SB468: SB468 Sexual Offender Risk Review Board; reporting requirements of sexual offenders; increase

26 LC 64 0104S The House Committee on Judiciary, Non-Civil offers the following substitute to SB 468: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 1 of Title 42 of the Official Cod e of Georgia Annotated,1 relating to sexual offender risk review board, so as to increas e reporting requirements of2 sexual offenders; to allow for increased monitoring of homeless sexual offenders; to provide3 a definition; to require sexual offenders to report internation al travel; to provide for4 placement of sexual offenders in risk assessment classifications when convicted of specific5 crimes; to amend Code Section 8-3-11 of the Official Code of Georgia, relating to creation6 of stable housing accountability programs, application process, minimum standards, approval7 criteria, and funding, so as to require stable housing accounta bility programs to report8 program applicants who are sexual offenders; to provide for rel ated matters; to repeal9 conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Article 2 of Chapter 1 of Title 42 of the Official Code of Geor gia Annotated, relating to13 sexual offender risk review board, is amended in Code Section 4 2-1-12, relating to State14 Sexual Offender Registry, by revising subparagraph (a)(16)(F.1) of and adding a new15 paragraph to subsection (a) and by revising subsection (f) to read as follows:16 S. B. 468 (SUB) - 1 - 26 LC 64 0104S "(10.1) 'Homeless' or 'homelessness' means:17 (A) Lacking a fixed, regular nighttime residence;18 (B) Living in a public or private place not designated as, or ordinarily used as, regular19 sleeping accommodations, including, but not limited to, a car, park, abandoned20 building, bus or train station, airport, or campground; or21 (C) Living in a supervised public or private shelter designate d to provide temporary22 living arrangements, including, but not limited to, hotels and motels paid for by federal,23 state, or local government programs or by charitable organizations, congregate shelters,24 and transitional housing.25 A sexual offender described in this paragraph shall comply with the applicable26 geographic restrictions imposed on offenders pursuant to this article."27 "(F.1) If the place of residence is the status of homelessness, information as provided28 under paragraph (2.1) (3) of subsection (f) of this Code section;"29 "(f) Any sexual offender required to register under this Code section shall:30 (1) Provide the required registration information to the appropriate official before being31 released from prison or placed on parole, supervised release, or probation;32 (2) Register in person with the sheriff of the county in which the sexual offender resides33 within 72 hours after the sexual offender's release from prison, county jail, or placement34 on parole, supervised release, probation, or entry into this state;35 (2.1)(3) In the case of a sexual offender whose place of residence is the status of36 homelessness who is homeless , in lieu of the requirements of paragraph (2) of this37 subsection, register in person with the sheriff of the county in which the sexual offender38 sleeps within 72 hours after the sexual offender's release from prison, county jail, or39 placement on parole, supervised release, probation, or entry into this state and provide a40 description detailing the location where he or she sleeps;41 (3)(4) Maintain the required registration information with the sheriff of each county in42 which the sexual offender resides or sleeps;43 S. B. 468 (SUB) - 2 - 26 LC 64 0104S (4)(5) Renew the required registration information with the sheriff of the county in which44 the sexual offender resides or sleeps by reporting in person to the sheriff within 72 hours45 prior to such offender's birthday each year to be photographed and fingerprinted;46 (4.1)(6) In the case of a sexual offender who resides in a state or pr ivately operated47 hospice facility, skilled nursing home, or residential health care healthcare facility, with48 the approval of the sheriff of the county where such sexual offender resides, the sexual49 offender may satisfy the annual registration requirements of pa ragraph (4) (5) of this50 subsection by registering at any time during the sexual offende r's month of birth. 51 Additionally, in the case of a sexual offender who resides in a state or privately operated52 hospice facility, skilled nursing home, or residential health care healthcare facility, with53 the approval of the sheriff of the county where such sexual offender resides, such sexual54 offender shall not be required to be fingerprinted pursuant to paragraph (4) (5) of this55 subsection but the sheriff shall be authorized to photograph the offender;56 (5)(7) Update the required registration information with the sheriff of the county in57 which the sexual offender resides within 72 hours of any change to the required58 registration information, other than where he or she resides or sleeps if such person is59 homeless. If the information is the sexual offender's new addr ess, the sexual offender60 shall give the information regarding the sexual offender's new address to the sheriff of61 the county in which the sexual offender last r egistered within 72 hours prior to any62 change of address and to the sheriff of the county to which the sexual offender is moving63 within 72 hours prior to establishing such new address. If the sexual offender is homeless64 and the information is the sexual offender's new sleeping location, within 72 36 hours of65 changing sleeping locations, the sexual offender shall give the information regarding the66 sexual offender's new sleeping location to the sheriff of the county in which the sexual67 offender last registered, and if the county has changed, to the sheriff of the county to68 which the sexual offender has moved; and69 S. B. 468 (SUB) - 3 - 26 LC 64 0104S (8) In the case of a sexual offender who is homeless, comply w ith any request by a70 provider of homeless assistance or services to disclose any information requested by the71 provider regarding the individual's status as a registered sexual offender; and72 (6)(9) Continue to comply with the registration requirements of this Code section for the73 entire life of the sexual offender, excluding ensuing periods of incarceration."74 SECTION 2.75 Said article is further amended in Code Section 42-1-13.1, relating to electronic tracking of76 sexual offenders and petitioning for exemption, by revising subsection (a) and adding a new77 subsection to read as follows:78 "(a)(1) A sexual offender shall be fitted by the Department of Community Supervision79 with a device capable of tracking the location of the sexual offender by means including80 electronic surveillance or global positioning satellite systems w h i l e h e o r s h e i s o n81 probation or parole and awaiting risk assessment classification from the board and when:82 (A) Such offender has previously been convicted of a felony sexual offense in violation83 of Chapter 6 of Title 16; or84 (B) His or her assigned community supervision officer determines that a special need85 exists for an offender to be fitted with such device due to the immediate danger to86 society the offender poses based upon a substantial risk of per petrating a future87 dangerous sexual offense.88 (2) Except when a petition for release has been granted pursuant to subsection (b) of this89 Code section, or a sexual offender is fitted for a location tra cking device pursuant to90 subsection (c) of this Code section, or location tracking has been issued as a condition of91 probation or term of parole, a sexual offender shall be released from the location tracking92 requirements of this Code section upon the conclusion of his or her term of probation or93 parole.94 S. B. 468 (SUB) - 4 - 26 LC 64 0104S (3) The costs relating to the fitting of a location tracking d evice and any monitoring95 thereof shall be borne by the sexual offender."96 "(c)(1) In addition to the authority granted in subsection (a) of this Code section, the97 Department of Community Supervision may fit a homeless sexual offender while he or98 she is on probation or parole with a device capable of tracking the location of the sexual99 offender by means including electronic surveillance or global p ositioning satellite100 systems:101 (A) When his or her assigned community supervision officer determines that a special102 need exists for the offender to be fitted with such a device due to his or her prior failure103 to timely or accurately report the place he or she sleeps, or the special need to ensure104 the offender is compliant with the applicable geographic restri ctions imposed on105 offenders pursuant to this article; or106 (B) Upon notification of the sheriff of the county in which a homeless sexual offender107 resides that the offender has failed to comply with the registration requirements of Code108 Section 42-1-12 or the applicable geographic restrictions impos ed on offenders109 pursuant to this article.110 (2) Every 90 days the Department of Community Supervision shall determine whether111 the special need for the location tracking device continues and may remove such device112 upon an assessment determining such device is no longer needed."113 SECTION 3.114 Said article is further amended in subsection (a) of Code Secti on 42-1-14, relating to risk115 assessment classification, classification as "sexually dangerous predator", reevaluations, and116 periodic reporting to sheriffs, by adding a new paragraph to read as follows:117 "(2.1) In addition to the requirements of paragraph (2) of this subsection, the board shall118 apply the following standards when placing a sexual offender convicted on or after July119 1, 2026, in a risk assessment classification level:120 S. B. 468 (SUB) - 5 - 26 LC 64 0104S (A) A sexual offender who is 18 years of age or older at the time of the offense shall121 be placed into a Level II risk assessment classification or cla ssified as a sexually122 dangerous predator if such offender is convicted of any of the following offenses:123 (i) Child molestation in violation of Code Section 16-6-4 if the victim is less than 12124 years of age;125 (ii) Enticing a child for indecent purposes in violation of Code Section 16-6-5 if the126 victim is less than 12 years of age;127 (iii) Incest in violation of Code Section 16-6-22 if the victim is a minor; or128 (iv) Sexual exploitation of children in violation of Code Section 16-12-100; and129 (B) A sexual offender who is 18 years of age or older at the time of the offense shall130 be classified as a sexually dangerous predator if such offender is convicted of any of131 following offenses:132 (i) Aggravated assault with the intent to rape in violation of Code Section 16-5-21;133 (ii) Kidnapping in violation of Code Section 16-5-40 which involves a victim who134 is less than 14 years of age, except by a parent;135 (iii) Trafficking an individual for sexual servitude in violat ion of Code136 Section 16-5-46;137 (iv) Rape in violation of Code Section 16-6-1;138 (v) Aggravated sodomy in violation of Code Section 16-6-2;139 (vi) Aggravated child molestation in violation of Code Section 16-6-4;140 (vii) Any second or subsequent conviction for sexual battery i n violation of Code141 Section 16-6-22.1; and142 (viii) Any second or subsequent conviction of an offense listed in subparagraph (A)143 of this paragraph."144 S. B. 468 (SUB) - 6 - 26 LC 64 0104S SECTION 4.145 Said article is further amended by adding a new Code section to read as follows:146 "42-1-20.147 (a) A sexual offender shall provide to the sheriff of the county of his or her residence and148 to his or her community supervision officer, if on probation or parole, information relating149 to intended travel outside the United States at least 21 days in advance of such travel. The150 information provided shall include, to the extent known, the anticipated dates and places151 of departure, arrival, and return; carrier and flight numbers f or air travel; destination152 country or countries and addresse s or other contact information therein; the means and153 purpose of travel; and any other itinerary or travel related in formation required by the154 community supervision officer or th e sheriff. Such information shall be included in the155 state sexual offender registry.156 (b) A sexual offender shall provide to the sheriff of the county of his or her residence and157 to his or her community supervision officer, if on probation or parole, any intention to158 commence residence, employment, or school attendance outside of the United States. 159 Upon receipt of such notice, the Georgia Bureau of Investigation shall immediately record160 the information in the state sexual offender registry and shall promptly communicate such161 information to:162 (1) All other jurisdictions in which the sexual offender is required to register; and163 (2) The United States Marshals Service.164 (c) The Georgia Bureau of Investigation shall update the National Sex Offender Registry165 and the National Crime Information Center to reflect information provided by the sexual166 offender pursuant to subsections (a) and (b) of this Code section and any other information167 required by federal law."168 S. B. 468 (SUB) - 7 - 26 LC 64 0104S SECTION 5.169 Code Section 8-3-311 of the Official Code of Georgia, relating to creation of stable housing170 accountability programs, application process, minimum standards , approval criteria, and171 funding, is amended by revising subsection (d) as follows:172 "(d) On or before January 1, 2025, the commission shall publish uniform state-wide173 minimum standards for a stable housing accountability program. At a minimum, to be174 certified as a stable housing accountability program, the program shall:175 (1) Provide voluntary, immediate, and stable housing to stable housing accountability176 program participants;177 (2) Limit the length of total residence for any person to 18 m onths or whenever the178 tenant who was the qualifying resident is able to obtain or is offered affordable housing,179 whichever is earlier;180 (3) Provide ongoing assistance to each resident for obtaining long-term affordable181 housing;182 (4) Require residents to be removed from the program if they f ail to meet specified183 accountability measures, including sustaining an honest, good-faith effort to achieve or184 maintain sobriety from drugs and alcohol;185 (5) Conduct regular inspections of common areas and residential units; and186 (6) Require qualifying residents:187 (A) To show proof of United States citizenship and execute an affidavit verifying188 continuous residency in this state for the previous 12 months;189 (B) To participate in free and relevant job training and educational opportunities until190 such resident obtains stable employment;191 (C) To engage in an active search and apply for stable employment;192 (D) Who obtain stable employment to maintain such employment s tatus as long as193 stable employment is available to them;194 S. B. 468 (SUB) - 8 - 26 LC 64 0104S (E) To participate in counseling, mental health care, and subs tance abuse treatment195 programs, as necessary;196 (F) To submit to regular drug and alcohol testing;197 (G) To abstain from criminal activity;198 (H) Who have minor children to ensure that such children receive adequate nutrition,199 health care, and education; and200 (I) To submit to regular review of compliance with applicable terms and conditions201 provided for in this Code section for stable housing accountability programs.;and202 (7) Require each applicant to disclose if the applicant is a r egistered sexual offender,203 including information on the offender's risk assessment classification, and any restrictions204 imposed by law that bar the applicant from loitering, working, or residing in certain205 locations. If an applicant discloses that he or she is a regis tered sexual offender, the206 program shall:207 (A) Inform such applicant whether the program applied for would place the applicant208 within 1,000 feet of any child care facility, church, school, o r other location where209 minors congregate; and210 (B) Report to the sheriff of the county in which the program o perates the name,211 address, and date of birth of such applicant if the applicant i s accepted into the212 program."213 SECTION 6.214 All laws and parts of laws in conflict with this Act are repealed. 215 S. B. 468 (SUB) - 9 -