For The Record

House committee wants to restore lengthy GPS monitoring for sex offenders

By: - March 5, 2020 9:43 pm

Hundreds of Georgia sex offenders deemed dangerous enough that they were forced to wear ankle monitors last year are no longer tracked in the wake of a March 2019 Georgia Supreme Court decision. Mario Tama/Getty Images

Georgia legislation that would lead to a lifetime sentence for people convicted of at least two felony sexual offenses moved through a House committee on Thursday.

State Rep. Steven Sainz filed House Bill 720 in response to a state Supreme Court ruling in 2019 that found it unconstitutional for law enforcement agencies to force sex offenders to be electronically monitored after they served their sentence. The bill, however, continues to generate criticism about its fairness in mandating life sentences.

The legislation clears the way for law enforcement to use more ankle monitors to track offenders after they are released from jail or prison. 

Sainz said the proposed law could give state and local law enforcement more oversight to keep vulnerable Georgians safe from potentially dangerous people.  

The Supreme Court decision released 400 sexual offenders classified by the state as dangerous predators from state GPS monitoring.

The legislation also requires an automatic judicial review after the offender serves 10 years on probation.That’ll give a judge a chance to review enough information to see if the sentence should be relaxed, Sainz said at Thursday’s House committee meeting.

“We know a sex offender is most likely to re-offend within a period of five years,” he said. “This allows us to have applicable information to make sure we’re not taking a tool that allows the safety of Georgians away prematurely but also not continuing this life probation on individuals that aren’t seemed to be a risk for re-offense.”

However, a representative of the Georgia Association of Criminal Defense Lawyers says that the measure is still too harsh.

Georgia law already requires life imprisonment or probation for anyone convicted of forcible rape, felony aggravated child molestation, felony aggravated sodomy and aggravated sexual battery.

“We believe that ankle monitoring should remain a requirement only for the people determined to have the greatest risk to reoffend and should remain discretionary for everyone else,” media chair Amanda Clark-Palmer said by email.

The life sentence also raises questions about what would happen if the offender’s probation is revoked, putting their fate in the hands of a judge.

“The consequence of that is that the person is not eligible for parole until they’ve served 30 years,” Clark-Palmer said.

The bill also proposes to allow local law enforcement agencies to post signs outside homes of sex offenders to warn trick-or-treaters to stay on away on Halloween.

A group of registered sex offenders filed a lawsuit against the Butts County Sheriff’s Office in 2019 for placing signs outside of sex offenders home, that included claims that the signs violated constitutional rights against forced speech.

Rep. Ed Setzler, a member of the committee, said that issue should be resolved by having state law give local jurisidcations the discretion to place the signs outside a sex offender’s residence.

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Stanley Dunlap
Stanley Dunlap

Stanley Dunlap has covered government and politics for news outlets in Georgia and Tennessee for the past decade. At The (Macon) Telegraph he told readers about Macon-Bibb County’s challenges implementing its recent consolidation, with a focus on ways the state Legislature determines the fate of local communities. He used open records requests to break a story of a $400 million pension sweetheart deal a county manager steered to a friendly consultant. The Georgia Associated Press Managing Editors named Stanley a finalist for best deadline reporting for his story on the death of Gregg Allman and best beat reporting for explanatory articles on the 2018 Macon-Bibb County budget deliberations. The Tennessee Press Association honored him for his reporting on the disappearance of Holly Bobo, which became a sensational murder case that generated national headlines.