1. Tonia Welch, Georgia Sheriffs’ Association 770.914.1076 ; 912-222-9099 twelch@georgiasheriffs.org August 9, 2011 1 Law Enforcement Sex Offender Registration: The Basics

2. Jacob Wetterling 1989: Abducted @ 11 years old, never to be found. 2

3. 3 Megan Kanka December 7, 1986 – July 29, 1994 7 years old Enticed into the home of a twice convicted pedophile, Jesse Timmendequas, who raped and murdered her.

4. Pam Lyncher 4 1990: Texas real estate agent was brutally attacked by twice-convicted felon, William David Kelley, while she waited to show a house.

5. 5 Jessica Lunsford 9-years-old 2005: Abducted from her bedroom by convicted sex offender John Couey; he buried her alive.

6. 6 Adam Walsh Six-years-old John Walsh, Father Abducted from Sears at a mall in Hollywood, FL on July 27, 1981. Later Found murdered and decapitated.

7. Creation of National Sex Offender Registry 7 Jacob Wetterling Act (1994 – Registration) Megan’s Law (1996 – Community Notification) Pam Lyncher Sexual Offender Tracking & Identification Act (1996 – creation of national database for tracking sex offenders & life registration for certain high-risk offenders) Jessica Lunsford Act (2006 – Florida statute that requires 25 yrs to life for certain crimes against 11 and younger, with lifetime tracking by GPS) Adam Walsh Child Protection and Safety Act (2006 - created a national sex offender registry)

8. Sex Offender Registry in Georgia 8 First implemented in Georgia 1996 Revised annually thru legislative session or case law. July 1, 2006 completely revised 2010 amended again & added new revisions (May 21, 2010) O.G.C.A. § 42-1-1242-1-16 42-1-13 42-1-17 42-1-14 42-1-18 42-1-1542-1-19

10. Corrections’ Role Before / During Incarceration 10 GDC determines if an offender is a sex offender If offender is sentenced & placed on probation Completes GBI registration/notification form Sends to GBI Places on registry If sentenced on and placed in prison No action if first time sex offense; once classified will be flagged as a sex offender If entering prison and is on sex offender registry, sheriffs’ office in county last registered in, must update GCIC

11. Corrections’ Role During / After Incarceration 11 During incarceration 12 months prior to expected discharge date 45 days prior to release Sheriff’s office will change address of offender to the ‘State Prison” Advises sexual offender of his obligations & requirements by law (offender read/signs GBI’s GA SOR Registration Notification Form) See Operational Guidelines, pages 19-20 After incarceration Most likely will be placed under supervision If a predator, will place a monitor on offender before leaves prison

12. What is: A Sex Offender? A Predator? 12 Sex Offender: 42-1-12 (a)(20)  Person convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense of this state, another state, territory, Uniform Code of Military justice, or tribal court, or  who is required to register under Code Section (e) and  must register in person {42-1-12 (f)(2)}  within 72 hours after release from prison, placement on parole, supervised release or probation with the sheriff’s office in the county where such person will reside. Sexually Dangerous Predator: Same as above but is determined most likely to commit another dangerous sexual offense.

13. Sex Offender must Register if... 42-1-12 (e) 13 (1 & 2) Convicted on or after July 1, 1996 of a criminal offense against a victim who is a minor or a dangerous sex offense (3 & 4) Previously convicted of a criminal offense against a victim who is a minor, a sexually violent offense, or dangerous sexual offense, and may be released from prison, parole, probation, supervised release on or after July 1, 1996

14. Sex Offender must Register if... 42-1-12 (e) 14 (5) Resident of Georgia who intends to reside in this state and convicted of: a sexually violent offense a criminal offense against a victim who is minor on or after July 1, 1999 or dangerous sexual offense on or after July 1, 1996 under the laws of: another state under the Uniform Code of Military Justice tribal court

15. Sex Offender must Register if... 42-1-12 (e) 15 (6) Nonresident who changes residence to Georgia and is required by laws to register, or who has been convicted in this state of a criminal offense against a victim who is minor or any dangerous sexual offense.

16. Sex Offender must Register if... 42-1-12 (e) 16 (7) Nonresident who enters Georgia – regardless if required by other laws to register - for the purpose of Employment Any other reason for a period exceeding 14 consecutive days Aggregate period of time exceeding 30 days during a calendar year (8) Nonresident offender attending school, part-time or full-time regardless of whether he was required to register under other laws.

17. What should you do When an Offender, Georgia Resident or from Out of State, Reports to Your Office? 17

18. First of all… 18 Understand some definitions Not all definitions will be discussed today; please refer to 42-1-12 for additional information, SOR: The Law, pages 3 – 8.

19. 42-1-12(a) Definitions.… 19 (1) Address is a street or route address Must have a physical location Obtain post office box for mailing purposes (3) Area where minors congregate: Depends on the code section (5) Board Sexual Offender Registration Review Board AKA SORRB

20. 42-1-12(a) Definitions…. 20 (6) Child Care Facility 42-1-12, 42-1-15, 42-1-16 Public & private pre-kindergarten facilities, day-care centers, child care learning centers, preschool facilities, long-term care facilities for children Child Care Facility 41-1-17 Public & private pre-kindergarten facilities, day-care centers, preschool facilities (10.1) Day Care Center Day care center must receive pay for group care of 19 or more children (see statute )

21. 42-1-12(a) Definitions…. 21 (7) Church Place of public religious worship (8) Conviction Final judgment of conviction entered upon a verdict or finding of guilty of a crime, plea of guilty, or a plea of nolo contendere. First Offenders: Placed on the registry until sentence completed or adjudicated of guilt

22. Criminal Offense Against a Minor Misdemeanor /Juvenile 22 Misdemeanor convictions for offenses cited in 42-1-12(a)(9) and (10) or conduct adjudicated in juvenile court are not registerable offenses. Identify offenders with misdemeanor convictions or juvenile adjudications currently required to register Identify at re-registration Identified by offender notifying you Not required to research all offender records to identify Not required to notify offender – his responsibility to notify you If offender is on probation/parole, notify probation/parole for removal If offender is not under supervision, sheriff’s office will notify GCIC

23. Out of State Misdemeanors / Juveniles Must still register in GA, regardless of conviction, if registered in another state Out-of-state misdemeanor sex offenses Out-of-state juvenile sex offenders

24. 42-1-12 (a) Definitions….. Dangerous Sexual Offense 24 (10)(A) Dangerous sexual offense convictions OR the attempt to commit any criminal offense on or before June 30, 2006 (10)(B) Dangerous sexual offense convictions OR the attempt to commit any criminal offense after June 30, 2006 Stat rapes: If exempt from registering but are on the registry, must petition the court to be removed See statute for list of offenses

25. 42-1-12(a) Definitions.… 25 (11) Institution of Higher Education Private or public community college state university state college independent postsecondary institution

26. 42-1-12(a) Definitions…. 26 (12) Level I Risk Assessment Classification Sexual offender is a low risk of re-offending (13) Level II Risk Assessment Sexual offender is an intermediate sex offense risk with intermediate risk of re-offending Three levels of classification: Level 1, Level 2, and Sexually Dangerous Predator

27. 42-1-12(a) Definitions… 27 (14) Minor Any individual under the age of 18 years and any individual that the sexual offender believed at the time of the offense was under the age of 18 years if such individual was the victim of an offense (Definition differs in statutes 42-1-15, 42-1-16, 42-1-17) (15) Public and Community Swimming Pools Municipal, school, hotel, motel, or any pool which access is granted for a fee. Apartment complex pools, country club pools, subdivision pools open to residents and their guests Does not include private pool or hot tub for single dwelling ~

28. 42-1-12 (a) Definitions…. 28 (17) Risk Assessment Classification Notification level into which a sexual offender is placed based on the board’s assessment (18) School Public and private kindergarten, elementary and secondary schools (19) School Bus Stop School bus stops designated by local school boards of education or by a private school - injunction

29. 42-1-12 (a) Definitions Concluded 29 (21) Vocation Full-time or Part-time or Volunteer employment 14 consecutive days or aggregate period of 30+ days any calendar year

30. 42-1-12 (a)(16) Required Registration Information Refer to SOR: The Law, page 7 Refer to the Form section: GA Sex Offender Registration Form 30 (A) Identifying Information Name, SSN, age, race, sex, DOB, height, weight, hair color, eye color Fingerprints and photograph (B) Address Any/all addresses Permanent residence Temporary residence (in or out of state) Physical address, rural route, post office box

31. 42-1-12 (a) (16) Required Registration…. 31 (C) If residence is a motor vehicle/trailer VIN, tag number, description (D) If residence is a mobile home Permit number; name & address of the owner of the home, description (color), location (E) Manufactured home Name & address of the owner of the home, description (color), location

32. 42-1-12 (a) (16) Required Registration…. 32 (F) Vessel, Live-aboard vessel, Houseboat Hull ID number, serial number, name of said, registration number, description (F.1) Homelessness “Has no residence” (G) Employment Date of employment, place, address

33. 42-1-12 (a) (16) Required Registration…. 33 (H) Vocation (Full-time, part-time, volunteer) Place and address (I) Vehicle Make, model, color, tag number (J) Institution of Higher Education If enrolled, employed, or carrying on a vocation, provide name, address, county, campus, status

34. 42-1-12 (a) (16) Required Registration…. 34 (K) Conviction Information Crime committed for which he is registering Date released from prison or placed on probation, parole, or supervised release.

35. Initial Registration: What do I do? Refer to Operational Guidelines, page 1 35 Set up case file and utilize the Sex Offender File Checklist (Forms: Page 1) Offender completes the Georgia Sex Offender Registration Form (Forms: Section One) Offender reads, initials, and signs the Georgia Sex Offender Registration Notification Form (Forms: Section Two) – do not send to GBI! Provide offender copy of sex offender registration laws Fingerprint offender on red fingerprint card or via live scan. DO NOT transmit to GCIC. Obtain palm prints – not required

36. Query Sex Offender Record for SRN 36 SOQ Q U E R Y S E X O F F E N D E R ORI GAGBI0027 DRI __ CTL __________ PUR C ATN TATE/LET______________________ NAM KEELER, SAMUEL________________ SEX M RAC W DOB 19800602 SID ________ FBI ________ SOC ________ MNU ______

37. Example of Sex Offender Record 37 GCLT-7139 GACCH 08/25/05 09:02:57 - 08/25/05 09:02:56 56KLNB987RJ7 TXT THE FOLLOWING GEORGIA SEX OFFENDER RECORD PERTAINS TO: ORI/GAGBI0027 NAM/KEELER, SAMUEL SEX/M RAC/W DOB/19800602 FBI/ SOC/ SID/ MNU/ ******************************** RESPONSE - 1 ******************************** NAM/NAME KEELER, SAMUEL SEX SEX /M RACRACE/W DOBDATE OF BIRTH/1980-06-02 HGTHEIGHT /603 WGTWEIGHT/181 HAIR/BRO EYES/BRO SMTSCARMARKTATOO/SC L kNEE SRNSYSTEM RECORD #/00009833 SIDSYSTEMIDNUMBER/2219673L OTN OFFENDERTRACKING# /00000000000 FBI/503357AB2 OCA/812748 SOCSS#/258350158 RESIDENCE COUNTY /MURRAY FAILED TO REPORT 0 TIMES ADRADDRESS/5498 HWY 411 NORTYH CITCITY /CHATSWORTH STASTATE/GA ZIP/30705 EMPLOYER/ ADR/ CIT/ STA/ ZIP/ COUNTY/000 SCHOOL/ ADR/ CIT/ STA/ ZIP/ COUNTY/000 CRIMECOMMITTED/3699 AGGRAVATED CHILD MOLESTATION COURTOFCONVICTION/SUPERIOR COU

38. Example of Sex Offender Record Continued 38 GCLT-7139 GACCH 08/25/05 09:03:03 - 08/25/05 09:02:56 56KLNB987RJ7 CONVICTEDDATE/1995-01-09 CONVICTION STATE /GA TYPE /Sex offender, predator, aggravated offense, or multiple convictions /AGGRAVATED OFFENSE DNAONFILE /Y ABSCONDED/ AUTOMATICALLY FLAGGED W/ UNKNOWN ADDRESS IN ADDRESS FIELD REGISTERED /2004-08-11 VERIFIED/2005-08-09 EMPLOYER VERIFIED/ - - SCHOOL VERIFIED/ - - PHOTOS LOCATION /MURRAY PRINTS LOCATION /MURRAY PROVIDER AGENCY/DEPT OF CORRECTIONS - RELEASE AGENCY/ PHILLIPS STATE PRISON PROVIDER NAME PERSON ENTERED INFO /NAYLOR, DOLORES PROVIDER PHONE /770-932-4521 REMARKS ALIAS ADDITIONAL DOB ETC /AKA/KEELER, SAMUEL DAVID SMT/SC R KNEE LAST UPDATED FROM/00007068 County that last updated the record ******************************** END OF RECORD ********************************

39. Example of Sex Offender Record Continued 39 GCLT-7140 - NCIC2 08/25/05 09:04:38 - 08/25/05 09:02:57 56KLNB987RJ7 1L0156KLNB987RJ714D GAGBI0027 *** SEXUAL OFFENDER REGISTRY INFORMATION *** THE SUBJECT IDENTIFIED IN THE FOLLOWING RECORD WITH NIC/X290637553 IS REGISTERED AS A CONVICTED SEXUAL OFFENDER. DO NOT SEARCH, DETAIN, OR ARREST BASED SOLELY ON THIS RECORD. ADDITIONAL INFORMATION REGARDING SUBJECT MAY BE AVAILABLE FROM THE INTERSTATE IDENTIFICATION INDEX. MKE/SEXUAL OFFENDER ORI/GAGBI0027 NAM/KEELER, SAMUEL SEX/M RAC/W DOB/19800602 HGT/603 WGT/181 EYE/BR0 HAI/BR0 FBI/503357AB2 SMT/SC L KNEE SOC/258350158 ORD/20040811 ERD/NONEXP SXP/N CRR/SEX OFFENSE CON/19950109 OCA/00009833 DNA/Y DLO/DNA L0CATED AT GBI - 404-244-2500 ORI IS GBI HEADQUARTERS ATLANTA 404 244-2600 ADDRESS - 5498 HWY 411 N0RTYH CHATSW0RTH, GA 30705 COUNTY - MURRAY NIC/X290637553 DTE/20040812 0719 EDT

40. Initial Registration …. 40 Run criminal history Run driver’s history Run vehicle registration Update registration info on VSO screen w/in two business days Run GCIC SOQ (Sex Offender Query) inquiry to confirm information in GCIC and NCIC was updated

41. Initial Registration 41 If the offender is a predator: He / she must wear an electronic monitoring device {42-1-14(e)} If on probation, probation provides it If on parole, parole provides it If not under supervision, sheriff’s office provides it Predator should pay the cost, but if he cannot, the agency pays it See GPS Monitoring of Sexual Predators (Forms: Page 8) See Operational Guidelines, pages 10 - 13

42. Initial Registration 42 Out-of-State Offenders See Operational Guidelines, pages 14 - 15

43. Initial Registration… 43 Update the list of all sex offenders and predators residing in the county. Update within two business days (manually or electronically) the list of sex offenders displayed at the: sheriff’s office county administrative buildings main administrative buildings of any municipal corporation office of clerk of superior court Provide update to all schools or institutions of higher education, including campus police, located in the county within 72 hours.

44. Initial Registration… 44 If the offender is employed, attends school or volunteers in another county, notify county via phone, fax or email Add the new offender to your sheriff’s office website Include name, age, address, physical description, crime of conviction including date and jurisdiction, photo, risk assessment classification List all offenders who reside in your county Recommend to include those who work and attend school but do not include name of business or school Publish in the legal organ of your county (arrest photo), date, time, place of arrest and disposition of case & collect cost 16-5-10

45. Initial Registration …. 45 Determine if proximity laws apply, based on the date the offender committed the offense, not conviction If applies, determine if residence and employment plan are in compliance Measure from outer boundary of property on which the offender resides to the outer boundary of the restricted property. Multi-family dwellings Mobile home parks Apartment complexes

46. Proximity Restrictions Based on Date of Offense Prior to June 4, 2003 June 4, 2003 – June 30, 2006 July 1, 2006 – June 30, 2008 On July 1, 2008 or After BASED ON 4 TIME PERIODS

47. 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

48. 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

49. 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

50. S EX O FFENDER P ROXIMITY R ESTRICTIONS B Y O FFENSE D ATE See matrix in manual SOR: The Law, page 32 - 34 See Operational Guidelines, pages 2 - 8

51. What if he’s Homeless? Homeless {42-1-12(f)(2.1)(5)}  Register in person  Register within 72 hours of release from prison or placement on parole, probation, supervised release, or entry from another state  Report change of sleeping location within 72 hours (before or after moving)  When moving to another location to sleep  When moving to another county – notifies both counties  Follows all registration requirements as sex offenders with a residence except as stated above

52. Initial Registration… 52 Verify offender lives at address given – document on Sex Offender Address Verification (Forms: Page 2) Sex Offender Address Verification Statement by Citizen(Forms: Page 3) Verify offender’s employment – document on Sex Offender Employment Verification form (Forms: Page 4) Verify enrollment at institution of higher learning Verify telephone number

53. Annual Re-Registration 53 Annually, each sex offender reports within 72 hours prior to his birthday to update or verify required information A predator reports within 72 hours prior to his birthday and six months following his birth month. Ex: If his birthday is January 15, advise him to report back within 72 hours prior to July 15.

54. Annual Re-Registration… 54 Use the Georgia Sex Offender Registration form or the Change of Information Form (Forms: Page 5) to document offender reporting.

55. Update of Required Information 55 When offender reports to update required information within 72 hours of any change to employment, school, or residence, you may use the Georgia Sex Offender Registration form or the Change of Information Form. If an offender on your registry dies, obtain a death certificate and forward to GBI (via email or fax.) Verify any residence/employment/school changes are in compliance with residency or employment provisions of law. Use the Official Notification of Violation of Residency/Employment Restrictions form (Forms: Page 7) to officially notify an offender that he is violation of the residency or employment restrictions.

56. Update of Required Information 56 If offender is relocating to another county, he must notify the residence county AND the county he plans to move to 72 hours PRIOR to moving It remains your responsibility to contact the receiving county (via email, phone, or fax the Sex Offender Change of Information Form) and verify the address is in compliance with the statute. Update website. If change in address, notify schools, institutions of higher learning, & campus police within 72 hours. Update GCIC within 72 hours of change of information.

57. The Sheriff’s Responsibilities… 57 Follow-up with a receiving county to confirm the offender in fact relocated. If the offender did not report to the receiving county, the last registered county must issue a warrant. If offender reports moving out of state Complete Sex Offender Change of Information form Update GCIC; place 000 in county code field (Note: must enter offenders complete out of state address.) Contact receiving state and fax registration info to that state If offender reports in 72 hours, remove from your active registry; if fails to report to receiving state, secure warrant.

58. The Sheriffs Responsibilities… 58 Incarceration in County/City Jail (Operational Guidelines, Page 20) Verify offender is incarcerated Update GCIC last registered address, put y in the incarcerated field; leave your county code in residence county (some exceptions) Advise all offenders if they are incarcerated, they must report in person to the sheriff in their last registered county upon release Sex Offender Incarceration Form; Forms: Page 6 Incarceration in Prison (Operational Guidelines, Page 19) Verify offender is incarcerated Update GCIC with State Prison in address field, and leave last registered county’s city, state, zip Put y in incarcerated field Incarceration in Transitional Center See Operational Guidelines, page 20

59. When to Update Offender’s GCIC Record 59 Update within 48 hours of registration after the offender reports: To your office for the initial registration To your office for the annual re-registration A change of address A new employer or changes employment The name of the school he is attending

60. Weekly or Monthly Reports Refer to Operational Guidelines, page 26 60 Verify: Sex offenders residing in your county Absconder records Incarcerated records Records that have never been verified or are overdue

61. Monthly Report: Sex Offender Statistical Data Form Refer to Forms Section, Pages 15-16 61 Complete every month by the 10 th and forward to twelch@georgiasheriffs.org or staylor@georigasheriffs.org twelch@georgiasheriffs.org staylor@georigasheriffs.org Information vital to collect for legislative purposes

62. Absconders Refer to Operational Guidelines, page 21, #17 62 Update sex offenders records with “address unknown” if: The offender fails to report to your office within 72 hours of the initial registration date The offender fails to report for the annual re-registration If you visit offender’s address and he has moved and failed to notify you within 72 hours You will receive an email or fax when GBI receives a tip on the possible location of the absconder

63. More on Absconders 63 Sex offender gives a bogus address before being released from prison: He never reports to the sheriff in the county of intended address; who takes the warrant? Which county registry should he be on: the county of the prison or the county of the bogus address? Why can’t I remove him from my registry if he never showed up in my county? What do I do? Keep him on your registry; show him as absconded; secure a warrant if possible; call the U.S. Marshals!

64. Out-of-State Absconders… 64 State A reports to Georgia that an offender is moving to X County; he never registers, but he is listed on the state registry as residing in my county. What do I do? Contact State A & inquire if they will secure a warrant If not, discuss with your prosecutor Secure a warrant if possible – he is in violation of GA law Show as an absconder and contact GCIC; in some cases he must remain on your registry, in others he can be removed Contact U.S. Marshals

65. Sheriff’s Responsibility to Notify 65 The sheriff of the county where the sexual offender resides or last registered is the primary law enforcement official charged with communicating the offenders whereabouts and any changes in registration information to the sheriff’s office of the county or counties where the sexual offender is employed, volunteers, attends an institution of higher education, or moves. Offender is not required by law to register in the county he is employed or attends school….

66. If the Sex Offender: 66 Fails to comply with the requirements… Provides false information… Fails to respond directly to the sheriff within 72 hours prior to his birthday… Sheriff’s office should secure a warrant for failure to register, violation of 42-1-12. He is guilty of a felony punishable for not less than one (1) nor more than 30 years; second offense is punishable for not less than five (5) nor more than 30 years.

67. Resources for Searching & Arresting Absconders 67 U.S. Marshal’s The National Center for Missing and Exploited Children’s National Sex Offender Targeting Center GDC Fugitive Squad / Sex Offender Apprehension Unit. This is a joint detail between GDC and the marshals. Contact Chief Inv. Keith Lank at 912-652- 4200 or 912-326-2608 (cell). Your local probation officer should be aware of this unit as well.

68. Petition the Court for Release from Registration Requirements * 42-1-19 Sex offenders must register for life May petition the court to be released from registration requirements See Operational Guidelines, Page 24 Filing a Petition See Operational Guidelines, Page 25

69. Additional Statutes 69 See SOR: The Law section, beginning with page 27-31

70. 70 D ISCUSSION Q UESTIONS A NSWERS

71. Christopher’s Alleged Molesters and Killers 71

72. Christopher Barrios 2001 – 2007 YouTube - CHRISTOPHER BARRIOS MEMORIAL VIDEO YouTube - CHRISTOPHER BARRIOS MEMORIAL VIDEO 72