Kentucky chips away at their residency restrictions

Yesterday, a district court judge dismissed a case against a registered citizen who was charged with violating their residency restrictions.

This could be the first instance that chips away at that state’s SORR (sex offender residency restriction) that was passed this past October.

Attorney Mike Goodwin, who represented the client in that case also represents a small class of 11 registrants in a separate federal court case seeking to repeal the law.

He points out the following:

– The new law amounts to a second punishment for the original crime, which is ex post facto, or unconstitutional.

– Such punishment is often doing more harm than good. “If you take people who have been convicted of a sexual offense, just like any offense, the last thing you want to do is destabilize them.” he said.

– It causes “clustering” a forced concentration of sex offenders in one area, which can lead to problems.

– “Forcing them to move out of their homes, breaking up their families,” Goodwin said, “making them move where they can’t work — those things were a much harsher punishment than some of the original punishments for what were, in many cases, minor offenses.”

He also points out (no reference to Florida, naturally) that many other states who have passed SORRs are now doing an about-face after concluding that the laws make the problem worse.


Discover more from Florida Action Committee

Subscribe to get the latest posts sent to your email.

8 thoughts on “Kentucky chips away at their residency restrictions

  • May 11, 2016

    i am currently living in illinois and may move to kentucky to clarify the previous post

    Reply
  • May 11, 2016

    I actually spoke with Mark Goodwin today about residency restrictions. I am moving to terminate my probation early on May 24th in palm beach. If successful Mr. Goodwin told me that the residency restrictions would not apply to me because my arrest date precedes the enactment of the statute and violates expost facto law

    Reply
    • May 12, 2016

      That is partially true. If your offense occurred before October 1, 2004, you no longer are subject to the state’s 1000 foot rule. However, you may still be subject to the restrictions placed by city and county governments. In unincorporated Palm Beach County, that restriction is 1000 feet, but many municipalities have extended their restrictions to 2500 feet. Make sure you know the rules of any town you plan to move into.

      Reply
      • May 12, 2016

        I am not talking about residency restrictions in Palm Beach or anywhere else in Florida. I am talking specifically about the state of kentucky residency statute. A Kentucky Attorney, Mr. Goodwin says the offense criteria is June, 2006 and therefore I am not bound by any residency restriction laws that were enacted as of june 2006, I will go with the attorneys advice.

        Reply
        • May 12, 2016

          Every state is different, every County is different and every City is different.
          Florida says 1000 feet, Palm Beach County says 1000 feet, but Riviera Beach says 2500 feet. Even though Riviera Beach is in Palm Beach County, Florida, if you live there your restriction is 2500 feet.

          Reply

Comment Policy

  • PLEASE READ: Comments not adhering to this policy will be removed.
  • Be patient. All comments are moderated before they are published. This takes time.
  • Stay on topic. Comments and links should be relevant to this post.
  • *NEW* CLICK HERE if you have an off-topic comment or link.
  • Be respectful. Do not attack, abuse, or threaten. This includes cussing/yelling (ALL CAPS).
  • Cite. If requested, cite any bold or novel claims of fact or statistics, or your comment may be moderated.
  • *NEW* Be brief. If you have a comment of over 2,000 characters, please e-mail it to us for consideration as a member submission.
  • Reminder: Opinions and statements in comments are neither endorsed nor verified by FAC.
  • Moderation does not equal censorship. See this post for more information

Leave a Reply

Your email address will not be published. Required fields are marked *