O.C.G.A.
O.C.G.A.

O.C.G.A. § 42-1-13 (2019)

Sexual Offender Risk Review Board; composition; appointment; administration and duties; immunity from liability

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The Sexual Offender Risk Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims’ 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. The members of the board shall be appointed by the commissioner of behavioral health and

developmental disabilities for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (b) The board shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes and, provided there is adequate funding, shall: (1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (3) Hire its own personnel, including, but not limited to, administrative personnel and clinical evaluators. (c)(1) The board shall acquire, collect, and analyze information, including, but not limited to, criminal history record information, in determining a sexual offender’s risk assessment as provided for under Code Section 42-1-14. (2) The board may employ investigators under the board’s administration and supervision to complete the duties provided for under paragraph (1) of this subsection. The Georgia Bureau of Investigation shall maintain at least one position under the bureau’s administration and supervision which shall facilitate the provision of summarized criminal history record information to the board from the Georgia Crime Information Center and the National Crime Information Center. (d) Members of the board shall be immune from liability for good faith conduct under this article.

History

Code 1981, § 42-1-13, enacted by Ga. L. 2006, p. 379, § 24/HB 1059; Ga. L. 2009, p. 453, §§ 3-2, 3-3/HB 228; Ga. L. 2012, p. 985, § 2/HB 895; Ga. L. 2021, p. 417,

§ 3/HB 495; Ga. L. 2023, p. 637, § 6-2/HB 188, effective May 4, 2023. The 2021 amendment, effective July 1, 2021, in paragraph (b)(3), inserted a comma following “including” and “but not

limited to”; and substituted the present provisions of subsection (c) for the former provisions, which read: “Any investigator who, as of June 30, 2012, was employed by the board shall be transferred to the Georgia Bureau of Investigation on July 1, 2012, and shall no longer be under the administration or supervision of the board, except as required to provide the board with information as set forth in paragraph (15) of subsection (a) of Code Section 35-3-4. The executive director of the board shall arrange administratively for the transfer of any equipment relating to the transfer of such personnel.” The 2023 amendment, effective May 4, 2023, substituted “Sexual Offender Risk Review Board” for “Sexual Offender Registration Review Board” at the beginning of the first sentence of subsection (a). See Editor’s notes for applicability.

Annotations

Editor’s notes. Ga. L. 2006, p. 379, § 24/HB 1059, July 1, 2006, repealed the former Code section and enacted the current Code section. The former Code section, pertaining to registered sex offenders residing within areas in which minors congregate, was based on Code 1981, § 42-1-13, enacted by Ga. L. 2003, p. 878, § 1. For present similar provisions, see Code Section 42-1-15. Ga. L. 2006, p. 379, § 30/HB 1059, not codified by the General Assembly, provides, in part, that: “(b) Any person required to register pursuant to the provisions of Code Section 42-1-12, relating to the state sexual offender registry, and any person required not to reside within areas where minors congregate, as prohibited by Code Section 42-1-13, shall not be relieved of the obligation to comply with the provi-

sions of said Code sections by the repeal and reenactment of said Code sections. “(c) The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.” Ga. L. 2023, p. 637, § 1-1/HB 188, not codified by the General Assembly, provides: “This Act shall be known and may be cited as ‘Mariam’s Law.’” Ga. L. 2023, p. 637, § 7-1/HB 188, not codified by the General Assembly, provides, in part, that “the punishment provisions of this Act shall apply to all offenses committed on and after July 1, 2023.” Administrative rules and regulations. The Georgia Sexually Violent Offender Registry, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Crime Information Center Council, Practice and Procedure, Chapter 140-2. Risk Assessment and Classification, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Sexual Offender Registration Review Board, Sexual Offender Registration Review Board, Chapter 594-1. Law reviews. For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006). For note, “Banishing Acts: How Far May States Go to Keep Convicted Sex Offenders Away from Children?,” see 40 Ga. L. Rev. 961 (2006). For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).

JUDICIAL DECISIONS Registration for first offender. - Georgia superior court properly required a first offender to register as a sex offender pursuant to O.C.G.A. § 42-1-12 as both the 2005 and 2006 amendments to the statute dictated registration, and despite the fact that registration was not

part of the first offender’s plea agreement, as neither the court nor the prosecutor had the power to exempt the first offender from the adoption of new rules regarding registration entered after the plea. Peters v. Donald, 282 Ga. App. 714, 639 S.E.2d 345, 2006 Ga. App. LEXIS 1383 (2006).

RESEARCH REFERENCES ALR. Validity of statutes imposing residency restrictions on registered sex offenders, 25 A.L.R.6th 227. Validity, construction, and application of federal Sex Offender Registration and Notification Act (SORNA), 42 U.S.C.A.

§ 16901 et seq., its enforcement provision, 18 U.S.C.A § 2250, and associated regulations, 30 A.L.R. Fed. 2d 213. Validity of state sex offender registration laws under ex post facto prohibitions, 63 A.L.R.6th 351.

Notes of Decisions
Cited in 13 cases, 2004–2018 · leading case: Thompson v. State, 603 S.E.2d 233 (Ga. 2004).
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Thompson v. State, 603 S.E.2d 233 (Ga. 2004). · cites it 28× “The question for decision in this case is whether OCGA§ 42-1-13, which makes it a felony for a person required to register as a sex offender to “reside within 1,000 feet of any child care facility, school, or area where minors congregate,” is an unconstitutional ex post facto…”
Denson v. State, 600 S.E.2d 645 (Ga. Ct. App. 2004). · cites it 24× “Derrick Denson appeals from the trial court’s order declaring that OCGA§ 42-1-13 1 was not unconstitutional as applied to Denson.”
Kennedy v. Louisiana, 554 U.S. 407 (2008). · cites it 2× “1405 (7)(a)(2) (2001) (released sex offender with victim under 18 prohibited from living within 1,000 feet of a school, daycare center, park, playground, or other place where children regularly congregate); Ga. Code Ann. § 42-1-13 (Supp.2007) (sex offenders required to register…”
Mann v. State, 603 S.E.2d 283 (Ga. 2004). · cites it 8× “Appellant Anthony Mann appeals the denial of his request for declaratory relief that would hold OCGA § 42-1-13, which prohibits registered sex offenders from living within 1,000 feet of specified places, unconstitutional.”
State v. Davis, 814 S.E.2d 701 (Ga. 2018). · cites it 2× “See OCGA § 42-1-13 et seq. In Taylor , the Court of Appeals held that failure to advise a client that a particular guilty plea will require him to register as a sex offender under OCGA § 42-1-12 is constitutionally insufficient performance, 304 Ga.”
State v. Davis, 303 Ga. 684 (Ga. 2018). · cites it 2× ““This personal liberty 9 We do not consider other and more stringent requirements of this chapter, which apply by their terms only to offenses committed or persons incarcerated as of a later date and are not applicable to Davis.”
Peters v. Donald, 639 S.E.2d 345 (Ga. Ct. App. 2006). · cites it 7× “Joseph Peters appeals the judgment of the superior court requiring him to register as a sex offender under the amendments to OCGA § 42-1-12, the Sexual Offender Registry Statute, and to then OCGA § 42-1-13, the Sexual Offender Residence Statute, asserting that when he pled…”
Mann v. Georgia Dep't of Corr., 653 S.E.2d 740 (Ga. 2007). · cites it 4× “[3] Former OCGA § 42-1-13, which restricted registered sex offenders from residing within 1,000 feet of a child care facility but which did not affect where registered sex offenders were employed, was repealed in 2006 and its provisions, as amended, were recodified as OCGA §…”
Gregory v. Sexual Offender Reg. Review Bd., 784 S.E.2d 392 (Ga. 2016). · cites it 2× “OCGA § 42-1-13 (a). Members of the Board are appointed by the Governor and serve for a term of four years.”
People v. Leroy, 828 N.E.2d 769 (Ill. App. Ct. 2005). “1405 (7)(a)(2) (West 2001) (1000 feet); Ga.Code Ann. § 42-1-13 (Supp.2004) (1000 feet); Iowa Code Ann.”
Watson v. State, 642 S.E.2d 328 (Ga. Ct. App. 2007). · cites it 2× “State, 13 the Supreme Court of Georgia upheld OCGA§ 42-1-13’s mandate that any convicted child molester who continued to reside within 1,000 feet of any area where children congregated would be guilty of a felony.”
John Doe v. Tom Miller, 405 F.3d 700 (8th Cir. 2005). “”); Ga. Code Ann. § 42-1-13 (b) (“No individual required to register .”
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