SCHR:
Litigation Challenging HB 1059: Georgia's Sex
Offender Law
Frequently
Asked Questions
Where was this lawsuit
filed?
This lawsuit was filed in the US District Court for the Northern
District of Georgia in Rome.
Who is the lawsuit
against?
The named Defendants include Governor Sonny Perdue, Attorney General
Thurbert Baker, and Georgia Sheriffs.
Who is the Judge that
will be hearing this case?
U.S. District Judge Clarence Cooper is hearing this case.
How can I be part of the
lawsuit?
This lawsuit is a class action. Everyone on the registry is already a
part of this lawsuit.
Does this lawsuit challenge all parts of
HB 1059?
No. HB 1059 is a poorly drafted law
with many unfair and unreasonable provisions. The Whitaker lawsuit addresses
only some of the problems with the law: the residency and work restrictions.
The lawsuit does not challenge the provision
that requires some people to be on the sex offender registry for life. It
does not challenge the special restrictions imposed upon the very small
number of people classified as “sexually dangerous predators.” Neither does
the lawsuit challenge the mandatory minimum terms of imprisonment that will
apply to people convicted of certain crimes after July 1, 2006.
Will this lawsuit affect people on the
registry who are currently in prison?
We hope it will. We know that
Georgia’s sex offender residency restrictions make it very difficult for
people in prison to find a parole residence. This law is keeping people in
prison, in some cases for a year or more after they have been paroled. We do
not think this is fair. One of the named plaintiffs in the lawsuit is a
person on the registry who is in prison and cannot find a parole residence
that meets the law’s requirements. We hope that this lawsuit will help this
problem. Unfortunately, at this time, we do not know of any halfway houses
that accept males on the sex offender registry.
Can SCHR or the ACLU help me with my
criminal case?
Many people on the registry have written to us with questions about
their individual criminal cases. Others have asked for assistance in getting
off the registry. Unfortunately, we are not able to assist you with your
individual criminal case, nor will we be able to advise you about
whether/when you will be removed from the registry. We wish we could provide
assistance with these very important matters, but we simply do not have the
resources to provide individualized advice to people regarding their
criminal cases. If you have specific questions regarding your criminal case
or whether you are eligible to be removed from the registry, you may wish to
hire an attorney to assist and advise you.
How will I stay updated
on the case?
This is a high profile case and there will be coverage in your local
news. Also, if you have email, you should subscribe to our list for
updates. To subscribe, send an email to:
hb1059litigation-subscribe@yahoogroups.com.
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Offender Law
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