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The Capitol Report: State House Approves Bill to Reinstate Restrictions on Sex Offenders
Published Feb 6, 2008
The Georgia House of Representatives approved a bill last week which will reinstate residency restrictions on convicted sex offenders in Georgia.
House Bill 908, which I introduced and which was co-sponsored by House Majority Leader Jerry Keen (R-St. Simons), was a response to a decision by the Georgia Supreme Court in November.
In 2006, Georgia enacted one of the toughest laws in the nation on sex offenders and sexual predators. That law increased penalties for those convicted of sexual abuse of children and set up restrictions preventing these same people from living and working within 1,000 feet of a child care facility, church, school, or other specified areas where minors congregate.
This law was passed to prevent a tragedy such as the Jessica Lunsford case in Florida from occurring in Georgia. Other states have moved to pass similar laws, many of which are modeled after Georgia’s.
In November, the Georgia Supreme Court issued a ruling which upheld the constitutionality of the work restrictions, but struck down the residency restrictions. The Court’s basis for its decision focused on one specific scenario: the case in which an offender moves into a non-restricted area first, purchases a home and then a child care facility, church, school or similar facility later locates within the restricted zone.
Without new legislation, the effect of the ruling is to leave Georgia with no residency restrictions because of this one concern.
House Bill 908 responds to the Court’s decision by exempting offenders who move in and purchase a home first from the restrictions.
In addition, the bill adds libraries to the list of protected areas and includes volunteer status on the work restrictions.
Parents and grandparents in Georgia have expressed appreciation for the protections of this law. I believe it is important to do everything possible to make sure that those convicted of crimes involving child sexual abuse have no opportunity to loiter around areas where our children go to learn and play.
Without this bill, Georgia is in danger of becoming a “safe haven” for convicted sex offenders and sexual predators. Because our law has been used as an example, many other states, including most of those which border Georgia, have adopted residency restrictions. Prompt action is required to get this legislation passed and sent to the governor.
I am pleased with the overwhelming vote of support in the State House for House Bill 908. It is my hope that the State Senate will take this bill up soon and give it the same kind of strong support.
Please let me hear your thoughts and opinions. You may phone me at (404)656-5943 or contact me by e-mail at dralston1@etcmail.com.
Comments
2 comment(s) on this page. Add your own comment below.
In 2006, members of this august body passed HB1059, against the advice of sex offender management experts, therapist, law enforcement and victim advocates. Since then, we have seen over one hundred lawsuits causing the state to defend the bill at a horrendous cost to Georgia Taxpayers. We must move from retributive justice to restorative justice if we are to solve this problem. Here are a few simple steps we can take in the forthcoming session to implement a sensible law, one that actually protects children while preserving the rights of not only the offenders, but more importantly their wives, children, parents and siblings and will withstand constitutional scrutiny. First, we need to recognize that a therapy first paradigm is essential for any successful reintegration back into society and that experts agree and empirical evidence proves that sex offenders are less likely to re-offend if they live and work in an environment free of harassment. In this regard, I suggest that Mr. Ralston has this completely wrong. We cannot go forward until we do indeed have this discussion. Under his guidance, HB908 will be nothing but a repeat of the mistakes made in HB1059. Please, do not allow this to happen.Stop our Legislature from grandstanding call them then vote them out of office. Second, we need to implement a radical new approach to risk assessment, and provide adequate funding for successful programs.
An obvious unconstitutional act by Ralston is based on a fear-for-votes agenda. Ralston obviously doesn't care about the families and children of sex-offenders, who suffer to reassure Ralston can retain his position of power over American Citizens. When citizens permit this type of restriction to exist, they give people like Ralston the opportunity to take the next step toward the removal of freedom that our country guarantees. Ralston has done nothing but make a difficult situation worse for all Americans under his thumb. Georgia voters should oust him and begin to discuss how to heal, improve, and prevent improper behaviors, and that includes both criminal and political offenses.
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