rape 16-5-21;

   2. Kidnapping (victim under 14 except by a parent) 16      5-40;

   3. False Imprisonment (victim under 14 except by a
      parent) 16-5-41;

   4. Rape 16-6-1;

   5. Sodomy 16-6-2;

   6. Aggravated Sodomy 16-6-2;

   7. Statutory Rape 16-6-3;

   8. Child Molestation 16-6-4;

   9. Aggravated Child Molestation 16-6-4;

   10. Enticing a Child For Indecent Purposes 16-6-5;

   11. Sexual Assault Against a Person in Custody 16-6-5.1;

   12. Incest 16-6-22;

   13. Sexual Battery 16-6-22.1 (2 [nd] conviction);

   14. Aggravated Sexual Battery 16-6-22.2;

   15. Sexual Exploitation of Children 16-12-100;

   16. Electronically Furnishing Obscene Material to Minors
      16-12-100.1;

   17. Computer Pornography and Child Exploitation
      Prevention 16-12-100.2;

   18. Obscene Telephone Contact 16-12-100.3;

   19. Any conduct which but its nature is a sexual offense
      against a minor or an attempt to commit a sexual
      offense against a minor.

I. CONVICTION - 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.

   NOTE: 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, O.C.G.A.,
   relating to First Offenders, shall be subject to the
   registration requirements of this policy for the period
   of time prior to the defendant’s 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,
   O.C.G.A., relating to first offenders shall not be
   subject to the registration requirements of this code
   section upon the defendant’s discharge.

J. Vocation - any type of full - time, part - time or
   volunteer employment with or without compensation
   exceeding fourteen (14) consecutive days, or for an
   aggregate period of time exceeding thirty (30) days
   during any calendar year.

K. Childcare facility: all public and private pre   kindergarten facilities, day-care centers, childcare
   learning centers, preschool facilities, and long-term
   care facilities for children.

   1. Day Care Centers - Any place operated by a person,
      society, agency, corporation, institution, or group
      wherein are received for pay for group care for less
      than 24 hours per day, without transfer of legal
      custody, 19 or more children under 18 years of age.

   2. Childcare Learning Centers - A day-care center that
      participates in Georgia's Pre-K Program.

   3. Long-term care Facilities - A residential facility
      in which children reside in this location overnight.

L. School - all public and private kindergarten, elementary,
   and secondary schools.

M. Areas where minors congregate: all public and private
   parks and recreation facilities, playgrounds, skating
   rinks, neighborhood centers, gymnasiums, designated
   school bus stops (as designated by the local Board of
   Education, public libraries and public and community
   swimming pools.

   NOTE: School bus stops ate not being enforced at this
   time due to pending litigation.

N. Church - place of public religious worship.

O. Public and community swimming pools include municipal,
   school, hotel, motel or any pool to which access is
   granted in exchange for a daily fee. The term includes
   apartment complex pools, country club pools, or
   subdivision pools, which are open to residents of the
   subdivision and their guests. This term does not include
   a private pool or hot tub serving a single-family
   dwelling and used only by the residents of the dwelling
   and their guests.

   NOTE: A church or pool will have to be in operation
   in order to be used as a restricted area. For example, a
   pool closed for the winter is not to be considered a
   prohibited area until it opens for use.

P. Loiter - To be in a place without a legal purpose.

Q. Property Interest - A person has a property interest in
   the place they own and in a situation where they have a
   current lease. (An offender may remain in an apartment
   until the end of the current lease) In Georgia leases are
   good for only one year.

R. Photograph – means to take any picture, film or digital
   photograph, motion picture film, videotape, or similar
   visual representation or image of a person.

   S. Volunteer – to engage in an activity in which one could
      be, and ordinarily would be, employed for compensation,
      and which activity involves working with, assisting, or
      being engaged in activities with minors; provided,
      however, that such term shall not include participating
      in activities limited to persons who are 18 years of age
      or older or participating in worship services or engaging
      in religious activities or activities at a place of
      worship that do not include supervising, teaching,
      directing, or otherwise participating with minors who are
      not supervised by an adult who is not an individual
      required to register pursuant to Code Section 42-1-12.

V. ATTACHMENTS:

   Attachment 1 - Sex Offender Registration Notification (Revised
            07/01/2010) (Standardized Form Provided by
            GCIC)

   Attachment 2 - Certification of Sex Offender Registration
            (Probation)

   Attachment 3 - GCIC Operations Bulletin #98-07 (The Capture
            and Transmission of Facial Images)

   Attachment 4 - Registration Reference Guide

VI. PROCEDURE:

   A. The appropriate state official (probation officer or
      facility point of contact) will determine if the offender
      is required to register as a sex offender under O.C.G.A.
      42-1-12 as amended May 25, 2010. If an offender is
      incarcerated, the sex offender registration must be
      completed PRIOR to release, placement on Parole,
      supervised release or Probation.

   B. Offenders Required to Register:

      1. An offender convicted on or after July 1, 1996 of a
         criminal offense against a victim who is a minor;

2. An offender convicted on or after July 1, 1996 of a
   dangerous sexual offense;

3. An offender who has previously been convicted of a
   criminal offense against a minor or a sexually
   dangerous offense and is released from prison or
   placed on parole, supervised release or probation on
   or after July 1, 1996;

   NOTE: OFFENDERS SENTENCED TO DIVERSION CENTERS AND
   TRANSITIONAL CENTERS ARE MANDATED TO COMPLY WITH
   REGISTRATION REQUIREMENTS IN ACCORDANCE WITH
   PROBATIONERS SENTENCED TO COMMUNITY SUPERVISION.

4. An offender who 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, a
   criminal offense against a victim who is a minor on
   or after July 1, 1996 or a dangerous sexual offense
   on or after July 1, 1996;

5. An offender who is a nonresident sexual offender who
   changes residence from another state or territory of
   the United States to Georgia who is required to
   register under federal law, military law, tribal
   law, or the laws of another state or territory,
   regardless of when the conviction occurred;

6. An offender who is a nonresident sexual offender who
   enters this state for the purpose of employment or
   any other reason 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;

   NOTE: UPON NOTIFICATION THROUGH INTERSTATE
   COMPACT FROM ANOTHER STATE THAT A NON-RESIDENT OF
   GEORGIA WHO IS A REGISTERED SEX OFFENDER IS ENTERING
   GEORGIA FOR EMPLOYMENT OR TO CARRY ON A VOCATION AND
   MEETS THE ABOVE TIME FRAMES, GDC PROBATION DIVISION
   INTERSTATE COMPACT OFFICE WILL PROVIDE NOTIFICATION
   TO G.C.I.C. BY FAX ON THE SAME DAY.

   7. An offender who 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;

      NOTE: UPON NOTIFICATION THROUGH INTERSTATE
      COMPACT FROM ANOTHER STATE THAT A NON-RESIDENT OF
      GEORGIA WHO IS REGISTERED SEX OFFENDER IS ENTERING
      GEORGIA TO ATTEND SCHOOL, EITHER AS A FULL-TIME OR A
      PART-TIME STUDENT, GDC PROBATION DIVISION INTERSTATE
      COMPACT OFFICE WILL PROVIDE NOTIFICATION TO G.C.I.C.
      BY FAX THE SAME DAY.

C. Offenders not required to register:

   1. An offender convicted of a misdemeanor sex offense;

   2. An offender who was convicted in juvenile court of a
      sex offense.

D. Sex Offender Registration Requirements:

   1. Before a sexual offender who is required to register
      under O.C.G.A. 42-1-12 is released from prison or
      placed on parole, supervised release or probation,
      the Probation Officer or Facility Point of Contact
      shall explain the sex offender registration
      requirements to the offender and have the offender
      read (or be read) the "Sex Offender Registration
      Notification". (See Attachment 1). This notice must
      be signed by the offender, then witnessed and dated.
      A copy shall be furnished to the Georgia Bureau of
      Investigation. This notice must be faxed to the GBI
      on the same day it is signed .  The Probation Officer
      or Facility Point of Contact will retain a copy in
      the offender's case file, and the offender will be
      given a copy. The offender's case file will be
      marked on the top, front in red ink, "REGISTERED SEX
      OFFENDER". This action will be documented in the
      case notes in SCRIBE.

   2. Obtain the information necessary for the required
      registration information:

a. Required information means:

   1) Name, social security number, age, race,
      sex, date of birth, height, weight, hair
      color, eye color, fingerprints and
      photograph;

   2) 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;

   3) If the place of residence is a motor
      vehicle or trailer, provide the vehicle
      identification number, the license tag
      number, and a description, including color
      scheme, of the motor vehicle or trailer;

   4) If the place of residence is a mobile
      home, provide the mobile home location,
      permit number, the name and address of the
      owner of the home, a description including
      the color scheme of the mobile home and,
      if applicable, a description of where the
      mobile home is located on the property;

   5) If the place of residence is a
      manufactured home, provide the name and
      address of the owner of the home, a
      description including the color scheme of
      the manufactured home and, if applicable,
      a description of where the manufactured
      home is located on the property;

   6) If the place of residence is a vessel,
      live-aboard vessel, or houseboat, provide
      the hull identification number, the
      manufacturer’s serial number, the name of
      the vessel, live aboard vessel, or
      houseboat, the registration number and a
      description including the color scheme of

         the vessel, live-aboard vessel or
         houseboat;

      7) Date, place and address of employment;

      8) Place and address of vocation;

      9) Vehicle make, model, color and license tag
         number;

      10) 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
         the campus attended, enrollment and
         employment status;

      11) The name of the crime(s)for which the
         sexual offender is registering and the
         date released from prison or placed on
         probation, parole or supervised release.

3. The Probation Officer or Facility Point of Contact
   will inform the offender that he or she must
   register with the sheriff in the county of residence
   within 72 hours of release from incarceration or
   release to probation. The offender will be given
   "Certification of Sex Offender Registration" (see
   attachment 2) by the probation officer to take to
   the respective sheriff, to verify registration and
   to be returned to the probation officer within 5
   days of the intake appointment. Failure to register
   is a violation of criminal law. This action will be
   documented in the case notes in SCRIBE.

   Note: Electronic registration to the GBI should
   transmit within 72 hours of input. If offender is
   not showing on GBI registry with 72 hours notify the
   Sex Offender Administration Unit.

4. Inform the sexual offender that, if the sexual
   offender changes any of the required registration
   information, other than residence address, the
   sexual offender shall give the new information to

   the sheriff of the county with whom the sexual
   offender registered within 72 hours of the change of
   information; if the information is the sexual
   offender’s new residence address, the sexual
   offender shall give the information to the sheriff
   of the county with whom the sexual offender last
   registered within 72 hours PRIOR to moving and to
   the sheriff of the county to which the sexual
   offender is moving within 72 hours prior to moving.

5. The officer will inform the offender that if his/her
   residence changes to another state, the offender
   will register this new address with the sheriff with
   whom he/she last registered (and continue to keep
   this registration), and shall also register with a
   designated law enforcement agency in the new state
   NOT LATER THAN 72 HOURS after establishing residency
   in the new state. (Every state has a registration
   requirement.)

6. Obtain fingerprints and a current photograph of the
   sexual offender.

   a. The officer will use the digital camera
      provided for electronic sex offender
      registration to capture the offender’s facial
      image. The image must meet the FBI/GBI
      standards for mug shot images as described in
      GCIC Operating Bulletin 98-07 (Attachment 3).

   NOTE: IF THE OFFENDER’S APPEARANCE CHANGES
   SIGNIFICANTLY DURING THE PERIOD OF SUPERVISION, THE
   OFFICER WILL CAPTURE AND TRANSMIT THE OFFENDER’S
   CURRENT FACIAL IMAGE TO GBI TO UPDATE THE REGISTRY.

   NOTE: Fingerprints will be taken and submitted by
   the Sheriff’s Office.

7. The Probation Officer or Facility Point of Contact
   will use SCRIBE to immediately transmit the
   information described above to the GBI. All sex
   offenders will be registered electronically except
   in cases where the offender’s FBI number is
   unavailable or the system for electronic

      registration is inoperable. In these instances, the
      information will be transmitted to the GBI in the
      form of the offender’s printed SCRIBE Sentence
      Information and SCRIBE Personal Information and
      fingerprint cards will be obtained from the
      Sheriff’s Department and forwarded to GCIC.
      Transmittal of this information will be documented
      in the case notes.

   8. The Probation Officer or Facility Point of Contact
      will also obtain descriptive physical and behavioral
      information to assist law enforcement personnel in
      identifying the offender, offense history of the
      offender, and the documentation of any treatment
      received for any mental abnormality or personality
      disorder of the offender. (The officer is not
      required to obtain any information already on the
      criminal justice information system of the
      G.C.I.C.).

E. Registration of a Non-Resident Sex Offender Entering
   Georgia For Employment or School.

   NOTE: Upon notification through the submission of
   permission to travel by the supervising state, the
   Probation Interstate Compact Administrator, or designee,
   will immediately fax to G.C.I.C. the required
   registration information on the non-resident sex
   offender.

F. Registration of Georgia Sex Offenders Entering Another
   State for Employment, to Carry on a Vocation or Attend
   School.

   NOTE: Upon notification through the submission of
   permission to travel by the supervising probation
   officer, the Probation Interstate Compact Administrator,
   or designee, will immediately fax to G.C.I.C. the
   required registration information on the resident sex
   offender. G.C.I.C. will then forward the information
   electronically to the state to which the offender is
   traveling.

G. Period of Sex Offender Registration - An offender
   requiring registration under O.C.G.A. 42-1-12, (b)(1)(A)

   shall continue to comply with periods of registration
   under the following circumstances:

   1. For the entire life of the sexual offender.

   2. Until properly discharged without adjudication of
      guilt for those offenders sentenced pursuant to
      Article 3 of Chapter 8 of this title relating to
      first offenders. “Within 10 days of the filing of
      defendant’s 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 of guilt to the Georgia
      Bureau of Investigation and any sheriff maintaining
      records required under this code section.”

H. Petition for Removal From the Registry – An individual
   required to register under O.C.G.A. 42-1-12 may petition
   the Superior Court for release from registration
   requirements and from any residence or employment
   restrictions of this article if:

   1. Has completed all prison, parole, supervised
      release, and probation for the offense which
      requires registration and;

      a. Is confined to a Hospice Facility, skilled
         nursing home, residential care facility for the
         elderly, or nursing home;

      b. Is totally and permanently disabled; or

      c. Is otherwise seriously physically incapacitated
         due to injury or illness.

      d. Ten years has elapsed since the offender has
         completed all prison, parole, supervised
         release and probation for the offense which
         required registration.

      e. The offender has a Level I risk assessment
         classification.

   2. Was sentenced for a crime that became punishable as
      a misdemeanor on or after July 1, 2006.

   3. Is required to register solely because he or she was
      convicted of kidnapping or false imprisonment of a
      minor and such offense did not involve a sexual
      offense against a minor or the attempt to commit a
      sexual offense against a minor.

I. Verification of Sex Offender Registration

   1. The offender shall renew the required registration
      information with the sheriff in the county in which
      the sexual offender resides by reporting to the
      sheriff within 72 hours prior to such offender’s
      birthday each year to be photographed and
      fingerprinted.

      a. The Georgia Bureau of Investigation shall mail
         a non-forwardable verification form to the last
         reported address of the sexual offender within
         10 days prior to the sexual offender’s
         birthday;

      b. The offender shall be required by law to
         respond directly to the sheriff within 72 hours
         of the date of the form;

      c. The verification form stating that the offender
         still resides at the address last reported to
         the Georgia Bureau of Investigation shall be
         signed by the offender and retained by the
         sheriff; and

      d. If the offender fails to respond directly to
         the sheriff within 72 hours after receipt of
         the form, the offender shall be in violation of
         O.C.G.A. 42-1-12.

   2. Offenders classified by the sex offender
      registration review board as a sexually dangerous
      predator must register with the sheriff of the
      county of residence 72 hours prior to their birthday
      and 6 months following their birthday each year.

J. Enforcement of Proximity Requirements O.C.G.A. 42-1-15,
   42-1-16 and 42-1-17

1. Residence: To be determined by the date the
   registerable offense was committed.

   a. For offenses committed prior to June 4, 2003
      there will be no residency restrictions.

   b. For offenses committed between June 4, 2003 and
      June 30, 2006 residency restrictions will be
      determined by O.C.G.A. 42-1-17.

   c. For Offenses committed between July 1, 2006 and
      June 30, 2008 residency restrictions will be
      determined by O.C.G.A. 42-1-16.

   d. For offenses committed on or after July 1, 2008
      residency restrictions will be determined by
      O.C.G.A. 42-1-15.

   e. Residence restrictions can also be applied to
      an offender by conditions of Probation or
      Parole regardless of the date the offense was
      committed.

      NOTE:  When determining distance for those
      offenders who reside in an apartment complex,
      the 1000-foot measurement will be from the
      outside wall of the apartment to the outside
      barrier of the area where minors congregate
      (i.e. fence around a pool).

   f. Any offender in violation of the statute will
      be given seven (7) days to find a residence in
      compliance with the statute. The offender will
      provide the proposed residence address to the
      probation officer who will have seven (7) days
      to approve the new residence. Upon approval of
      the new residence, the offender will have ten
      (10) days to complete his/her move. This
      process shall be documented in SCRIBE.

2. Employment: To be determined by the date the
   registerable offense was committed.

   a. For offenses committed prior to June 4, 2003
      there will be no employment restrictions.

   b. For offenses committed between June 4, 2003
      and June 30, 2006 there will be no employment
      restrictions.

   c. For offenses committed between July 1, 2006 and
      June 30, 2008 use O.C.G.A. 42-1-16.

      Note: No individual who is a sexually dangerous
      predator shall be employed by or volunteer at
      any business or entity that is located within
      1,000 feet of an area where minors congregate.
      Such distance shall be determined by measuring
      from the outer boundary(s) of the property on
      which the offender resides to the outer
      boundary(s) of the location in which such
      individual actually carries out or performs the
      functions of his or her job to the outer
         boundary of the childcare facility,
      church, school, day care center or area where
      minors congregate at their closet points

   d. During the initial employment investigation
      and/or any subsequent employment investigation
      conducted in accordance with SOP IIIBO3-0006,
      the officer shall survey the area to determine
      if the offender’s employment is in compliance
      with O.C.G.A. 42-1-15. If a thorough visual
      survey indicates that the employment may be in
      violation of this code section, a measurement
      shall be taken utilizing the Global Positioning
      System (GPS) provided by the Department. All
      actions must be documented in SCRIBE.

   e. Employment restrictions can also be applied to
      an offender by conditions of Probation or
      Parole regardless of the date the offense was
      committed.

3. Exemptions:

   a. An offender may be granted an exemption to
      residence and employment restrictions if:

      1) An individual owns or leases real property
         and a school, child care facility, church

   or area where minors congregate thereafter
   locates itself within 1000 feet of such
   property.

2) An individual has established employment
   and a school, child care facility or
   church thereafter locates within 1000 feet
   of such employment.

3) 3) A Sexually Dangerous Predator has
   established employment and an area where
   minors congregate thereafter locates with
   1000 feet of such employment.

4) 4) An individual established property
   ownership, leasehold, or employment prior
   to July 1, 2006.

5) If an individual is notified that he or
   she is in violation of proximity
   restrictions, and if such individual
   claims that he or she is exempt from such
   prohibition pursuant to proximity law,
   such individual shall provide sufficient
      proof demonstrating his or her
   exemption to the sheriff of the county
   where the individual is registered within
   ten days of being notified of any such
   violation.

   (a) For purposes of providing proof of
   residence, the individual may provide a
   driver’s license, government issued
   identification, or any other documentation
   evidencing where the individual’s
   habitation is fixed.

   (b) For purposes of providing proof of
   property ownership, the individual shall
   provide a copy of his or her warranty
   deed, quitclaim deed, or voluntary deed,
   or other documentation evidencing property
   ownership.

            (c) For purposes of providing proof of
            employment, the individual may provide an
            Internal Revenue Service Form W-2, a pay
            check, or a notarized verification of
            employment from the individual’s employer,
            or other documentation evidencing
            employment. Such employment documentation
            shall evidence the location in which such
            individual actually carries out or
            performs the functions of his or her job.
            Documentation provided pursuant to this
            subsection may be required to be date
            specific, depending upon the individual’s
            exemption claim.

      NOTE: Regardless of local law enforcement’s decision
      to proceed with criminal sanctions, it is incumbent
      upon the probation officer to notify judiciary of
      said violation via a request for a warrant and/or
      delinquent report. Follow the judge’s guidance and
      document all actions in SCRIBE.

   4. Loitering

      It shall be unlawful for any individual required to
      register pursuant to Code Section 42-1-12 to loiter,
      as prohibited by Code Section 16-11-36, at any child
      care facility, school, or area where minors
      congregate.

   5. Photographing

      No individual shall intentionally photograph a minor
      without the consent of the minor’s parent or
      guardian.

K. Enforcement of Sex Offender Registration

   1. It will be the responsibility of the sheriff
      maintaining records required under O.C.G.A. 42-1-12
      to enforce the criminal provision of the Code
      section.

   2. Criminal Provisions:

      a. Failure to comply with the registration
         requirements of this Code Section is a felony
         offense and shall be punished by imprisonment
         for not less than one nor more than thirty
         years.

      b. Upon the second offense under this Code
         Section, the offender shall be guilty of a
         felony and shall be punished by imprisonment
         for not less that five nor more that 30 years.

      c. Any person who knowingly violates photography
         requirements of O.C.G.A 42-1-15 shall be guilty
         of a misdemeanor of a high and aggravated
         nature.

L. Administrative Supervision

   If a sex offender is placed on administrative supervision
   by recommendation of the probation officer and written
   agreement of the Chief Probation Officer, or by judicial
   mandate, violation of registration requirements will
   result in a delinquent report to the sentencing judge and
   a request for a revocation hearing as soon as the
   probation officer is notified or becomes aware of the
   violation.

M. Confidentiality

   The information collected under the state registration
   program shall be treated as private data except that:

   1. It may be disclosed to law enforcement agencies for
      law enforcement purposes.

   2. It may be disclosed to government agencies
      conducting confidential background checks.

   3. The Georgia Bureau of Investigation or any sheriff
      maintaining records shall release relevant
      information that is necessary to protect the public
      concerning any person required to register, except
      that the identity of a victim of an offense shall
      not be released.

      4. Law enforcement agencies, employees of law
         enforcement agencies, members of the Sex Offender
         Registration Review Board, and state officials shall
         be IMMUNE FROM LIABILITY FOR GOOD FAITH CONDUCT
         under this Code section.

VII. RETENTION SCHEDULE:

   A. Upon completion, the original of attachment 1 and 2 will
      be kept in the probationer's file.

   B. All files regarding registered sex offenders will be kept
      until proof of death of that offender. This will include
      non-sex offense cases.

   C. Once all probation obligations to the offender have
      expired, the case materials will be forwarded to Offender
      Administration in Central Office. If a case is
      transferred out the supervising office will close
      interest and send the offender’s case file to the
      sentencing circuit to be sent to Offender Administration
      to be digitally imaged into the offender document section
      of the departments offender database in the following
      order:

      1. All court ordered documents.

      2. Documents in order of SPS Intake Checklist.

      3. All other documents.

Attachments (4)

Georgia Sex Offender Registration Notification Form (3,237 words)
Certification of Sex Offender Registration (Probation) (79 words)
GCIC Operations Bulletin #98-07 - Capture and Transmission of Facial Images (1,159 words)
Registration Reference Guide (IIG01-0001 Attachment 4) (940 words)

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