09 SB157/CSFA/2
Senate
Bill 157
By:
Senators Harp of the 29th, Cowsert of the 46th, Orrock of the 36th, Adelman of
the 42nd, Butler of the 55th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
change and enact provisions of law relating to classification of sexual
offenders, sexual offender registration, and restrictions on sexual offenders'
residences, workplaces, and activities; to amend Code Section 5-6-35 of the
Official Code of Georgia Annotated, relating to appeals requiring an application
for appeal, so as to make such Code section applicable to appeals from decisions
of superior courts reviewing a decision of the Sexual Offender Registration
Review Board; to amend Article 1 of Chapter 10 of Title 17 of the Official Code
of Georgia Annotated, relating to procedures for sentencing in criminal cases,
so as to provide that, with respect to sexual offenses committed after a certain
date in this state, classification shall be by the sentencing court rather than
the Sexual Offender Registration Review Board; to amend Article 2 of Chapter 1
of Title 42 of the Official Code of Georgia Annotated, relating to
classification and registration of sexual offenders and regulation of the
conduct of such offenders, so as to revise provisions relating to registration
of sexual offenders; to change certain definitions; to require the Department of
Corrections to forward certain information to sheriffs; to provide for
registration and reporting by sexual offenders who do not have a residence
address; to provide for taking of palm prints and DNA samples in certain cases;
to change certain provisions relative to relief from registration; to change
provisions relating to residence, workplace, and volunteering restrictions; to
change provisions relating to the time frame a sheriff has to update certain
information; to remove annual registration fees; to change registration criteria
for persons moving to this state; to change certain penalty provisions; to
change restrictions on volunteer and religious activities; to revise provisions
relative to classification of sex offenders; to revise certain definitions; to
change provisions relative to the process of classification by the Sexual
Offender Registration Review Board and review of such classifications; to
provide for procedure and review; to provide a mechanism for certain elderly and
disabled sexual offenders to petition the superior court to be released from
certain residency requirements; to provide for other related matters; to provide
for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 5-6-35 of the Official Code of Georgia Annotated, relating to appeals
requiring an application for appeal, is amended by adding a new paragraph to
subsection (a) to read as follows:
"(5.1)
Appeals from decisions of superior courts reviewing decisions of the Sexual
Offender Registration Review
Board;"
SECTION
2.
Article
1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating
to procedures for sentencing in criminal cases, is amended by adding a new Code
section to read as follows:
"17-10-6.4.
(a)
As used in this Code section, any term which is defined in Article 2 of Chapter
1 of Title 42 shall have the meaning specified in that article.
(b)
With respect to a sexual offender convicted in this state of a crime committed
on or after the effective date of this Code section, the sentencing court 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 sexual offender
shall as a part of the sentencing process be placed into Level I risk assessment
classification, Level II risk assessment classification, or sexually dangerous
predator classification based upon the court's review of:
(1)
A risk assessment profile of the offender to be completed by the Department of
Corrections prior to sentencing, which profile has been approved for such use by
the Board of Corrections;
(2)
Any evidence introduced by the prosecution; and
(3)
Any evidence introduced by the defense.
Sexual
history polygraph information shall also be admissible for this
purpose.
(c)
All information considered by the court in its determination of the
classification shall be a matter of public record, unless the court determines
that some specific portion of such information would invade the privacy of a
person other than the sexual offender, in which case the court may enter an
order sealing that specific portion of the record.
(d)
Any appeal of the court's determination of classification shall be combined with
any other appeal arising from the conviction, so that there shall be a single
appeal of all issues in the
case."
SECTION
3.
Article
2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating
to classification and registration of sexual offenders and regulation of the
conduct of such offenders, is amended in Code Section 42-1-12, relating to the
State Sexual Offender Registry, by revising portions of subsection (a) as
follows:
Paragraph (1) of subsection (a) is revised as follows:
Paragraph (1) of subsection (a) is revised as follows:
"(1)
'Address' means the street or route address of the sexual offender's residence.
For purposes of this Code section, the term
does
shall
not mean a post office
box,
and
homeless
does not constitute an address.
The term shall
include any place where the sexual offender sleeps, such as a shelter or
structure that can be located by a street address or other description,
including, but not limited to, apartments, buildings, motels, hotels, homeless
shelters, and parked
vehicles."
Paragraph
(6) of subsection (a) is revised as follows:
"(6)
'Child care facility' means all public and private pre-kindergarten facilities,
day-care centers, child care learning centers, preschool facilities, and
long-term care facilities for children.
Such term
shall not include private, in-home child day care which is not licensed by this
state."
Divisions
(a)(9)(A)(i) and (a)(9)(A)(ii) are revised as follows:
"(i)
Kidnapping of a minor, except by a parent,
when the
offense by its nature is a sexual offense against a minor or an attempt to
commit a sexual offense against a
minor;
(ii)
False imprisonment of a minor, except by a parent,
when the
offense by its nature is a sexual offense against a minor or an attempt to
commit a sexual offense against a
minor;"
Divisions
(a)(9)(B)(i) and (a)(9)(B)(ii) are revised as follows:
"(i)
Kidnapping of a minor, except by a parent,
when the
offense by its nature is a sexual offense against a minor or an attempt to
commit a sexual offense against a
minor;
(ii)
False imprisonment of a minor, except by a parent,
when the
offense by its nature is a sexual offense against a minor or an attempt to
commit a sexual offense against a
minor;"
Subparagraph
(a)(9)(C) is revised as follows:
"(C)
For purposes of
subparagraph
(a)(9)(B) of this Code section, conduct
which is punished as
for
a misdemeanor
or
shall not be
considered a criminal offense against a victim who is a minor, and
conduct which is
prosecuted
adjudicated
in juvenile court shall not be considered a criminal offense against a victim
who is a minor."
Subparagraph
(a)(16)(K) is revised as follows:
"(K)
E-mail
addresses,
and
usernames,
and user passwords; and"
Paragraph
(17) of subsection (a) is revised as follows:
"(17)
'Risk assessment classification' means the
notification
level into which a sexual offender is placed based on the board's
assessment
classification
of a sexual offender as a Level I risk assessment, Level II risk assessment, or
sexually dangerous predator by the board or a court sentencing under Code
Section 17-10-6.4."
Paragraph
(21) of subsection (a) is revised as follows:
"(21)
'Sexually dangerous predator' means a sexual offender:
(A)
Who was designated as a sexually violent predator between July 1, 1996, and June
30, 2006; or
(B)
Who is determined by the Sexual Offender Registration Review Board
or a court
sentencing under Code Section 17-10-6.4 to
be at risk of perpetrating any future dangerous sexual
offense."
SECTION
4.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraphs (1) and (8) of subsection (b) as
follows:
"(1)
Inform the sexual offender of the obligation to
register,
the amount of the registration fee, and
how to maintain registration;"
"(8)
At least 15
days prior to such release, obtain
Obtain
and forward any information obtained from the clerk of court pursuant to Code
Section 42-5-50 to the sheriff's office of the county in which the sexual
offender will reside; and"
SECTION
5.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraph (3) of subsection (c) as
follows:
"(3)
Forward the
sexual offender's fingerprints and
photograph
At least 15
days prior to the sexual offender's release from prison, placement on parole or
supervised release, or within three business days after a sexual offender's
placement on probation, the following information shall be
forwarded to the sheriff's office of the
county where the sexual offender is going to
reside:
(A)
The sexual offender's fingerprints, palm print, and photograph;
(B)
The sexual offender's crime of conviction, including conviction date and the
jurisdiction of the conviction; and
(C)
The sexual offender's
address;"
SECTION
6.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraph (6) of subsection (e) as
follows:
"(6)
Is a nonresident
sexual
offender who changes residence from
another
state or territory of the United States
any other
place to Georgia who is required to
register as a sexual offender under federal law, military law, tribal law, or
the laws of another state or
territory,
regardless of when the conviction occurred
or who has
been convicted in this state of a criminal offense against a victim who is a
minor or any dangerous sexual
offense;"
SECTION
7.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising subsection (f) as follows:
"(f)
Any sexual offender required to register under this Code section
shall:
(1)
Provide the required registration information to the appropriate official before
being released from prison or placed on parole, supervised release, or
probation;
(2)
Register in
person with the sheriff of the county in
which the sexual offender resides within 72 hours after the sexual offender's
release from prison or placement on parole, supervised release, probation, or
entry into this state;
(2.1)
In the case of a sexual offender who does not have a residence address, in lieu
of the requirements of paragraph (2) of this subsection, register in person with
the sheriff of the county in which the sexual offender sleeps within 72 hours
after the sexual offender's release from prison or placement on parole,
supervised release, probation, or entry into this state and:
(A)
Provide the places where he or she sleeps, eats, and works and other places
which he or she frequents; and
(B)
Report weekly in person to the sheriff of the county in which he or she sleeps
on a day specified by the sheriff during normal business hours and update any
changes in the information required under subparagraph (A) of this
paragraph;
(3)
Maintain the required registration information with the sheriff of the county in
which the sexual offender resides
or sleeps, is
employed, or attends an institution of higher
education;
(4)
Renew the required registration information with the sheriff of
the
each
county in which the sexual offender resides
or sleeps, is
employed, or attends an institution of higher
education by reporting
in
person to the sheriff within 72 hours
prior to such offender's birthday each year to be
photographed,
palm printed, and fingerprinted
and provide a
noninvasive DNA sample if none has previously been taken; provided, however,
that such offender shall only be photographed in the county where such offender
resides; and provided, further, that the taking of palm prints and fingerprints
shall be optional for each county
sheriff;
(5)
Update the required registration information with the sheriff of the county in
which the sexual offender resides
or
sleeps
within
72 hours
of
prior
to any change to the required registration
information, other than residence
address;
if.
If the information is the sexual
offender's new residence address, the sexual offender shall give the information
regarding the
sexual offender's new residence address to
the sheriff of the county with whom the sexual offender last registered
and to the
sheriff of the county to which the sexual offender is
moving within 72 hours prior to any change
of residence address
and.
The sexual offender shall give information regarding a change in employment
location or a change in attendance at an institution of higher
education to the sheriff of
the
each
county to which the sexual offender is moving within 72 hours after establishing
the
such
new
residence
place of
employment or attendance at an institution of higher
education;
and
(6)
If
convicted of a dangerous sexual offense on or after July 1, 2006, pay to the
sheriff of the county where the sexual offender resides an annual registration
fee of $250.00 upon each anniversary of such registration; and
(7)
Continue to comply with the registration requirements of this Code section for
the entire life of the sexual offender,
including
excluding
ensuing periods of incarceration."
SECTION
8.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising subparagraph (g)(2)(B) as follows:
"(B)
Have had
ten years elapse since his or her release from prison, parole, supervised
release, or probation
completed his
or her sentence, including any period of parole or
probation."
SECTION
9.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraph (1) of subsection (h) as
follows:
"(h)(1)
The appropriate official or sheriff shall, within
72
hours
three working
days after receipt of the required
registration information, forward such information to the Georgia Bureau of
Investigation. Once the data is entered into the Criminal Justice Information
System by the appropriate official or sheriff, the Georgia Crime Information
Center shall notify the sheriff of the sexual offender's county of residence,
either permanent or temporary, the sheriff of the county of employment, and the
sheriff of the county where the sexual offender attends an institution of higher
education within 24 hours of entering the data or any change to the
data."
SECTION
10.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising paragraphs (2), (3), (4), (6), (7), (12), (13),
and (14) of subsection (i) as follows:
"(2)
Electronically submit and update all information provided by the sexual offender
within
two
three
working days to the Georgia Bureau of Investigation in a manner prescribed by
the Georgia Bureau of Investigation;
(3)
Maintain
and
post a list of every sexual offender
residing in each county
and
electronically submit and update such list for posting or electronic
access:
(A)
In the sheriff's office;
(B)
In any county administrative building;
(C)
In the main administrative building for any municipal corporation;
(D)
In the office of the clerk of the superior court so that such list is available
to the public; and
(E)
On a website maintained by the sheriff of the county for the posting of general
information;
(4)
Update the public notices required by paragraph (3) of this Code section within
two
three
working days;"
"(6)
Update the list of sexual offenders residing in the county upon receipt of new
information affecting the residence address of a sexual offender or upon the
registration of a sexual offender moving into the county by virtue of release
from prison, relocation from another county,
or
conviction in another state, federal court, military tribunal, or tribal court.
Such list, and any additions to such list, shall be delivered,
physically or
electronically, within
72
hours
three working
days of updating the list of sexual
offenders residing in the county, to all schools or institutions of higher
education located in the county;
(7)
Within 72
hours
three working
days of the receipt of changed required
registration information, notify the Georgia Bureau of Investigation through the
Criminal Justice Information System of each change of
information;"
"(12)
If required by Code Section 42-1-14, place any electronic monitoring system on
the sexually dangerous predator and explain its operation and cost;
and
(13)
Provide current information on names and addresses of all registered sexual
offenders to campus police with jurisdiction for the campus of an institution of
higher education if the campus is within the sheriff's
jurisdiction;
and
(14)
Collect the annual $250.00 registration fee from the sexual offender and
transmit such fees to the state for deposit into the general
fund."
SECTION
11.
Said
article is further amended in Code Section 42-1-12, relating to the State Sexual
Offender Registry, by revising subsection (n) as follows:
"(n)
Any individual who:
(1)
Is required to register under this Code section and who fails to comply with the
requirements of this Code section;
(2)
Provides false information; or
(3)
Fails to respond directly to the sheriff
within
of the county
where he or she resides or sleeps 72 hours
of
prior
to such individual's birthday
shall
be guilty of a felony and shall be punished by imprisonment for not less than
ten nor more than 30
years;
provided, however, that upon the conviction of the second offense under this
subsection, the defendant shall be punished by imprisonment for
life."
SECTION
12.
Said
article is further amended by revising Code Section 42-1-14, relating to risk
assessment classifications, as follows:
"42-1-14.
(a)(1)
With respect to crimes committed in this state on or after the effective date of
this paragraph classification of sexual offenders shall be by the sentencing
court as provided in Code Section 17-10-6.4; and no action shall be taken by the
board with respect to such sexual offenders.
(2)
With respect to sexual offenders other than those committing crimes in this
state on or after the effective date of paragraph (1) of this subsection
the
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.
The board shall make such determination for any sexual offender convicted on or
after July 1, 2006, of a criminal act against a minor or a dangerous sexual
offense and for any sexual offender incarcerated on July 1, 2006, but convicted
prior to July 1, 2006, of a criminal act against a minor.
In addition,
any sexual offender who changes residence from another state or territory of the
United States to this state and who is not already designated under Georgia law
as a sexually dangerous predator, sexual predator, or a sexually violent
predator shall have his or her required registration information forwarded by
the sheriff of his or her county of registration to the board for the purpose of
risk assessment classification.
Such
determination shall not be required to be made by the board until January 1,
2007; provided, however, that such persons shall be subject to this Code
section.
(3)
A sexual offender shall be placed into Level I risk assessment classification,
Level II risk assessment classification, or sexually dangerous predator
classification based upon the board's assessment criteria and information
obtained and reviewed by the board. The sexual offender may provide the board
with information including, but not limited to, psychological evaluations,
sexual
history polygraph information, treatment
history,
and
personal, social, educational, and work history, and may agree to submit to a
psychosexual evaluation or sexual history polygraph conducted by the board. If
the sexual offender has undergone treatment through the Department of
Corrections, such treatment records shall also be submitted to the board for
evaluation. The prosecuting attorney shall provide the board with any
information available to assist the board in rendering an opinion, including,
but not limited to, criminal history and records related to previous criminal
history. On and after July 1, 2006, the clerk of court shall send a copy of the
sexual offender's conviction to the board and notify the board that a sexual
offender's evaluation will need to be performed.
The board
shall render its recommendation for risk assessment classification
within:
(1)
Sixty days of receipt of a request for an evaluation if the sexual offender is
being sentenced pursuant to subsection (c) of Code Section
17-10-6.2;
(2)
Six months prior to the sexual offender's proposed release from confinement if
the offender is incarcerated; and
(3)
Forty-five days of receipt of the required registration information if the
sexual offender has entered this state from another state and registered as a
sexual offender.
(4)
The board shall
notify the sex
offender by first class mail of its determination
of
send a copy
of its risk assessment classification
and shall send
a copy of such classification to
the Georgia
Bureau of Investigation, the Department of
Corrections,
the sheriff of
the county where the sexual offender
resides,
sexual
offender, and
the
sentencing court, if applicable.
(b)(1)
If the
sexual offender has been sentenced pursuant to subsection (c) of Code Section
17-10-6.2, after receiving a recommendation from the board that he or she be
classified as a sexually dangerous predator, the sexual offender may request
that the sentencing court set a date to conduct a hearing affording the sexual
offender the opportunity to present testimony or evidence relevant to the
recommended classification. After the hearing and within 60 days of receiving
the report, the court shall issue a ruling as to whether or not the sexual
offender shall be classified as a sexually dangerous predator. If the court
determines the sexual offender to be a sexually dangerous predator, such fact
shall be communicated in writing to the appropriate official, the Georgia Bureau
of Investigation, and the sheriff of the county where the sexual offender
resides.
If the board
determines that a sexual offender should be classified as a sexually dangerous
predator, the sexual offender may petition the board to reevaluate his or her
classification. To file a petition for reevaluation, the sexual offender shall
be required to submit his or her written petition for reevaluation to the board
within 20 days from the date of the letter notifying the sexual offender of his
or her classification. The sexual offender shall have 60 days from the date of
the notification letter to submit information as provided in subsection (a) of
this Code section in support of the sexual offender's petition for reevaluation.
If the sexual offender fails to submit the petition or supporting documents
within the time limits provided, the classification shall be 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 the
sexual offender received a sentence of imprisonment and was sentenced for a
dangerous sexual offense on or after July 1, 2006, or if the sexual offender is
incarcerated on July 1, 2006, for a crime against a victim who is a minor, after
receiving a recommendation from the board that he or she be classified as a
sexually dangerous predator, the sexual offender may request that the sentencing
court set a date to conduct a hearing affording the sexual offender the
opportunity to present testimony or evidence relevant to the recommended
classification. After the hearing and within 60 days of receiving the report,
the court shall issue a ruling as to whether or not the sexual offender shall be
classified as a sexually dangerous predator. If the court determines the sexual
offender to be a sexually dangerous predator, such fact shall be communicated in
writing to the appropriate official, the Georgia Bureau of Investigation, and
the sheriff of the county where the sexual offender
resides.
A sexual
offender who is classified by the board as a sexually dangerous predator may
file a petition for judicial review of his or her classification within 30 days
of the date of the notification letter, or, if the sexual offender has requested
reevaluation, within 30 days of the date of the letter denying the petition for
reevaluation. The petition for judicial review shall name the board as defendant
and the petition shall be filed in the superior court of the county where the
offices of the board are located. Within 30 days after service of the appeal on
the board, the board shall submit a summary of its findings to the trial court
and mail a copy, by first class mail, to the sexual offender. The findings of
the board shall be considered prima-facie evidence of the classification. The
superior court may uphold the classification of the board or if the superior
court finds, by a preponderance of the evidence, that the sexual offender is not
a sexually dangerous predator, then the sexual offender shall be placed into
Level II risk assessment classification. The determination made by the superior
court shall be forwarded by the clerk of the superior court to the board, the
Georgia Bureau of Investigation, and the sheriff of the county where the sexual
offender resides.
(c)
Any sexual
offender who changes residence from another state or territory of the United
States to this state and who is not designated as a sexually dangerous predator,
sexual predator, or a sexually violent predator shall have his or her required
registration information forwarded by the sheriff of his or her county of
registration to the board for the purpose of risk assessment classification.
After receiving a recommendation from the board that he or she be classified as
a sexually dangerous predator, the sexual offender may, within 30 days after the
issuance of such classification, request a hearing before an administrative law
judge. Such hearing shall be conducted in accordance with Chapter 13 of Title
50, the 'Georgia Administrative Procedure Act.' The decision of the
administrative law judge shall constitute the final decision of the board
subject to the right of judicial review in accordance with Chapter 13 of Title
50. If the final determination is that the sexual offender is classified as a
sexually dangerous predator, such fact shall be communicated in writing to the
appropriate official, the Georgia Bureau of Investigation, and the sheriff of
the county where the sexual offender resides.
(d)
Any individual who was classified as a sexually violent predator prior to July
1, 2006, shall be classified as a sexually dangerous predator on and after July
1, 2006.
(e)
(d)
Any sexually dangerous predator shall be required to wear an electronic
monitoring system that shall have, at a minimum:
(1)
The capacity to locate and record the location of a sexually dangerous predator
by a link to a global positioning satellite system;
(2)
The capacity to timely report or record a sexually dangerous predator's presence
near or within a crime scene or in a prohibited area or the sexually dangerous
predator's departure from specific geographic locations; and
(3)
An alarm that is automatically activated and broadcasts the sexually dangerous
predator's location if the global positioning satellite monitor is removed or
tampered with by anyone other than a law enforcement official designated to
maintain and remove or replace the equipment.
Such
electronic monitoring system shall be worn by a sexually dangerous predator for
the remainder of his or her natural life. The sexually dangerous predator shall
pay the cost of such system to the Department of Corrections if the sexually
dangerous predator is on probation; to the
State
Board of Pardons and Paroles if the sexually dangerous predator is on parole;
and to the sheriff after the sexually dangerous predator completes his or her
term of probation and parole or if the sexually dangerous predator has moved to
this state from another state, territory, or country. The electronic monitoring
system shall be placed upon the sexually dangerous predator prior to his or her
release from confinement. If the sexual offender is not in custody, within 72
hours of the decision classifying the sexual offender as a sexually dangerous
predator by
the court in accordance with subsection
(b) of this Code section
or a final
decision pursuant to subsection (c) of this Code section, whichever applies to
the sexual offender's situation,
or Code
Section 17-16.4 the sexually dangerous
predator shall report to the sheriff of the county of his or her residence for
purposes of having the electronic monitoring system placed on the sexually
dangerous predator.
(f)
(e)
In addition to the requirements of registration for all sexual offenders, a
sexually dangerous predator shall report to the sheriff of the county where such
predator resides six months following his or her birth month and update or
verify his or her required registration information."
SECTION
13.
Said
article is further amended in Code Section 42-1-15, relating to restriction on
registered offenders residing, working, or loitering within certain distance of
child care facilities, churches, schools, or areas where minors congregate,
photographing of minors, penalty for violations, and civil causes of action, by
adding a new paragraph to subsection (a) to read as follows:
"(4)
'Volunteer' means to engage in an activity in which one could be and ordinarily
would be employed with or without compensation, including, but not limited to,
being involved with or assisting with minors as a teacher or teaching assistant
or with minors who are not supervised by someone other than a sexual offender;
provided, however, such term shall not be construed to preclude participating in
activities limited to persons who are 18 years of age or older or being a
participant in worship services or engaging in religious activities that do not
include supervising, teaching, directing or otherwise participating with minors
who are not supervised by someone other than a sexual
offender."
SECTION
14.
Said
article is further amended by adding a new Code section to read as
follows:
"42-1-16.
A
superior court may issue an order releasing an individual from any residency
requirements of this article if the individual or someone acting on behalf of
the individual petitions the superior court of the jurisdiction in which such
individual resides to be released from the residency requirements of this
article, the court finds by a preponderance of the evidence that the individual
does not pose a substantial risk of perpetrating any future dangerous sexual
offense, and the individual:
(1)
Resides in a hospice facility, skilled nursing home, residential care facility
for the elderly, or nursing home;
(2)
Is totally and permanently disabled as such term is defined in Code Section
49-4-80; or
(3)
Is otherwise seriously physically incapacitated due to illness or
injury."
SECTION
15.
This
Act shall become effective on the thirtieth day after the date on which this Act
is approved by the Governor or becomes law without such approval.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.