Georgia sex offenders and violent felons serving less time

DALTON, Georgia(WDEF) – According to several prosecutors, many Georgia sex offenders and violent felons are not only receiving early paroles but also pardons.

Whitfield County District Attorney Bert Poston is one of many prosecutors across the state of Georgia speaking out about violent offenders and convicted sexual predators who are being released back onto the street without adequate notification to both the victims or the prosecutors office.

"Either we would not always get notified about parole and other actions or the notification would get to us so late that there was no effective time to respond," Poston said.

That means victims of sexual assaults and violent crimes are not being notified that their attacker is being paroled early or pardoned.  On some occasions, the notification to the DA’s office is arriving after the convicted attacker is back out into society.

In Savannah Georgia, Barry Davis was convicted of child sodomy and sentenced to 2 years in prison and 8-years probation. The state parole board pardoned him without notifying the victim. Davis now resides in North Carolina.

"We don’t know how many people have been pardoned that is living here in Chatham County and technically this man who was pardoned of a sex offense could go work in a daycare in North Carolina. There would be nothing to stop him," said Chatham County District Attorney Meg Heap.

Other high-profile pardons in Georgia include Alvin Bishop. He was convicted of child molestation and served time in prison. But he was also reportedly pardons without the victim being notified. The pardon allows him to apply to have his rights to own a firearm reinstated

"We may have violent offenders from this community who are back in this community after being paroled and finishing their sentences who have gotten their firearm rights restored and we just don’t know about it because the parole board wasn’t sending notifications out even after the fact," Poston said.

The controversy surrounding the secrete release of offenders and pardons granted to some offenders centers on the Georgia Parole Board.

WDEF spoke to prosecutors who feel the board lacks transparency.

According to an investigation by the Atlanta Journal Constitution, the state parole board quietly restored firearm rights to more than 1,400 felons over a six year period.  Between 2008 and 2013, violent offenders regaining gun privileges spiked from 6-percent to 31-percent. Heap told WDEF that on one occasion, she confronted one of the state parole board members about the lack of transparency.

"We were upset about what had occurred with our child molester and we said we’ll go to the governor since he’s the one who appoints you. And I was told by the board member; go ahead, because they don’t answer to anyone," Heap said.

Unlike most states that allow the governor to pardon convicted felons, Georgia allows the parole board to make those decisions. Board members are appointed by the governor to 7-year terms and confirmed by the state senate. They have the power to make decision in secrecy including commuting executions.

WDED has reached out to the Georgia State Parole Board but no one has returned phone calls.

In the meantime, actions are being taken to reduce some the power that the board wields.

House Bill 71 also known as the Parole Board Transparency Act is a proposed change in policy that would force the board to be more transparent.

"We think that it would provide much need transparency to that process; notification to us and notification to victims; not only about the parole process but the process of pardons, firearm restoration and things like that. Victims and prosecutors should have a right to be involved and at least be heard before those decisions are made," Poston said.

The secrecy surrounding the pardon process has become a hot topic of concern across the state. Heap explained to WDEF how pardons are currently being granted without input from victims or prosecutors.

"They don’t sit down and discuss the case. They look at the case via a computer and they say yes or no. so when three people say yes to a pardon, they don’t even consider the other board members," Heap said.

House Bill 71 overwhelming passed in the House by a vote of 162 to 8. Arguments for and against the bill are now being heard in the Senate.