BREAKING NEWS: Kentucky Supreme Court Strikes Down Law Limiting Where Sex Offenders Can Live.
I will update this post and analyze the court's opinion, some come back for that and my thoughts.
Update: Ky. Supreme Court strikes down law targeting sex offenders
By Shawntaye Hopkins
A state law limiting where registered sex offenders may live cannot apply to those who committed offenses before July 12, 2006, the day the law was implemented, the Kentucky Supreme Court ruled Thursday.
The law prohibits sex offenders from living within 1,000 feet of playgrounds, day-care centers and schools, and the law changed how the distance is measured.
The court, in a 5-2 decision, said the law is punitive and violates the ex post facto clause, or retroactive law, in the U.S. Constitution, which prohibits states from passing laws that increase punishment for old crimes. The restrictions will still apply to anyone convicted after July 12, 2006.
As of Thursday morning, there were 280 sex offenders in Fayette County, and six were not in compliance, according to the Fayette County Sheriff's Office. Sheriff Kathy Witt said some addresses are visited every day. Those who are incompliant are usually not living at the addresses listed for the individuals.
Witt received and skimmed the ruling Thursday morning. "I haven't had time to digest the whole thing," she said, adding that she planned to look it over and decide how to proceed.
State Rep. Joni Jenkins, D-Shively, lead sponsor of the bill, noted that the Supreme Court decision doesn't strike down the entire law, only a provision of the law.
Jenkins said the law still helps protect children, as it was meant to do. But she said it's also important for parents not to rely on the sex-offender registry because most children are abused by a family member or family friend.
Editor's comment: The ruling is NOT as bad as I initially thought it is.
You can read the opinion here.
Update: Ky. Supreme Court strikes down law targeting sex offenders
By Shawntaye Hopkins
A state law limiting where registered sex offenders may live cannot apply to those who committed offenses before July 12, 2006, the day the law was implemented, the Kentucky Supreme Court ruled Thursday.
The law prohibits sex offenders from living within 1,000 feet of playgrounds, day-care centers and schools, and the law changed how the distance is measured.
The court, in a 5-2 decision, said the law is punitive and violates the ex post facto clause, or retroactive law, in the U.S. Constitution, which prohibits states from passing laws that increase punishment for old crimes. The restrictions will still apply to anyone convicted after July 12, 2006.
As of Thursday morning, there were 280 sex offenders in Fayette County, and six were not in compliance, according to the Fayette County Sheriff's Office. Sheriff Kathy Witt said some addresses are visited every day. Those who are incompliant are usually not living at the addresses listed for the individuals.
Witt received and skimmed the ruling Thursday morning. "I haven't had time to digest the whole thing," she said, adding that she planned to look it over and decide how to proceed.
State Rep. Joni Jenkins, D-Shively, lead sponsor of the bill, noted that the Supreme Court decision doesn't strike down the entire law, only a provision of the law.
Jenkins said the law still helps protect children, as it was meant to do. But she said it's also important for parents not to rely on the sex-offender registry because most children are abused by a family member or family friend.
Editor's comment: The ruling is NOT as bad as I initially thought it is.
You can read the opinion here.
Labels: Constitutional Rights, Justice, KY Supreme Court, The Constitution
posted by KYJurisDoctor at 10:53 AM
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