Georgia: The First State in the Nation to Address "Disabilities" within their Sex Offender Laws

12-30-2010 Georgia:

Is Georgia the first state -in the nation- to recognize that human beings may have disabilities that could possible affect their ability to comply with sex offender laws? Yup, it appears so!

While their law is not perfect, it is a beginning. Lets look at what they have:

§ 42-1-19. Petition for release from registration requirements

(a) An individual required to register pursuant to Code Section 42-1-12 may petition a superior court for release from registration requirements and from any residency or employment restrictions of this article if the individual:

(1) Has completed all prison, parole, supervised release, and probation for the offense which required registration pursuant to Code Section 42-1-12; and

(A) Is confined to a hospice facility, skilled nursing home, residential care facility for the elderly, or nursing home;

(B) Is totally and permanently disabled as such term is defined in Code Section 49-4-80; or

(C) Is otherwise seriously physically incapacitated due to illness or injury;

My first comment is, are there "residential care facilities" for folks who are NOT elderly? If so, why exclude them?

Next is "Totally and permanently" as defined under 49-4-80, that says:

(4) 'Totally and permanently disabled' means any person not less than 18 nor more than 65 years of age who has a medically demonstrable disability which is permanent and which renders him incapable of performing any gainful occupation within his competence.

So, if someone was registered, and was under 18 -OR- over 65, -AND- Totally and Permanently" disabled, they would NOT qualify for the exemption. WHY?

OK Georgia, you're not quite there, lets look at a broader issue. Beyond the physical self is, the psychological self, Georgia you forgot (hopefully) to include that in your laws.

And now for a touchdown: The American's with Disability Act (ADA) already makes provisions for "reasonable accommodations" under some of its Titles. But, there is no such provision for a human being who is, near death or dying, certified by qualified doctors, no provision whatsoever in sex offender registration laws, even in Georgia.

Georgia, you led the pack, how about a TOUCHDOWN?

Congress, its time to WAKE UP!

For now, have a great day and a better tomorrow.
eAdvocate

PS: I urge all Advocates to take these issues to your individual state legislatures! One of these disabled folks may very well be a family member or friend.

PPS: Yes the original Georgia statute (42-1-19) has exemptions for other folks, I do recognize that, everything in its own timeframe.