Current through 2023-2024 Legislative Session Chapter 709
Section 42-1-13 - Sexual Offender Risk Review Board; composition; appointment; administration and duties; immunity from liability(a) The Sexual Offender Risk Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims' rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. The members of the board shall be appointed by the commissioner of behavioral health and developmental disabilities for terms of four years. On and after July 1, 2006, successors to the members of the board shall be appointed by the Governor. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21.(b) The board shall be attached to the Department of Behavioral Health and Developmental Disabilities for administrative purposes and, provided there is adequate funding, shall: (1) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department;(2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and(3) Hire its own personnel, including, but not limited to, administrative personnel and clinical evaluators.(c)(1) The board shall acquire, collect, and analyze information, including, but not limited to, criminal history record information, in determining a sexual offender's risk assessment as provided for under Code Section 42-1-14.(2) The board may employ investigators under the board's administration and supervision to complete the duties provided for under paragraph (1) of this subsection. The Georgia Bureau of Investigation shall maintain at least one position under the bureau's administration and supervision which shall facilitate the provision of summarized criminal history record information to the board from the Georgia Crime Information Center and the National Crime Information Center.(d) Members of the board shall be immune from liability for good faith conduct under this article.Amended by 2023 Ga. Laws 347,§ 6-2, eff. 5/4/2023.Amended by 2021 Ga. Laws 199,§ 3, eff. 7/1/2021.Amended by 2012 Ga. Laws 715,§ 2, eff. 7/1/2012.Amended by 2009 Ga. Laws 102,§ 3-3, eff. 7/1/2009.Amended by 2009 Ga. Laws 102,§ 3-2, eff. 7/1/2009.Amended by 2006 Ga. Laws 571,§ 24, eff. 7/1/2006.Added by 2003 Ga. Laws 382, § 1, eff. 6/4/2003. See 2006 Ga. Laws 571, § 30.