Attorney General Jack Conway on Wednesday asked the U.S. Supreme Court to overturn the Kentucky Supreme Court on a ruling that would allow some registered sex offenders to live where they choose, without restrictions.
"Allowing convicted sex offenders to live near schools or day cares is a serious public safety concern," Conway said in a statement. "As a father and as Kentucky's attorney general, I will do everything I can to ensure the safety of children and families across the commonwealth."
In 2006, the General Assembly prohibited sex offenders from living within 1,000 feet of a school, preschool, public playground or licensed day care. In cities, this essentially put most downtown areas off-limits. The state previously restricted where sex offenders could live, but that was limited to sex offenders currently on probation or parole.
The legislature applied the new law retroactively to sex offenders convicted before 2006.
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But the Kentucky Supreme Court ruled Oct. 1 that the retroactive application of the law was unconstitutional because it created a new punishment for people who already have been convicted and sentenced. A month later, the court denied Conway's request to stay its decision while he appealed it to the U.S. Supreme Court.