Fairness for Prisoners' Families
Crime
bill would toughen sentences Georgia's Republican leaders say that passing a law to toughen sentences for sex offenders who assault children is one of their top goals for the 2006 legislative session. The measure, sponsored by House Majority Leader Jerry Keen (R-St. Simons Island), would impose a minimum sentence of 25 years for a person convicted of aggravated child molestation. The bill also would prohibit a registered sex offender from working within 1,000 feet of a child care facility, school or other area where children congregate, toughen sex offender registration requirements, and require the most dangerous sex offenders to wear tracking devices for the rest of their lives. Recent national headlines about particularly heinous crimes against children have spurred lawmakers across the country to propose tougher sex offender laws. Many include longer sentences for offenders, residency requirements and electronic surveillance. Twelve states have passed legislation in the past two years that mandates satellite tracking of some sex offenders, according to data from the National Conference of State Legislatures. Georgia's top lawmakers say they plan to support Keen's bill. Both Senate President Pro Tempore Eric Johnson (R-Savannah) and House Speaker Glenn Richardson (R-Hiram) have pinpointed the sex offender bill as a high priority for 2006. Richardson said he and other state lawmakers began discussing ideas for the bill after hearing about Jessica Lunsford, a 9-year old Florida girl who was snatched from her bed, raped and buried alive last spring. John E. Couey, a convicted sex offender, confessed to kidnapping and killing the girl. "When I heard that, after I wiped the tears from my eyes, I was mad," Richardson said. "I have a daughter about that age. And I said, you know, that should never happen again. I think that's probably the genesis for a lot of the conversations. We said that should not happen in Georgia." The proposed bill worries some criminal defense attorneys and therapists who work with sex offenders. They say they are not convinced that tougher sentencing and buffer zones that prohibit sex offenders from working near public places such as bus stops really will increase public safety. And they argue that lawmakers should factor in the costs of tracking devices and longer prison terms for sex offenders when considering the bill. "Georgia already has some of the toughest penalties for offenses in this country and this bill is not necessary to properly prosecute and punish offenders," the Georgia Association of Criminal Defense Attorneys said in a memo to legislators. That argument may not resonate with the public. Several political scientists predicted the bill would draw widespread support from voters and earn the state Republican Party points as it gears up for the midterm elections, including the governor's race. "No one ever lost an election in Georgia being too tough on sex offenders," said Charles Bullock, a political scientist at the University of Georgia. "This is something that will pass and it will give Republicans something to point to as an accomplishment. Other items have been very controversial, such as the voter photo ID bill. This would be a slam-dunk. ... Who would come out against this?" Senate Minority Leader Robert Brown (D-Macon) said that while he was not yet familiar with the bill's details, he believed Democrats would work with the GOP to pass the measure. "Given the problems we've had with sex offenders with young children, we should tighten up our laws on anything that would give these people an opportunity to prey on our children," Brown said. "In that regard, I don't have any problem with the bill. I'd have to look at the details, but it's not something I would see our caucus as opposed to." Critics, including defense attorneys, human rights activists and professionals who work with sex offenders, expressed concern about many of the bill's provisions last week at a meeting of the House Judiciary Committee. The defense attorneys association questioned the wisdom of the proposed mandatory minimum sentences, arguing instead that such cases needed to be treated individually. The group also cautioned lawmakers about the cost of longer prison sentences for sex offenders. Others pointed out that the current draft of the bill did not address treatment measures for sex offenders. Several people opposed a provision in the bill that barred sex offenders from working within 1,000 feet of a place where children congregate. They argued that in metropolitan areas, it could be virtually impossible for sex offenders to find a job. Keen, the bill's sponsor, said he understood the 1,000-foot restriction could make life difficult for sex offenders. "I think the protection of our children from the type of people who commit these type of crimes is of far greater importance than the convenience of someone who has committed these crimes," Keen said.
Senate Republicans
also are expected to consider "Amy's Law" in 2006. Under that bill,
children as young as 10 who commit murder or other violent crimes
could be incarcerated in a juvenile facility until they're 21 years
old. That bill is likely to spark debate among politicians about
whether the bill is too harsh on minors. |
