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Kentucky Supreme Court overturns Sex Offender Law

Three years ago the Kentucky legislature passed a law banning convicted sex offenders from living within 1000 feet of schools, playgrounds, and day care centers. Today, the Supreme Court threw out that legislation by a 5-2 vote. According to the AP, the justices ruled, "the law is punitive because lawmakers applied it retroactively to sex offenders convicted before the restrictions were imposed."

As a parent, the possibility of a sexual predator harming one of my children is mind-numbingly terrifying. It is part of the reason I do not use their names in public settings online. However, I have a hard time believing this law had any real benefit with regards to protecting children. Kids run and play everywhere. If an offender is going to repeat, the location of his/her residence in relation to a school is of little consequence.

Despite the fact that Louisville is the 7th Safest City (pop 500,000+) there are still registered sex offenders in living in every zip code. If you are concerned and can stomach the results, here is the Kentucky Sex Offender Registry.

Photo courtesy of Mara66 on flickr.

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Erik Hitzelberger is a licensed REALTOR with RE/MAX Alliancein Louisville. If you need a Louisville Real Estate agent please email me or call 502.921.3989.

I specialize in the following areas of the Metro Louisville Area: Prospect, Middletown, Jeffersontown (J-Town), Fern Creek, Okolona, Shepherdsville, Mt Washington, Hillview, Brooks and Pewee Valley. Click the following links to learn more about Louisville and Bullitt County Real Estateor to Search for Louisville Homes

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Posted by Erik Hitzelberger, --Louisville-Bullitt County Real Estate on 10/01/2009 09:51 PM

Comments (15)

Louisville Crime in the Regional (Localism) Channel

louisville, sex offender registry

Originally posted at: Louisville & Bullitt County Real Estate : Kentucky Supreme Court overturns Sex Offender Law

15 Comments on Kentucky Supreme Court overturns Sex Offender Law

OCT

Erik, This reminds me of what Jay Leno has been talking about this week in another state where they banned sex offenders from living in communities and they now reside in tents in the woods. That's not a comforting thought either.

Barbara - This is a tough issue. One the one hand, these people have served their time but are still targeted after their lawful punishment has been served. On the other, it is the most vile and despicable of crimes and the repeat rate is way too high for comfort. Like everyone else, I just do what I can and hope it is enough. You are right though, tent cities of sex offenders is not comforting.

Unbelievable. And this after is is widely known that these offenders are some of the most notorious RE-OFFENDERS.

Oh boy. I hope they dont regret that decision.

wow.. why the heck would they even consider over turning that rule?

OCT

Sheldon - You are right! The recidivism problem is the scariest thing about sex offenders. I imagine that a new law will be passed quickly to cover offenders from this point forward.

John - It was ruled unconstitutional because it added punishment to people after they had served their time. As I just mentioned to Sheldon, I'm sure we'll have a new law soon. My problem is that I doubt the effectiveness. Pure speculation, but I'd guess the number of kids taken from homes, malls, etc exceeds that of the number taken from schools. I don't have a solution other than to try to watch my kids when I can and pray that someone else is looking after tham when I can't.

Wow...how scary. For those of you who have iPhones, you can download an app called "Offender Locator" and the free version lists the 10 nearest sex offenders by GPS location or specific address. The paid version lists them all. I was amazed at the number and close proximity of sex offenders...all living within 1 mile from me! :(

Leilani

I wonder how many of the people who overturned the ruling have children? How can they possibly justify their decision?

I am aware that this law will not keep offender from repeating, but I wouldn't have have voted to repeal it.

Leilani - Thanks for the tip. I guess there really is an app for everything. I ran my address last night and there were 3 within a mile.

Irene - Very good questions. I do understand the constitutional issue but, we have to have a better solution. Just last week, an Amber Alert was issued for a 12? year-old girl taken my a 43 year-old man she had been exchanging text messages with.

JL - This is a tough one because of the sensitivity to the issue and the repeat offender issue. It seems that no penalty is too tough for the most vile offenders. Like I said above, I'd be surprised if the legislature doesn't pass a new law that conforms with the Supreme Court guidance for future offenders.

I have no tolerance for people that commit crimes especially against kids. So I don't see what the problem is, convicted, gas as soon as they leave the court room.

Why as a society do we tolerate such things. I hope their is no one that is ok with one living, that would be stupendous. We need more death penalties, then law abiding people would have more of everything.

Charles - I appreciate your passionate response and your stance. It is more than a little odd that sexual crimes against children are universally considered the most vile and offensive acts and yet the penalties don't support that fact. Bernie Madoff will die in jail and 3 convicted pedophiles live within a mile of my house. This is disgusting.

OCT

Amazing that they threw out the law. You are right though the crime can happen just as easily somewhere else.

OCT

Erik, as parents all you can do is keep your eyes on your little ones, "re-offender" is a horrible thing to think of!

OCT

I'm confused about why everyone thinks it is "amazing" that the Supreme Court overturned the rule. They didn't overturn it because they like sex offenders. They overturned it because it was applied retroactively. That in and of itself makes it a very poor law. Imagine if we allowed all laws to be applied retroactively. Maybe that would be good because then all these holier-than-thou politicians with all their closet skeletons couldn't run for public office. Hmmmm. Maybe I'm on to something.

Anyway, just because the thought behind a law is good doesn't mean that the law itself is good. Let's hope that the Kentucky legislature can now come up with a better law.

I also have to disagree with your comment that "If an offender is going to repeat, the location of his/her residence in relation to a school is of little consequence." I believe that it does, indeed, have a lot of consequence. Schools are a gathering grounds for hundreds and even thousands of children, and if just one parent is late that day picking up her child, who started to walk home -- been there, done that -- and walks by Mr. Pedophile's house.... I'll leave it at that.

I'm not sure what the answer is since jails and prisons are not rehabilitation centers for any type of crime. Without rehabilitation, those who spent months, years, or decades in jail have no resources when they get out of jail, even to the point that some criminals commit crimes again simply so they can be sent back to jail where they have television, food, shelter, clothes, exercise, and everything else without having to worry about how they are going to pay for it all.

NOV

Erik, it is hard to believe! Great blog even though it is hard to stomach. I agree that Louisville is a great and safe city compared to many. Thanks for sharing!

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