The Georgia Supreme Court heard arguments Monday over a state statute that dictates how “sexually dangerous predators” are classified.
Scott Gregory was designated a “sexually violent predator” in 2013, which is the highest risk designation and requires him to wear an electronic monitor for the rest of his life. Gregory was convicted for exposing himself and performing a sexually explicit act via webcam to an individual he believed was a 14-year-old girl, according to court documents.
Gregory claims he was denied his constitutional rights of due process after a Fulton County judge denied him a hearing to challenge his classification.
“It essentially amounts to a lifetime of house arrest,” said J. Scott Key, who represents Gregory. “We believe that any person who is going to be deemed a sexually dangerous predator for life should be entitled to a hearing.”
Georgia’s state statute on the classification of sexually dangerous predators says the court “may hold a hearing to determine the issue of classification.”
Mindy Park, an attorney for the state, said due process wasn’t violated.
“Even if we assume that due process is due, appellant [Gregory] has received it here in this case,” she said.
Gregory had the opportunity to have his classification re-evaluated, she said.
After the Sexual Offender Registration Review Board classified Gregory as a “sexually dangerous predator,” Gregory asked the board for a re-evaluation. After considering more evidence, the board again designated him as “sexually dangerous predator.”
Gregory then filed a petition for judicial review in Fulton County Court, but was denied a hearing.
The Georgia Supreme Court is expected to rule on the case by next spring. ..Source.. by Elly Yu
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