Follow ABC 36 on Twitter

Bookmark and Share

Parole Officers Ignoring a Court Decision?
Written by John McGary   
Thursday, 29 October 2009 23:56
Toby Gibbs

Despite the state Supreme Court decision calling a 2006 law dictating where convicted sex offenders can live "unconstitutional," probation and parole officers will continue to enforce the law as it stands.

 

A spokeswoman for the state Corrections Department says that's because Attorney General Jack Conway has asked the high court to stay their decision while he appeals it to the U.S. Supreme Court.

 

Conway told ABC 36 News the decision to continue enforcing the 1,000 feet limit for schools, playgrounds and public parks was the Correction Department's, not his.

Asked if it was fair for people convicted before the law took effect to have additional penalties or burdens imposed upon them, Conway said, "I think there's a difference between a penalty and a burden. It's a balancing test. And you have to balance the additional burden of someone who's committed a sex offense and may, because of the nature of the offense, pose a continuing threat to society versus the needs of society.

Even before the Oct. 1st Kentucky Supreme decision, the 2006 updating of Megan's Law had its critics.

Ginny Ramsey of the Catholic Action Center said she supports the Sex Offender Registry, a website showing where every sex offender in Kentucky lives, but says the stricter residency requirements make it harder to keep track of them.

"You can't do that if they're homeless. And you can't do that by marginalizing them to certain areas of town, is what happens. The low income areas of town are all taken up," Ramsey said.

A news release from the Attorney General's office said they have until the end of the year to submit their case to the U.S. Supreme Court, which is not required to hear it. If it doesn't, Conway said sex offenders convicted before the 2006 law went into effect would not be required to observe the residency requirements.

  Bookmarks  Email This   Hits : 525
Comments (3)

Guest rodsmith says:
2009-Oct-31 20:03
avatar
citizen
i agree with you in the original supreme court decision they specialy state that it wasnt' like parole/probation and tehre was legal and that it wasn't liek them because the individuals were free to live, work. and go anywhere with no supervison and that they even had no requirment to udate the information in person. Funny that ALL the things the supreme court said WOULD HAVE MADE IT ILLEGAL ARE NOW REQUIRED...and don't take my word for it. here's the ACTUAL DOCUMENT.

http://www.law.cornell.edu/supct/html/01-729.ZO.html
Reply Reply  
Good
 
0
 
Bad
 
0
   Report Abuse Report
Guest rodsmith says:
2009-Oct-30 10:21
avatar
citizen
boy must be nice to just ignore a Supreme Court order. Funny i didnt' know it was optional. Last time i looked if the court said it was illegal...IT'S ILLEGAL unless or until eitehr that court or a HIGHER one said it was. So sounds to me like a few individuals in your state need to be in THEIR OWN PRISON.
Reply Reply  
Good
 
1
 
Bad
 
0
   Report Abuse Report
Guest HonestOpinion says:
2009-Oct-30 07:50
avatar
Are they kidding?
Attorney General Jack Conway has "asked" the high court to stay their decision while he appeals it to the U.S. Supreme Court.
Well, Is the stay in force or NOT? If "NOT", The Attorney General's job is to enforce the LAW as it stands and has the responsibility to prosecute anyone who would violate the law! "He" does not have to agree or like the law. All Registrants must be informed immediately of any changes being made, in writing and dated! Many registrants are violated because they are not well informed. I know there is nothing more entertaining and rewarding to law enforcement then violating a "sex offender" and prosecutors are delighted to join the fun, too! But, some ethical reasoning should also be followed, come on!
As far as the US LAW is concerned:
The US Supreme Court decision stands in Smith v. Doe, and promised registrants that the registration policies merely exposed their past criminal history. The US Justice's opinion, is the act of registration "would or could not" constitutionall y restrict the registrant from moving freely or living and working, as any other citizen.
It would appear, retroactive or not, any residency restriction, banishment, zoning, Halloween restriction, barred internet usage, etc., are in violation of America's LAW , as it stands. Legislator's across our entire Nation ignore what is US LAW, craft violations that conflict with US LAW and the US Government accepts these actions which violate US law. Come on? Please, America, Lay it on the line, One law, that's it! Stop with the all the craziness! Registrant's are getting dizzy! H--l,even judges, defense attorney's, PROSECUTORS are getting CONFUSED and crying foul it's unbelievable. This contry looks foolish all around the World their shaking their heads. The legislator's and their insane antics are forcing regisrant's to go under ground, the registrant's are tired, hungry and unsure what the law in this country is, today or even yesterday! Going under ground seems to me the only way to survive, their only chance to stay out of prison! Civil regulation, my bazooka, only Hitler would buy into that concept! Maybe Congress could get off their butts! Oops, I forgot they take orders from John Walsh, now what?
Reply Reply  
Good
 
1
 
Bad
 
0
   Report Abuse Report
Your Comment
Name*
Email*
Website
Title*
UBBCode
B
i
u
Quote
Code
List
List item
Img
URL
YouTube
Comment*
 0 Characters
Verify Code* 
 Notify me when new comment post on this article.
 I have read and agree to Term and Agreement
By submitting your comments ABC 36 we reserve the right, at our sole discretion, delete, or deny approval of your comments for any reason at any time without further notice.

We do not rent, sell, or exchange your name, personal information, or email address to third-party companies for their marketing purposes.

Please allow up to 24 hours for your post to be approved.

Thanks from ABC 36 for your comment on our site wtvq.com
 
Banner
Banner

Latest News on the Gulf Oil Spill

 

To view this site, you need to have Flash Player 8.0 or later installed. Click here to get the latest Flash player.

Latest photos of the spill
Banner
Banner