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Fairness for Prisoners' Families

Fairness for Prisoners' Families A Guide to Understanding HB 1059: the Georgia Sex Offender Legislation Brief Summary of HB 1059 This bill: Establishes mandatory sentence of 25 to 50 years in prison for kidnapping if the victim is less than 14 years old; for rape, regardless of the age of the victim; for aggravated sodomy, aggravated child molestation, aggravated sexual battery; and for incest if the victim is less than 14. Creates crimes of aggravated assault "with intent to rape a child less than 14 years," with a 25- to 50-year prison sentence; and aiding, abetting or harboring a sex offender, with a sentence of 5 to 20 years in prison. Includes "Romeo and Juliet" provisions that make certain sex crimes a misdemeanor if the victim is 14 or 15 and the defendant no more than three years older to allow for 'youthful indiscretions' between willing teenage partners. Requires that anyone convicted of a serious violent felony (murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery) and sentenced to life in prison serve a minimum of 30 years in prison before consideration for parole, sixteen years more than current law. Any sex offender deemed a sexually dangerous predator by the Sexual Offender Registration Review Board would have to wear a global positioning satellite electronic monitor for the rest of his or her life. Prohibits registered sex offenders from living, working, or loitering within 1,000 feet of any child care facility, church, school or "area where minors congregate." It also makes it illegal for child sex offenders or sexually dangerous predators to loiter in those areas. Our Concerns about HB 1059 HB 1059 is not a step forward This bill does not provide for an treatment or rehabilitation for those convicted of sex offense; It does not provide for any resources or services for survivors of sexual assaults; The mandatory minimum sentencing results in the loss of discretion for both judges and the prosecutors; This law will only continue to compound the problems facing Georgia citizens, such as the over-inflated prison budget that depletes funds from more worthy programs like education and will pack Georgia’s prisons and jails, leading to horrendous conditions inside the state facilities. The 1000 feet restrictions will not enhance monitoring of people convicted of sex offenses nor increase public safety Proposed Section 42-1-15 on page 34, lines 14-30, prevents a person from residing within 1000 feet of “any child care facility, church, school, or area where minors congregate.” An “area where minors congregate” is defined to include any public or private park, any playground and astoundingly all bus stops or “other places established for the public to congregate and wait for public transportation.” (Page 19, lines 33 through 34, and page 20, lines 1 through 2). Studies of similar provisions in other states prove that this requirement will effectively prohibit a sex offender from living or working in any urban area; the only places they will be able to live are isolated, poorly monitored areas. Other states who have passed similar laws have found that these measures lead to convicted sex offenders living in “clusters”, far from treatment centers and their jobs, as there are few places that meet the 1000 feet restriction; Additionally, in Iowa, authorities cannot find twice as many sex offenders since a similar state law went into effect last year banning offenders from living near child care centers and schools, according to new statistics obtained by the Iowa Department of Public Safety. As of last week, 298 of more than 6,000 sex offenders statewide were unaccounted for by law enforcement vs. 142 on June 1, 2005. These restrictions cut off offenders from jobs, housing, transportation, treatment and other support that enhance their chances for successful rehabilitation. HB 1059 is bad for children Children ages 13 years to 16 years who would be prosecuted under O.C.G.A. § 15-11-28 are commonly referred to as SB 440. These children should be excluded from the harsh mandatory minimum sentencing structure, which would require a 25 year minimum sentence for a young offender who is likely amenable to treatment. Child offenders are different from adult offenders in that they are amenable to treatment and are likely not to re-offend once treated. In fact, the recidivism rate for adolescent sex offenders is significantly lower than the rate of recidivism for other delinquent behavior. Additionally, research suggests that increased sentences for children may not deter child offenders or enhance public safety. Juvenile Courts are best suited to adjudicate matters involving children committing sex crimes against other children. The focus of juvenile courts is rehabilitative; and juvenile court judges are specialists who through their professional affiliations and state and national judicial counsels, receive ongoing training in matters related to child development, culpability, and competency. Furthermore, juvenile courts are connected to treatment providers and mental health professionals with child-specific expertise.