Travel Restrictions For Sex Offenders In Georgia: Can They Leave?

Georgia is a lifetime registration state. However, some registrants can petition for removal from the registry depending upon risk classification level.

If a person is required to register in another state and moves to Georgia, then they are required to register in Georgia.

Registration requirements for sex offenders in Georgia

In the state of Georgia, any sexual offender who is required to register under the Code section O.C.G.A. § 42-1-12 (f) must provide the required registration information to the appropriate official before being released from prison or placed on parole, supervised release, or probation.

The sexual offender must register in person with the sheriff of the county in which they reside within 72 hours of their release from prison or placement on parole, supervised release, probation, or entry into the state of Georgia. If the sexual offender is homeless, they must register with the sheriff of the county in which they sleep within 72 hours and provide the location where they sleep.

The sexual offender must maintain the required registration information with the sheriff of each county in which they reside or sleep. They must renew this information in person within 72 hours before their birthday each year to be photographed and fingerprinted. The offender must also update their registration information within 72 hours of any changes, including changes to their address or sleeping location. If the offender fails to comply with these requirements, they may be guilty of a felony and punished with imprisonment for up to 30 years.

Additionally, a sexually dangerous predator must report to the sheriff of their county of residence six months following their birth month to update or verify their registration information.

For non-residents visiting Georgia for more than 14 consecutive days or for an aggregate period exceeding 30 days during any calendar year, registration is required under OCGA 42-1-12(e)(7).

Restrictions on where sex offenders can live in Georgia

In Georgia, registered sex offenders are subject to restrictions on where they can live, depending on the date of their offence. If the offence occurred before June 4, 2003, there are no restrictions on the registrant's place of residence. For offences between June 4, 2003, and June 30, 2006, there are limitations on the location of the offender's residence, but not on their place of employment. In this case, the residence cannot be within 1000 feet of any location where children are likely to congregate, such as childcare facilities, schools, parks, playgrounds, and daycare centers.

The law previously prohibited sex offenders from living, working, or loitering within 1000 feet of any location where children gather. However, the Georgia Supreme Court ruled this law unconstitutional, citing arguments from civil rights groups that it would render large residential areas off-limits to registered sex offenders and could lead to offenders stopping reporting their whereabouts.

If the offence occurred after June 30, 2006, and on or before June 30, 2008, the registrant has restrictions on both their place of residence and employment. The residence must not be within 1000 feet of any childcare facility, church, school, park, playground, skating rink, neighborhood center, gymnasium, school bus stop, or public or community swimming pool. The place of employment must not be any childcare facility, school, or church, or any business within 1000 feet of these places.

Additionally, for those on parole or probation, there may be further restrictions on living in homes with children, and any address must be approved to ensure it meets the requirements.

Sex offender travel requirements in Georgia

Sex offenders in Georgia are required to register with the sheriff of the county in which they reside within 72 hours of their release from prison or placement on parole, supervised release, or probation. They must also register within 72 hours of any change to their registration information, including their address. If a sex offender changes residence to another state, they must register their new address with the sheriff of the county with whom they last registered and with a designated law enforcement agency in the new state within 72 hours of establishing residence in the new state.

Sex offenders in Georgia are subject to various restrictions on their activities and movements. These restrictions are based on the date of their offense and include limitations on where they can live and work, as well as prohibitions on loitering in certain areas and taking photographs of minors without the consent of their parent or guardian.

Sex offenders who are still serving a sentence (probation, parole, or supervised release) may be subject to additional travel restrictions imposed by their supervising officer. It is important for sex offenders to consult with their supervising officer before travelling to ensure they are complying with all applicable requirements.

Sex offenders who have completed their sentence may be eligible to petition for removal from the Georgia sex offender registry. The eligibility requirements and process for removal vary depending on the offender's risk classification, which is determined by a state agency using a risk assessment instrument. Low-risk offenders (Level 1) can petition for removal at any time, while moderate-risk offenders (Level 2) must wait ten years after the completion of their sentence before petitioning for removal. High-risk individuals (Level 3) are not eligible for removal under Georgia law.

Sex offender registration in Georgia

Who Must Register?

Any individual who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense must register. This includes:

• Persons convicted on or after July 1, 1996, of a dangerous sexual offense.
• Persons previously convicted of a criminal offense against a victim who is a minor and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996.
• Persons who have previously been convicted of a sexually violent offense or dangerous sexual offense and may be released from prison or placed on parole, supervised release, or probation on or after July 1, 1996.
• Persons who are a resident of Georgia and who are convicted under the laws of another state or the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense, a criminal offense against a victim who is a minor on or after July 1, 1999, or a dangerous sexual offense on or after July 1, 1996.
• A nonresident who changes residence from another state or territory of the United States or any other place to Georgia and is required to register as a sexual offender under federal law, military law, tribal law, or the laws of another state or territory, or who has been convicted in Georgia of a criminal offense against a victim who is a minor or any dangerous sexual offense.

Registration Process

Upon being released from prison, sex offenders must provide the Georgia Bureau of Investigation (GBI) and the local county sheriff's office where they will be living with their registration information. This information is then added to the sex offender registry at the county jail.

Pardons and Relocation

A pardon from the Georgia State Pardons and Paroles Board does not necessarily mean that a sex offender can be removed from the registry. In the case of State v. Davis, the Georgia Supreme Court ruled that for a pardon to allow a sex offender to relocate without registering their new address, the Board's order must directly state that the offender is free to do so.

Removal from the Registry

Under Georgia law, a convicted sex offender may file a petition with the sentencing court to request removal of their name and identity from the registry. This process is only available to those who:

• Have completed all prison, parole, supervised release, and probation for the offense which required registration.
• Are confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home; are totally and permanently disabled; or are otherwise seriously physically incapacitated due to illness or injury.
• Were sentenced for a crime that became punishable as a misdemeanor on or after July 1, 2006, and meet certain criteria.
• Are required to register solely because they were convicted of kidnapping or false imprisonment involving a minor and such offense did not involve a sexual offense against a minor or an attempt to commit a sexual offense against a minor.
• Have completed all prison, parole, supervised release, and probation for the offense which required registration and meet certain criteria.

72-Hour Rule

Once released from custody, sex offenders must register in person with the sheriff of the county in which they will be residing within 72 hours. This rule applies even to those who are homeless. Annual re-registration is also required within 72 hours of the person's birthday, during which they will be photographed and fingerprinted.

Juveniles

Juvenile court dispositions do not require registration as a sex offender. Only those who were tried and convicted as an adult must register.

Relocation

If a sex offender moves to Georgia from another state, they must appear at the Sheriff's Department within 72 hours of relocating and provide their new address. If a sex offender moves to another state, they must register their new address with the sheriff of the county where they last registered and with a designated law enforcement agency in the new state within 72 hours of establishing residence.

Failure to Register

Failing to register as a sex offender or providing false information is a felony offense. A first offense carries a sentence of 1 to 30 years, while a second offense carries a sentence of 5 to 30 years.

Removal from the sex offender registry in Georgia

Georgia is a "lifetime" registration state. However, some registrants can petition for removal from the registry. The requirements for removal are set out in OCGA 42-1-19.

The first requirement is that the person has completed all incarceration, parole, probation and supervision as part of the sentence for the sex offense.

If the person was convicted in Georgia, then the person can seek removal from the registry:

• If five years have passed since the end of the sentence; and
• If the person has been designated as a Level I (low) risk assessment classification by the Sex Offender Registration and Review Board ("SORRB").

If the person was convicted out of state, in federal court, in a military court, or in a tribal court, then the requirements are a bit more strenuous. Once the person’s sentence is complete, they can petition for removal from the registry:

• If ten years have passed since the end of their sentence;
• If the person has been designated as a Level I (low) risk assessment classification by the SORRB; and
• If the person has been removed from the registry in the other state and can provide proof to the court.

In addition to those requirements, the individual seeking removal must meet six other criteria that determine an offender’s eligibility. The offender must not have:

• Any prior convictions for sex crimes or crimes against minors
• Used a deadly weapon likely to cause serious harm during their sex offense
• Transported the victim during the offense
• Physically restrained the victim during the offense
• Intentionally caused the victim physical harm
• Evidence of similar transactions, such as uncharged sexual offenses or allegations of other sexual misconduct

If an offender is eligible, they can then file a petition for release in the Superior Court of the county where the individual was convicted or, if the offender is from out of state, the county where the individual lives. Copies must be served on the district attorney and sheriff of that county and on the sheriff of the county where the individual lives.

Typically, a sex offender will not have a risk assessment classification unless he or she has a recent conviction date. If the offender has not been classified by SORRB, the court will order SORRB to conduct a risk assessment and classify the offender’s risk level within 90 days. If the individual is classified as higher than a Level I, the individual can appeal SORRB’s decision under O.C.G.A. § 42-1-14.

If the SORRB classifies the individual as a Level I, or if ten years have elapsed since the offender completed their sentence, the case will proceed to a removal hearing where the judge must determine if the individual should be removed.

At the removal hearing, a judge will first determine if the individual is eligible to be removed under the factors discussed above. It is the offender’s burden to prove they are eligible for removal and that their removal from the Georgia Sex Offender Registry is warranted.

If an individual proves they are eligible for removal from the sex offender registry, the judge can release the individual from the registry if the judge determines by a preponderance of the evidence (more likely than not) that the offender “does not pose a substantial risk of perpetrating any future dangerous sexual offense.”

Different judges take different factors into consideration when making such a determination. Evidence of the original crime will of course be important, but the court will also examine the offender’s conduct in prison and on probation, parole, or supervised release, as well as all of his or her subsequent conduct. Judges also usually consider the length of time since conviction, as well as the offender’s criminal history, compliance with the registry requirements, employment status, and relationship status.

The offender can also present testimony from character witnesses who know the offender well and can testify that the offender does not present a risk to the community. The most compelling evidence is typically expert testimony from a psychologist or therapist who has treated and evaluated the individual.

If the court is satisfied that the offender does not pose a substantial risk of committing another sex offense, it may either completely remove the offender from the registry or lift only certain conditions of registration. The court can also grant the offender’s petition on a temporary or permanent basis.

If the court grants the petition, the court will send copies of its order to all sheriffs and district attorneys who were originally served with the petition as well as to the Georgia Department of Corrections and Georgia Bureau of Investigation so that they can take the steps necessary to remove the offender from the registry.

It’s also important to know the limitations of this relief. For one, this process can only remove you from the Georgia Sex Offender Registry. Each state runs its own registry and has its own rules, so being removed in Georgia has no bearing on an offender’s status in another state. Offenders should also know that, if their petition for removal is denied, the offender may not file a new petition for at least two years after the denial.

Frequently asked questions