Opinions on sex offender law differ

[varkam]

Opinions on sex offender law differ
Lexington Herald-Leader
Shawntaye Hopkins
August 1, 2007

Registered sex offenders in Kentucky say a law implemented last year is unfair because it punishes them for old crimes.

The response these offenders get in court depends on whose bench they approach.

A Kenton district judge in April ruled the law unconstitutional in a 36-page opinion appealed to the Kentucky Supreme Court. Another judge in the same county disagreed.

A Jefferson district judge ruled the law unconstitutional last week.


snip..

note to mods: I'm posting this in GD rather than the Kentucky forum as (as the article notes) the implications could reach well beyond Kentucky and because the law is fairly similar to other states.

[LiberalFighter]

1. I agree that it is wrong, illegal, unconstitutional to levy additional penalties after the sentence

Unless they violated their parole or probation they should be left alone. Unless they commit the crime again.

The history is that violations and penalties are not retroactive.

[LoZoccolo]

2. Their criminal record is public information, though.

A sex offender registry just organizes it for people.

ON EDIT: Oops I didn't read the article. I thought it was about registries and not residency restrictions.

[MADem]

3. Hmmm. Only way they could make this stick is if they put residency

restrictions into the sentencing. E.G. You are sentenced to ten years in jail, ten on probation, and you are sentenced to permanently abide by the residency restrictions issued by this court. Or words to that effect....

And there ought to be room for judicial discretion, to be able to go back to court and get the ruling changed if you need to be hospitalized or placed in long term care, for example.

An eighty year old guy with dementia in a wheelchair might be a candidate for a waiver of the rules...