Sexual Offender Registration Review Board

Chapter 594-1 Sexual Offender Registration Review Board Rules of Sexual Offender Registration Review Board Chapter 594-1 Sexual Offender Registration Review Board Table of Contents

594-1-.01 Organization
594-1-.02 Member Compensation
594-1-.03 Administrative Assignment
594-1-.04 Risk Assessment and Classification

 

594-1-.01 Organization
All rules and regulations of the Georgia Sexual Offender Registration Review Board shall be administered by the Executive Director, Sexual Offender Registration Review Board, whose address is 2 Martin Luther King Jr. Drive, Suite 1416 West, Atlanta, Georgia 30334.

(a) Board Membership: The Sexual Offender Registration Review Board shall be composed of a minimum of six individuals which shall include three (3) professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victim's rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment.

1. Term of Membership: The Governor shall appoint the Board Members, on and after July 1, 2006. Members of the Board shall take office on the 1st day of September immediately following the expired term of that office and shall serve for a term of four (4) years and until the appointment of their respective successors. No member shall serve on the Board more than two (2) consecutive terms. 2. Appointment to Fill a Vacancy: Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. No person shall serve beyond the time he or she holds the office or employment by reason which he or she was initially eligible for appointment.

 

(b) Board Officers: The Board shall elect from its membership a Chairman and a Vice Chairman. The offices of Chairman and Vice Chairman shall be elected from among the members of the Board, to serve a term of one year with the option of re-election for an additional one-year term. Officers shall be elected at the last meeting prior to August 31 of each year and shall serve a term beginning September 1 of the year through the succeeding year's final Board meeting.

1. Chairman: The powers and duties of the Chairman shall be as follows: (i) Preside at all meetings of the Sexual Offender Registration Review Board and conduct said meetings in an orderly and impartial manner so as to permit a free and full discussion by the membership of such matters as may be before the Board; (ii) Have the same voting rights as any regular member; (iii) Establish and appoint any committees or task forces as may be deemed necessary by him, her, or the Sexual Offender Registration Review Board; (iv) Select and so designate the Chairman and members of each committee or task force; (v) Authenticate by his or her signature all official actions and/or resolutions adopted by the Board; (vi) Advise the Governor and the General Assembly on behalf of the Board, of the status of the Board's efforts and endeavors. (vii) Perform such other duties as the Governor, the General Assembly, or the Board may delegate to him or her. 2. Vice Chairman: The powers and duties of the Vice Chairman shall be as follows: (i) Perform all duties of the Chairman in the absence of the Chairman, or in the event of the inability of the Chairman to act; (ii) Have the same voting rights as any regular member; and (iii) Perform such other duties as the Governor, the General Assembly, the Chairman, or the Board may delegate to him or her.

(c) Meetings: The Board shall adopt an annual meeting schedule at its second scheduled meeting of the calendar year. Special called meetings of the Board may be held at the discretion of the Chairman, as he or she deems necessary.

1. Notice: Written notice of all regularly scheduled meetings of the Board, to include an agenda, shall be mailed or emailed to all members at least 5 working days prior to the date of such meeting, the time and location of the meeting shall be designated by the Chairman. In the event the Chairman deems it necessary, a special or called emergency meeting may be conducted pursuant to 24 hours notice to each member. Such notice may be provided by telephone. Any person desiring to be notified of pending Board meetings may request such, in writing, provided such person identifies the location at which he or she is to be notified and provided such person bears all costs associated with such notice. Additionally, information pertaining to the time, place and date of the Board's meetings as well as any meeting of a committee of the Board shall be available to the general public. This information shall be posted in the public area of the Board's office, any other place where the meeting is to be held, legal instrument of the county, and a local newspaper. 2. Minutes to be recorded: A record shall be kept of all actions of the Board. Such record shall describe the subject considered, the motions made, a brief summary of discussion on the motion, and results of the vote on the motion. Copies of the official minutes of all Board meetings shall be maintained by the Executive Director.

 

 

594-1-.02 Member Compensation

The members of the Board shall serve without compensation, but shall be entitled to an expense allowance and travel cost reimbursement same as members of certain other Boards and commissions as provided in Code Section 45-7-21.

 

594-1-.03 Administrative Assignment

The Sexual Offender Registration Review Board is assigned to the Department of Behavioral Health and Developmental Disabilities for administrative purposes only. The Board shall:

(a) Exercise its quasi-judicial, rule-making or policy making functions independent of the Department of Behavioral Health and Developmental Disabilities and without approval or control of the Department of Behavioral Health and Developmental Disabilities;

(b) Prepare its budget and submit its budgetary requests through the Department of Behavioral Health and Developmental Disabilities; and

(c) Employ its own personnel if the Constitution of this state or by statute of the General Assembly provides or authorizes the expenditure of funds therefore.

 

594-1-.04 Risk Assessment and Classification
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.

(a) The Board will carryout this responsibility using an empirically based, objective actuarial instrument of its choosing.

 

(b) The Board shall receive information from Department of Corrections, Prosecuting Attorney offices, Sheriff's offices, Georgia Bureau of Investigation, and others as deemed necessary and store such information related to sexual offenders who have been assigned for review for a period of not less than three (3) years from the date of risk level assignment and acceptance. These records would then be archived to the State Archiving facility for a period of seven (7) years.

 

(c) The Board shall place sexual offenders into one of the following risk assessment categories:

1. Level I: A sexual offender placed into the level 1 assessment classification has been determined by the Board to have a low recidivism risk for future sexual offenses. 2. Level II: A sexual offender placed into the Level II risk assessment classification has been to have an intermediate risk for future sexual offenses. This group of sexual offenders shall include all sexual offenders who do not meet the criteria for classification either as a sexually dangerous predator or for Level I risk assessment.   3. Sexually Dangerous Predator: A sexual offender placed into the Sexually Dangerous Predator risk assessment classification has been determined by the Board to be at risk of perpetrating any future dangerous sexual offense as defined by law.

(d) The Board shall notify the sexual offender by first class mail of its determination of his or her risk assessment classification. Except as provided in subsection (f), the Board's risk assessment classification shall become final thirty days after the date of the notification letter to the sexual offender.

(e) If the Board determines that a sexual offender should be classified as a Level II offender or as a Sexually Dangerous Predator, the sexual offender may petition the Board to reevaluate his or her classification as follows:

 

   1) Within thirty (30) days from the date of the letter notifying the sexual offender of his or her classification ("notification letter"). The sexual offender shall submit his or her written petition for reevaluation to the Executive Director of the Board. The sexual offender shall have sixty (60) days from the date of the notification letter to submit information (As provided in O.C.G.A. § 42-1-12 (a)(2) in support of the sexual offender's petition for reevaluation. If the sexual offender fails to submit the petition or supporting documents within the timeframe provided the initial classification shall become final. The Board shall notify the sexual offender by first class mail of its decision on the petition for reevaluation of risk assessment classification and shall send a copy of such notification to the Georgia Bureau of Investigation, the Department of Corrections, the Sheriff of the county where the sexual offender resides, and the sentencing court, if applicable.

 

   2) If ten (10) years have elapsed since a sexual offender has been classified by the Board as a level II offender or a Sexually Dangerous Predator, and such offender has not engaged in any additional criminal conduct of a violet or sexual nature, such offender shall be eligible to petition for re-evaluation of his or her classification. Such a petition for re-evaluation shall be made in writing to the Board and the petitioner may submit information to the Board as provided in O.C.G.A. § 42-1-14(a)(2). The information submitted by the sexual offender shall be reviewed and the Board shall notify the sexual offender by first class mail of its decision regarding the risk assessment classification and if there are any changes to the original classification. The Board shall send a copy of such notification to the Georgia Bureau of Investigation, the Department of Corrections, the Sheriff of the county where the sexual offender resides and sentencing court, if applicable.

(f) The Board shall send a copy of the final risk assessment classification to the Georgia Bureau of Investigation, the Department of Corrections, the Sheriff of the county where the sexual offender resides, and the sentencing court, if applicable.

 

(g) Appeal to superior court: A sexual offender who was either convicted of a sexually dangerous offense, or offense against a victim who is a minor on or after July 1, 2006, or who was incarcerated for a sexually dangerous offense, or offense against a victim who is a minor on or after July 1, 2006, and is classified by the Board as a sexually dangerous predator or Level II sexual offender may appeal his or her classification in the superior court in the county where the offices of the Board are located within thirty (30) days of the date of the final decision classifying the offender as a sexually dangerous predator or Level II sexual offender.

 

   1) The sexual offender shall name the Board as defendant. The Board shall be served by personal service upon the Executive Director. Notice shall also be submitted to the Office of the Attorney General.

 

Authority O.C.G.A Secs. 42-1-13, 42-1-14. History. Original Rule entitled "Risk Assessment and Classification" adopted. F. Mar. 14, 2007; eff. Apr. 3, 2007. Amended: F. Sept. 14, 2009; eff. Oct. 4, 2009.