Evictions from Nursing Homes Stopped Sheriffs Agree not to Force Elderly and Severely Disabled People onto the Streets

10-30-2006 Georgia:

ATLANTA , GEORGIA, HB 1059, Georgia’s sex offender legislation, has taken another hit as Sheriffs in several counties agree not to enforce a portion of the law.

Two weeks ago, lawyers from the Southern Center for Human Rights (SCHR) and the American Civil Liberties Union of Georgia filed a Motion for Preliminary Injunction on behalf of nine elderly and/or severely disabled people on the registry. This Motion specifically addressed the provision of HB 1059 that prevents people on the registry from living within 1,000 feet of a church. Because of their advanced age and/or physical condition, these plaintiffs are not a danger to anyone, yet the residency restrictions of HB 1059 make no exception for them.

Attorneys and the Sheriffs in the counties where the plaintiffs live have reached agreements that elderly and disabled individuals named in the Motion will not be evicted from their homes, nursing homes, and hospice care facilities. These agreements will allow these elderly and ill people to live the remainder of their lives with dignity, receiving appropriate medical care and attention to their conditions.

“Once again, the Georgia Legislature’s ‘one size fits all’ policy for the treatment of people on the registry takes us into the realm of absurdity,” states Sarah Geraghty, an attorney at SCHR representing the plaintiffs. “Sheriffs are now required by law to evict Alzheimer’s patients and the terminally ill from their nursing homes if these facilities are within 1/5 of a mile of a church. Never mind that some of these patients cannot even stand up, or walk without assistance.”

DOJ sues Georgia for segregating students with disabilities

9-6-16 Georgia:

The Department of Justice (DOJ) filed suit [complaint] against Georgia on Tuesday alleging that the state discriminates against students with behavior-related disabilities. The DOJ argues that the state's Georgia Network for Educational and Therapeutic Support Program (GNETS) violates the Americans with Disabilities Act (ADA) prohibition on the "unnecessary segregation of persons with disabilities in state programs, services, and activities."

The complaint provides that students in the GNETS program are educated in a classroom used for detention that is located in the basement of the general education school and students in the program do not interact [The Hill report] with other students and never leave the basement. Furthermore, the DOJ maintains that Georgia discriminates against GNET students by denying [Huffington Post report] them "equal opportunity to access and benefit from the educational services available to students throughout the state" that are not placed in the GNETS program.

Some Curbs on Sex Offenders Called Ineffective, Inhumane

11-22-2006 Georgia:

As convicted sex offenders go, they seem to pose little danger.

One is 100 years old. Another can barely walk and is in the late stages of Alzheimer's disease. Another is dying of heart disease in a nursing home.

Yet under a new Georgia law, thousands of registered sex offenders, even the old and feeble, could be pushed from their homes and hospices.

"He doesn't really know anything about it," said Ruby Anderson, 77, whose husband was convicted of having sex with a minor in 1997 and, at 81, no longer recognizes members of his family because of Alzheimer's disease. "The trouble is, I just don't know where we can go."

As states around the country have sought in recent years to control the whereabouts of convicted sex offenders, Georgia's law stands out as one of the toughest, a testament to the daunting public fears regarding children's safety.

Purchase of former Georgia prison to run nursing home for inmates raises concern

3-11-2014 Georgia:

ATLANTA — A physician with a yearslong relationship with the Georgia Department of Corrections has bought a 700-bed former prison for $50,000 — half its appraised value — and stands to make millions running it as a nursing home for old and sick parolees.

At least one competing business complains that the state gave Dr. Carlo Musso, who has conducted its executions, a sweetheart deal and did not give others a realistic shot at the property.

The Atlanta Journal-Constitution tried to contact Musso over several days at CorrectHealth, his prison and jail medical-care company, but he did not respond to messages. The Department of Corrections and State Board of Pardons and Paroles, which will decide who goes to the planned Bostick Nursing Center, declined requests for interviews and would only answer questions — though not all of them — via email.

The sale was completed on Thursday. But documents obtained by the AJC show the state began talking about the property with Musso exclusively at least three years ago, long before advertising it for sale.

DOC's talks with Musso then were about leasing the now closed Bostick State Prison in a deal that would have netted the state almost $537,000 a year in rent. The state would have also invested roughly $8 million in renovations, $2 million of it in prison labor.

Elderly offenders present challenge

Whoever posted the comment (About their father dieing) here please contact eAdvocate

1-26-2011 Georgia:

MARIETTA - As the number of registered sex offenders continues to expand, so have the laws surrounding their classifications, generally making it more difficult for the offenders to fall off the registry.

While on the active registry, offenders are not permitted to live in certain areas, like near schools or day cares, but there are no clear rules for senior centers or nursing homes.

Ohio Rep. Andy Thompson, R-Marietta, said no one wants to think of their mother or grandmother sharing a room or a wing at a nursing home with a sex offender. He said he has heard some recent talk in the news and legislature about addressing the issue.

"I'm very much concerned about the residents of these homes because they are very vulnerable," Thompson said. "But you have to be careful about this."

Thompson said at a certain age or medical condition, some sex offenders may no longer be a danger to others. For example, he said, if a person is confined to a bed, they should probably not be considered a risk to others.

Washington County sheriff's Sgt. Patrice Tornes, who monitors the area's 134 registered sex offenders, said she would have mixed feelings about a proposal to limit access to nursing homes. Thirteen of the county's sex offenders are over age 60, with the oldest turning 91 this year.

Tornes said she believes most of the area's nursing homes will not admit a registered sex offender. There is one sex offender currently residing at the Washington County Home, although the center has a clear policy against such individuals staying there. The woman is 41 and was convicted of rape and gross sexual imposition of a teenage boy.

"She was living there before the policy change and kind of grandfathered in," Tornes said.

Tornes said she has had two other cases where individuals on the sex offender registry have needed assisted living care. She said those individuals were turned away when the local facilities learned of their sex offender status.

"Neither experience was pleasant," Tornes said. "One gentleman was given just a short time to live and needed to be put in a facility in the area. Because he required community notification be issued, the facilities all turned him away. I tried to get an emergency meeting with a judge, because I think everyone is entitled to care, but he died before I got before the judge."

In the other case, Tornes said, a local nursing home determined a man was a sex offender then packed his belongings, took him out front and called a taxi.

"I thought that seemed out of line, but they obviously don't want sex offenders there, especially if they require community notification," she said.

No administrators of local nursing or assisted living centers returned phone calls seeking comment. ..Source.. by BRAD BAUER Special to The News and Sentinel

Placement of elderly sex offenders can be a challenge

1-22-2011 Georgia:

As the number of registered sex offenders continues to expand, so have the laws surrounding their classifications, generally making it more difficult for the offenders to fall off the registry.

While on the active registry, offenders are not permitted to live in certain areas, like near schools or day cares, but there are no clear rules for senior centers or nursing homes.

Ohio Rep. Andy Thompson, R-Marietta, said no one wants to think of their mother or grandmother sharing a room or a wing at a nursing home with a sex offender. He said he has heard some recent talk in the news and legislature about addressing the issue.

"I'm very much concerned about the residents of these homes because they are very vulnerable," Thompson said. "But you have to be careful about this."

Thompson said at a certain age or medical condition, some sex offenders may no longer be a danger to others. For example, he said, if a person is confined to a bed, they should probably not be considered a risk to others.

Washington County sheriff's Sgt. Patrice Tornes, who monitors the area's 134 registered sex offenders, said she would have mixed feelings about a proposal to limit access to nursing homes. Thirteen of the county's sex offenders are over age 60, with the oldest turning 91 this year.

Tornes said she believes most of the area's nursing homes will not admit a registered sex offender. There is one sex offender currently residing at the Washington County Home, although the center has a clear policy against such individuals staying there. The woman is 41 and was convicted of rape and gross sexual imposition of a teenage boy.

"She was living there before the policy change and kind of grandfathered in," Tornes said.

Tornes said she has had two other cases where individuals on the sex offender registry have needed assisted living care. She said those individuals were turned away when the local facilities learned of their sex offender status.

"Neither experience was pleasant," Tornes said. "One gentleman was given just a short time to live and needed to be put in a facility in the area. Because he required community notification be issued, the facilities all turned him away. I tried to get an emergency meeting with a judge, because I think everyone is entitled to care, but he died before I got before the judge."

In the other case, Tornes said, a local nursing home determined a man was a sex offender then packed his belongings, took him out front and called a taxi.

"I thought that seemed out of line, but they obviously don't want sex offenders there, especially if they require community notification," she said.

No administrators of local nursing or assisted living centers returned phone calls seeking comment. ..Source.. Brad Bauer by