Georgia's limits on sex-offender housing overturned

Socrtease

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ATLANTA, Georgia (AP) -- Georgia's top court overturned a state law Wednesday that banned registered sex offenders from living within 1,000 feet of schools, churches and other areas where children congregate.

"It is apparent that there is no place in Georgia where a registered sex offender can live without being continually at risk of being rejected," read the opinion, written by presiding Justice Carol Hunstein.

The law had been targeted by civil rights groups who argued it would render vast residential areas off-limits to Georgia's roughly 11,000 registered sex offenders and could backfire by encouraging offenders to stop reporting their whereabouts to authorities.

State lawmakers adopted the law in 2006, calling it crucial to protecting the state's most vulnerable population: children.

While many states and municipalities bar sex offenders from living near schools, Georgia's law, which took effect last year, prohibited them from living, working or loitering within 1,000 feet of just about anywhere children gather -- schools, churches, parks, gyms, swimming pools or one of the state's 150,000 school bus stops.

It also led to challenges from groups like the Southern Center for Human Rights, which argued that it would force some offenders to live in their cars or set up tents or trailers in the woods, and undermine other efforts to keep track of offenders.

The Georgia Supreme Court ruling said even sex offenders who comply with the law "face the possibility of being repeatedly uprooted and forced to abandon homes."

It also said the statute looms over every location that a sex offender chooses to call home and notes while the case in question particularly involves a day care center, "next time it could be a playground, a school bus stop, a skating rink or a church."

http://www.cnn.com/2007/US/law/11/21/ga.sex.offenders.ap/index.html
 
I've usually thought laws that prohibited certain activity within certain "areas" to be pretty stupid and not very effective.

I think a law that jailed sex offenders for loitering around schools and other areas would be much more effective. Child sex offenders shouldn't even be out of prison to begin with.
 
This law, apparently, was designed just to throw all sex offenders out of the state. I mean, do you think it's right for a or constitutional for a state to do that?

I assume the law applied for level 1 offenders as well?
 
Wouldn't it also be reasonable to consider a redefinition of the classifications of sex offenders? It's quite possible that many of those people would pose no danger to children, and depending on the circumstances of the offense that led to their classification, may not be likely to re-offend.
 
I've usually thought laws that prohibited certain activity within certain "areas" to be pretty stupid and not very effective.

I think a law that jailed sex offenders for loitering around schools and other areas would be much more effective. Child sex offenders shouldn't even be out of prison to begin with.

I think they are having some trouble with this law in California as far as being able to find these sex offenders places to live and then having the ablity to track them when they move so far away.

I understand in theory why we do not want sex offenders living near schools etc but as you say whether it is effective or not is another story.
 
Wouldn't it also be reasonable to consider a redefinition of the classifications of sex offenders? It's quite possible that many of those people would pose no danger to children, and depending on the circumstances of the offense that led to their classification, may not be likely to re-offend.

I think there should be a regular sex offender registry, and then a child sex offender registry. A child sex offender may very well never recommit again, but you probably don't want to take his word for it.
 
This law, apparently, was designed just to throw all sex offenders out of the state. I mean, do you think it's right for a or constitutional for a state to do that?
I am wrestling with that question right now as a matter of fact. The thing is, if you let them out then they HAVE to be on probation or parole for a while so they HAVE to live in your state. A state can't pass a law that is intended to make a probationer or parolee fail and go back to prison. So what're ya going to do if you are a sex offender? You have to be on parole but the state has made it so you can't have a residence. A condition of ALL parole is that you maintain a residence that your parole officer can visit. I think the law as it was constructed was intended to make parolee's fail and thus go back to prison.
 
I think there should be a regular sex offender registry, and then a child sex offender registry. A child sex offender may very well never recommit again, but you probably don't want to take his word for it.

I'm not sure what you mean here. Do you mean those who offend as adults as opposed to those who offend as children? Certainly the rate of re-offense among child molesters, is higher on average than those who target adults. This latter may reflect the various levels of adult offense, however, such as exposing oneself or public urination all the way to rape.
 
I'm not sure what you mean here. Do you mean those who offend as adults as opposed to those who offend as children? Certainly the rate of re-offense among child molesters, is higher on average than those who target adults. This latter may reflect the various levels of adult offense, however, such as exposing oneself or public urination all the way to rape.

Those who offend against the public or adults as compared to those who offend against children. Like, child molestation and child rape.
 
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