Moral Side: Sex-Offenders

Kentucky probation and parole officers have been ordered to violate a state Supreme Court opinion that found it was unconstitutional to retroactively apply a law that restricts where sex offenders can live. The men and women who monitor sex offenders on probation and parole were told not to let the convicts live within 1,000 feet of a school, day-care center or playground even if their crime was committed before the statute was strengthened in 2006.

The Supreme Court opinion is being ignored because Attorney General Jack Conway is seeking to overturn it, said Lisa Lamb, spokeswoman for the Department of Corrections which oversees the Division of Probation and Parole. Conway's spokeswoman, Allison Gardner Martin, said that while it was true her boss was reviewing his options for getting the opinion overturned, he hadn't taken any official steps.

“That is very interesting,” said Richard Tewksbury, a professor of criminal justice at the University of Louisville who studies sex-offenders. “That is intriguing being that the case law now says one thing but yet probation and parole has purposely chosen to ignore the Supreme Court ruling and continue the enforcement.” He said it was disheartening that a state agency is instructing its employees to purposely violate a court opinion.

The strengthened rules became law on July 12, 2006, and were applied retroactively. It is thought that hundreds of registrants across the state had to move before the Supreme Court overturned the retroactivity clause Oct. 1.

With Halloween just a few days away, parents are talking to their kids about staying in groups and only going to homes they know. That can be especially important in Kentucky, where there is no special requirement to identify the homes of convicted sex offenders, as is the case in some other states. In years past, LMPD officers have done house checks to make sure sex offenders are where they are supposed to be, but according to a department spokesperson, that won't be the case this year.

While some sex-offenders who are on probation aren't allowed to participate in Halloween in any way, others on the registry are not forbidden from handing out treats to youngsters.

QUESTION: What are your thoughts on probation and parole officers ignoring the state Supreme Court’s ruling? Do you think Kentucky should have tougher sex offender laws especially during Halloween?

I am torn in my response. On the one hand, as a community we should do all we can to protect our children from sex-offenders. On the other hand, I find it disturbing that an elected official - the commonwealth’s attorney general, is ordering persons who work under him to violate the law. It disturbs me that a person who is elected and charged by the people of this state to enforce the law believes that it is appropriate to make up the law as he goes.

I do not know our attorney general, Mr. Jack Conway, so I cannot identify his motivation in doing this. May I suggest that a possible motivation is to advance his own political career. It is no secret that Mr. Conway has political aspirations. In taking this stand in violation of the law, he creates the appearance of being a crusader on behalf of children - a winning tactic. In the meantime, we need to ask how much it will cost the state of Kentucky after persons who were illegally told they had to move and did so sue the state.

Parents, step forward. You must be the first line of defense against those who prey on children. Halloween activities are no reason to lessen your vigilance.

Do we need tougher sex-offender laws? Yes. Do we also need public servants who obey the law? Yes.