The registrant must also meet the following criteria: a. Victim did not suffer any intentional physical harm; e.
No prior offense which would be a sex offense under Georgia law or similar state or federal law; b. The victim was not transported during the offense; and f.
The victim was not physically restrained during the commission of the offense.
Other Risk Classifications If the person is classified by the Sex Offender Registration Review Board as a level II risk assessment classification or as a sexual predator, the person is not eligible to file a petition until ten years after the person has completed all prison, parole, supervised release and probation for the offense which required registration.
If a registrant has established residence or employment and a facility such as a child care facility, church or school is established or moves within 1000 feet of the registrants residence or employment location, there is a procedure by which the registrant can petition to establish the right to remain at the residence or employment under certain circumstances.
It should be noted that the rules regarding church have been modified.
This can often be done prior to the previous ten year requirement.
Risk Classification If the person is classified by the Sex Offender Registration Review Board as a level I risk assessment classification, then they may file a petition immediately, if the registrant has completed all prison, parole, supervised release and probation for the offense which required registration.
The rules regarding homeless registrants have also changed.With regard to registrants whose offense conduct occurred after June 30, 2006, there is ongoing litigation about whether the school bus stop provision can be enforced.Most counties do not have designated bus stops and those that do are not enforcing the bus stop provision while the litigation is pending.The clear purpose of the law seems to be to reduce the number of registrants to those who likely pose some risk to the community. If the offense conduct occurred after June 30, 2006 and on or before June 30, 2008, the registrant has restrictions on place of residence and place of employment.Employment and Residence Restrictions Were Reduced The restrictions that apply to a person is now based on the restrictions which were in place in the law at the time of the offense conduct. The residence cannot be within 1000 feet of any child care facility, church, school, public park, private park, recreation facility, playground, skating rink, neighborhood center, gymnasium, school bus stop, or public or community swimming pool.