Office of the Attorney General
Attorney General Conway Files Petition for Review with U.S. Supreme Court in KY Sex Offender Residency Ruling

Attorney General Jack Conway is asking the United States Supreme Court to review the ruling by the Kentucky Supreme Court that lifts the residency restrictions for all registered sex offenders who committed their crimes before July 12, 2006. General Conway today filed a Petition for Certiorari in the United States Supreme Court asking that the Court review the decision in the case of Baker V. Commonwealth.

The Kentucky Supreme Court ruled in October 2009 that the residency restrictions for sex offenders, passed by the Kentucky General Assembly in 2006, were unconstitutional when applied to offenders who committed their crimes before the new statute took effect. The 2006 statute made it illegal for a registered sex offender to live within 1,000 feet of a high school, middle school, elementary school, preschool, publically owned playground or licensed daycare.

"Allowing convicted sex offenders to live near schools or daycares is a serious public safety concern," said General Conway. "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."

Kentucky State Police estimate that more than 5,500 registered sex offenders are affected by the Kentucky decision, which allows them to reside near locations where children congregate.

General Conway's Office of Criminal Appeals filed a motion on October 21, 2009 with the Kentucky Supreme Court requesting that it suspend implementation of the ruling until the U.S. Supreme Court determines whether it will review the Kentucky case. That motion was denied.

Click here to view a copy of the Petition of Certiorari.