Compilation of Rules and Regulations of the State of Georgia › Department 594 - RULES OF SEXUAL OFFENDER REGISTRATION REVIEW BOARD › Chapter 594-1 - SEXUAL OFFENDER REGISTRATION REVIEW BOARD › Rule 594-1-.04 - Risk Assessment and Classification

Current through Rules and Regulations filed through June 27, 2024
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 offense against a victim who
						is 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 offense against a victim who is a minor. Any sexual offender who
						changes residence from another state or territory of the United States or any
						other place to this state and who is not already designated under Georgia law
						as a sexually dangerous predator, or 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. The board shall also make such determination upon the request
						of a superior court judge for purposes of considering a petition to be released
						from registration restrictions or residency or employment restrictions as
						provided for in Code Section
						  42-1-19.
(a) 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 or
					supervision through the Department of Corrections or the Department of
					Community Supervision, 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. The board shall utilize the Georgia Bureau of Investigation to assist
					it in obtaining information relative to its evaluation of sexual offenders and
					the Georgia Bureau of Investigation shall provide the board with information as
					requested by the board. The board shall be authorized to obtain information
					from supervision records of the State Board of Pardons and Paroles regarding
					such sexual offender, but such records shall remain confidential state secrets
					in accordance with Code Section
					  42-9-53 and  shall not be made
					available to any other person or entity or be subject to subpoena unless
					declassified by the State Board of Pardons and Paroles. 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;
(3) Sixty days of receipt of the required
					registration information from the sheriff when the sexual offender changes
					residence from another state or territory of the United States or any other
					place to this state and is not already classified;
(4) Sixty days if the sexual offender is
					sentenced to a probated or suspended sentence; and
(5) Ninety days if such classification is
					requested by the court pursuant to a petition filed under Code Section
					  42-1-19.