Law Enforcement Sex Offender Registry Seminar: Day to Day Operations

1. Law Enforcement Sex Offender Registry Seminar: Day to Day Operations Young Harris, GA August 10-11, 2011 Tonia Welch, Training Director Georgia Sheriffs’ Association 912-222-9099; twelch@georgiasheriffs.org

3. Proximity Restrictions Determined by Offense Date • OH HOW CONFUSING

4. 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

5. 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

6. 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

7. 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

8. “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

9. 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!!!

10. 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)

11. Incarceration • Timeline to remain on last registered county of residence • RULE OF THUMB: Six months

12. Search of Jails & Detention Centers for Absconders • Jails: No electronic means to query • Detention Centers: GDC

13. 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

14. 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?

15. 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

16. 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!

17. Juvenile Offenders • Residence proximity restrictions..what do I do??? • Operational Guidelines, Page 16

18. Predators • Where in the law does it state that the sheriff’s office must pay for the GPS if the offender doesn’t?

19. Removal From the Registry • Removal from the Registry • Guidelines & Policy, Page 24 • Filing the Petition • Guidelines & Policy, Page 25

20. Sex Offender Registration Policy • Does your office have one? • Why or why not????

21. 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

22. 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 • Nolleprosse case to allow arrest to function similar to probation violation detention….

23. 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

24. 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.

25. What can I do? • Know the laws “inside & out” • DOCUMENT - DOCUMENT – DOCUMENT • Develop a rapport with your DA • Educate other members of the criminal justice community • Educate your community • Don’t give up!

26. Partnership • Sheriff’s offices + Probation + Facilities + GBI + Review Board + U.S. Marshalls + Parole ++ C-O-M-M-U-N-I-C-A-T-I-O-N is the KEY to Successful Registering/Tracking/Monitoring/Supervision of Sex Offenders

27. Partnership with Probation & Prisons • Register • Technical 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

28. Constant Communication is KEY • Share conditions of probation • Continuous sharing of information between probation & sheriff’s office • Compare information • Change of employment • Change of address • New violations • Suspicious behavior

29. UPDATE SORT DIRECTORY • IMPORTANT – IMPORTANT - IMPORTANT

30. GSA Data Cost Form • REVISED!!!!!!!!! • IMPORTANT!!!!!!!!!! • COMPLETE MONTHLY!!!!!!!!! • Forms: Page 15-16

31. 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 SVO@gbi.ga.gov

32. File Organization

33. Registering * Tracking Monitoring * Prosecution Professionalism Perseverance Consistency Guidelines Mandated Law Diligence Seamless Uniformity

34. Discussion? Questions? Comments!