Earlier this week, Georgia’s Supreme Court ruled a law mandating those deemed as a “sexually dangerous predator” who had finished their sentences no longer were required to wear electronic monitoring devices for the remainder of their lives. By a unanimous vote, the justices said it violated Fourth Amendment protections. Below is a response from the Floyd County Sheriff’s Office on the opinion’s impact here. The case and court decision. Click
From the Floyd County Sheriff’s Office:
Earlier this week the Georgia Supreme Court decided that O.C.G.A. 42-1-14(e) is unconstitutional. This was the subsection of the law that required those Registered Sex Offenders, who were classified as a Sexually Dangerous Predator by the Sex Offender Registration Review Board, to wear an electronic monitoring device for the remainder of their life.
The new ruling mandates that any Registered Sex Offender classified as a Sexually Dangerous Predator AND that has completed his/her sentence must have their electronic monitoring device removed immediately. This ruling will effect only one offender in Floyd County at this time but as time passes and more sentences are completed then it will have a larger impact.
All Registered Sex Offenders will still be required to comply with the rules and regulations of the Sex Offender Registry. They will still be verified multiple times each year.
The Georgia Sheriff’s Association has informed us that the Supreme Court has indicated that legislative action could provide a remedy. If you are concerned by this most recent ruling, then I encourage you to contact your local representative and let your voice be heard. I and several other members of our agency, as well as other law enforcement agencies around the state, will be doing just that.
I would like to take this opportunity to remind our citizens of Floyd County about our Offender Watch program on our website. Visit www.floydsheriff.com and register your address today to stay up to date about offenders living in your area. If you have any questions or concerns regarding this matter please feel free to contact me at firstname.lastname@example.org
Thank you, Cpl. Anthony Cromer
The Bartow County Sheriff’s Office earlier released a similar statement regarding three individuals in that county.
“According to Sheriff Clark Millsap, in the recent ruling, the court determined that Georgia law O.C.G.A. 42-1-14(e) is unconstitutional in the requirement that a person classified as a sexually dangerous predator who is no longer in custody, on parole or probation wear a GPS monitoring device. Under the law, as it was written, offenders who receive the designation as a sexually dangerous predator must wear and pay for an electronic monitoring system for the remainder of their natural life.
According to Millsap, the BCSO Sex Offender Registry Unit confirmed that all four of the Bartow County persons designated as sexually dangerous predators who are no longer on any sentence status (probation or parole) have had their GPS tracking devices removed to conform to this ruling. Millsap said, “Nothing in this ruling relieves a person determined to be a sex offender from the requirements of registering in the county they reside in and following the rules of the registry. The BCSO Sex Offender Registry Unit will continue to require adherence to the law for all Bartow County sex offenders.”