Such electronic monitoring system shall be worn by a sexually dangerous predator for the remainder of his or her natural life. The sexually dangerous predator shall pay the cost of such system to the Department of Community Supervision if the sexually dangerous predator is under probation or parole supervision and to the sheriff after the sexually dangerous predator completes his or her term of probation and parole or if the sexually dangerous predator has moved to this state from another state, territory, or country. The electronic monitoring system shall be placed upon the sexually dangerous predator prior to his or her release from confinement. If the sexual offender is not in custody, within 72 hours of the decision classifying the sexual offender as a sexually dangerous predator in accordance with subsection (b) of this Code section, the sexually dangerous predator shall report to the sheriff of the county of his or her residence for purposes of having the electronic monitoring system placed on the sexually dangerous predator.
History. Code 1981, § 42-1-14 , enacted by Ga. L. 2006, p. 379, § 24/HB 1059; Ga. L. 2010, p. 168, § 12/HB 571; Ga. L. 2010, p. 878, § 42/HB 1387; Ga. L. 2011, p. 752, § 42/HB 142; Ga. L. 2012, p. 985, § 3/HB 895; Ga. L. 2013, p. 1056, § 1/HB 122; Ga. L. 2015, p. 422, § 5-66/HB 310; Ga. L. 2016, p. 443, § 8-1/SB 367.
The 2012 amendment, effective July 1, 2012, added the fifth sentence of paragraph (a)(2).
The 2013 amendment, effective July 1, 2013, added the sixth sentence in paragraph (a)(2).
The 2015 amendment, effective July 1, 2015, in paragraph (a)(2), in the third sentence, inserted “or supervision” and inserted “or the Department of Community Supervision”, inserted “State” preceding “Board of Pardons and Paroles” near the beginning of the sixth sentence; in paragraph (a)(3), substituted “sexual offender” for “sex offender” near the beginning, and inserted “the Department of Community Supervision,” in the middle; in subsection (b), inserted “the Department of Community Supervision,” near the end of the last sentence; and, in the second sentence of the undesignated language at the end of subsection (e), substituted “Department of Community Service if the sexually dangerous predator is under probation or parole supervision” for “Department of Corrections if the sexually dangerous predator is on probation; to the State Board of Pardons and Paroles if the sexually dangerous predator is on parole;”. See Editor’s notes for applicability.
The 2016 amendment, effective July 1, 2016, substituted “Supervision” for “Service” in the second sentence of the undesignated paragraph of subsection (e).
Editor’s notes.
Ga. L. 2006, p. 379, § 30/HB 1059, not codified by the General Assembly, provides, in part, that: “The provisions of this Act shall not affect or abate the status as a crime of any such act or omission which occurred prior to the effective date of the Act repealing, repealing and reenacting, or amending such law, nor shall the prosecution of such crime be abated as a result of such repeal, repeal and reenactment, or amendment.”
Ga. L. 2010, p. 878, § 54(e), not codified by the General Assembly, provides: “In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2010 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to subsection (a) of this Code section by Ga. L. 2010, 878, § 42, was not given effect.
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date.”
Law reviews.
For article on 2006 amendment of this Code section, see 23 Ga. St. U. L. Rev. 11 (2006).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 231 (2015).
For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).
For annual survey on criminal law, see 71 Mercer L. Rev. 69 (2019).
Structure Georgia Code
Chapter 1 - General Provisions
Article 2 - Sexual Offender Registration Review Board
§ 42-1-12. State Sexual Offender Registry
§ 42-1-16. Definitions; Employment Restrictions for Sexual Offenders; Penalties
§ 42-1-17. Definitions; Residency Restrictions for Sexual Offenders; Penalties
§ 42-1-19. Petition for Release From Registration Requirements