No, a majority of the offenders listed on the site are not currently being supervised by any state authority. These offenders "served out" their sentences, or completed their probationary periods, and are now free to move around and carry on with their lives, as long as they continue to follow the requirements of the sex offender registration law.
KRS 17.510(10)(e) states:
“A registrant shall register the following information with the appropriate local probation and parole office no less than twenty-one (21) days before traveling outside of the United States:
a. His or her passport number and country of issue;
b. The dates of departure, travel, and return; and
c. The foreign countries, colonies, territories, or possessions that the registrant will visit.
2. The registrant shall register the following information with the appropriate local probation and parole office no later than five (5) working days after the date of his or her return from traveling outside of the United States:
a. The date he or she departed, traveled, and returned; and
b. The foreign countries, colonies, territories, or possessions that the registrant visited.”
KRS 17.545 states:
“(1) No registrant, as defined in KRS 17.500, shall reside within one thousand (1,000) feet of a high school, middle school, elementary school, preschool, publicly owned or leased playground, or licensed day care facility. The measurement shall be taken in a straight line from the nearest property line to the nearest property line of the registrant's place of residence.
(2) No registrant, as defined in KRS 17.500, nor any person residing outside of Kentucky who would be required to register under KRS 17.510 if the person resided in Kentucky, shall be on the clearly defined grounds of a high school, middle school, elementary school, preschool, publicly owned or leased playground, or licensed day care facility, except with the advance written permission of the school principal, the school board, the local legislative body with jurisdiction over the publicly owned or leased playground, or the day care director that has been given after full disclosure of the person's status as a registrant or sex offender from another state and all registrant information as required in KRS 17.500. As used in this subsection, "local legislative body" means the chief governing body of a city,
county, urban-county government, consolidated local government, charter county government, or unified local government that has legislative powers.
(3) For purposes of this section:
(a) The registrant shall have the duty to ascertain whether any property listed in subsection (1) of this section is within one thousand (1,000) feet of the registrant's residence; and
(b) If a new facility opens, the registrant shall be presumed to know and, within ninety (90) days, shall comply with this section.
(4) (a) Except as provided in paragraph (b) of this subsection, no registrant who is eighteen (18) years of age or older and has committed a criminal offense against a victim who is a minor shall have the same residence as a minor.
(b) A registrant who is eighteen (18) years of age or older and has committed a criminal offense against a victim who is a minor may have the same residence
as a minor if the registrant is the spouse, parent, grandparent, stepparent, sibling, stepsibling, or court-appointed guardian of the minor, unless the spouse, child, grandchild, stepchild, sibling, stepsibling, or ward was a victim of the registrant.
(c) This subsection shall not operate retroactively and shall apply only to a registrant that committed a criminal offense against a victim who is a minor after July 14, 2018.
(5) Any person who violates subsection (1) or (4) of this section shall be guilty of:
(a) A Class A misdemeanor for a first offense; and
(b) A Class D felony for the second and each subsequent offense.
(6) Any registrant residing within one thousand (1,000) feet of a high school, middle school, elementary school, preschool, publicly owned playground, or licensed day care facility on July 12, 2006, shall move and comply with this section within ninety (90) days of July 12, 2006, and thereafter, shall be subject to the penalties set forth under subsection (5) of this section.
(7) The prohibition against a registrant:
(a) Residing within one thousand (1,000) feet of a publicly leased playground as outlined in subsection (1) of this section; or
(b) Being on the grounds of a publicly leased playground as outlined in subsection (2) of this section; shall not operate retroactively.
(8) This section shall not apply to a youthful offender probated or paroled during his or her minority or while enrolled in an elementary or secondary education program."
In addition, offenders under supervision may be restricted by the conditions of their probation or parole from living or working in areas where children are present, depending on the conditions placed upon them by the sentencing judge or the parole board.
In Com. v. Baker, 295 S.W.3d 437 (Ky.,2009), the Supreme Court of Kentucky stated in part that:
"The question of law to be answered is whether KRS 17.545, which restricts where registered sex offenders may live, may be applied to those who committed their offenses prior to July 12, 2006, the effective date of the statute. We hold that it may not."
The Kentucky State Police do not evaluate or approve particular locations for compliance with sex offender residence restrictions. If you have any questions concerning whether you are subject to the residence restrictions in KRS 17.545 or whether you may legally reside at a particular location you may wish to consult an attorney.
KRS 17.546 states:
“(1) (a) As used in this subsection, "electronic communications" means any transfer of information, including signs, signals, data, writings, images, sounds, text, voice, and video, transmitted primarily through the use of electrons or electromagnetic waves or particles.
(b) Except as provided in paragraph (c) of this subsection, a registrant who has committed a criminal offense against a victim who is a minor after July 14, 2018, shall not knowingly or intentionally use electronic communications for communicating with or gathering information about a person who is less than eighteen (18) years of age.
(c) It is not a violation of paragraph (b) of this subsection for a registrant to use electronic communications to communicate with or gather information about a person under the age of eighteen (18) years of age if:
1. The registrant is the parent of the person; and
2. The registrant is not prohibited by court order, or the terms of probation, shock probation, conditional discharge, parole, or any other form of early release, from communicating with or gathering information about a person.
(2) No registrant shall intentionally photograph, film, or video a minor through traditional or electronic means without the written consent of the minor's parent, legal custodian, or guardian unless the registrant is the minor's parent, legal custodian, or guardian. The written consent required under this subsection shall state that the person seeking the consent is required to register as a sex offender under Kentucky law.
(3) Any person who violates subsection (1) or (2) of this section shall be guilty of a Class A misdemeanor.”
Effective: July 14, 2018
Yes. KRS 17.510(4) provides that registrants are required to return to the appropriate local probation and parole office not less than once every two years in order for a new photograph to be obtained. The registrant must pay the cost of updating the photo for registration purposes.
No, only offenders convicted of statutorily covered crimes who fit the following criteria:
No, pursuant to KRS 17.500 and 17.510, convictions for sex crimes against adult victims also require registration.
The address verification procedure is conducted by sending an address verification form to the offender's registered address, which must be signed by the offender and returned within 10 days. Lifetime registrants have their addresses verified every 90 days, while the addresses of ten-year and twenty-year registrants are verified annually.
If an offender fails to respond to the address verification form, they are deemed non-compliant and local authorities are notified. The offender is then subject to being charged with a Class D felony for the first offense and a Class C felony for each subsequent offense.
Follow the link Legislative Searching Service and type the charge name (i.e. Rape 1st) or the KRS number (i.e. 510.040) in the top search field, this will return the legal definition of that charge.
Registered sex offenders report their address to the Department of Corrections prior to their release from prison, or the Division of Probation & Parole upon being assigned probation or moving in from another state. The information is collected on a standard offender registration form, which the offender must sign, and is then forwarded to the Kentucky State Police for inclusion in the database and placement on the website.
If an offender decides to move, he/she must report the address change to the local Probation & Parole office on an address change form prior to actually moving. This form is then forwarded to the Kentucky State Police for updating the offender's records, including the website.
If an offender moves without following the proper procedure, and it is discovered, then he/she is considered to be "Non-Compliant" and is subject to being charged with a Class D felony for the first offense and a Class C felony for each subsequent offense.
The offender's address can be obtained from the website. If you suspect an offender has moved from the address listed on the website, you should report this suspected violation to the law enforcement agency that serves your area so that an investigation may be conducted.
The information obtained from the website is considered to be public record and can be freely disseminated to anyone, without fear of civil penalties (see KRS 17.580).
There is, however, a specific statutory restriction against using this information to "Harass" a registered sexual offender and the website contains a warning to prevent harassment. Kentucky law penalizes criminal harassment See KRS 525.070 Harassment and KRS 525.080 Harassing Communications for specific legal definitions.
If a new school, daycare facility or publicly owned or leased playground opens within one thousand (1,000) feet of the registrant's residence, the registrant shall be presumed to know of this and must move within ninety (90) days. This restriction does not apply to a youthful offender probated or paroled during his or her minority or while enrolled in an elementary or a secondary education program. However, once the youthful offender registrant attains the age of majority (18 years old) and is no longer a student in an elementary or secondary education program he or she is subject to the residence restriction at that point.
Offenders are not registered until they are released from prison, so the offender may still be incarcerated for the charge. To check for offenders still in prison, click on the Department of Corrections KOOL link call the VINE system at 1-800-511-1670.
Keep in mind that many people are not actually convicted of the original charge brought against them. In addition, offenders who move out of Kentucky to other states and have their registration transferred to that state, are no longer "active" registrants in Kentucky, since they are not within our legal jurisdiction. They must follow the offender registration laws of the state that they move to.
The information listed on the website is all the Kentucky State Police are allowed to release about the offender. However, the Administrative Office of the Courts maintains a public access court records system in the Circuit Clerk's Office at each county courthouse/judicial center.
These court records may be open to the public, and may provide details about the offender and the crime he/she committed. However, only the Circuit Clerk in the county in which the offender was convicted would have information on the offense. Also, if the offender was convicted in another state, information concerning that conviction would not be available at a Kentucky Circuit Court and would need to be requested from the state in which the offender was convicted.
Any person who violates KRS 17.545 shall be guilty of a Class A misdemeanor for a first offense and a Class D felony for the second and each subsequent offense.
An offender's length of registration is based on a number of statutory requirements, which include: the type of offense they were convicted of, whether they have multiple convictions, a history of convictions for crimes that constitute sexual offenses or who have been convicted of specified crimes against victims who are minors.
Two registration periods are established by statute, lifetime and twenty years. Lifetime registrants must, of course, register for the rest of their lives. Lifetime registration is mandatory for offenders convicted, released, or registered after April 11, 2000 for the crimes of: Rape 1st Degree; Sodomy 1st Degree; Kidnapping or Unlawful Confinement of a Minor (except by a parent); those convicted of a sex crime who have prior convictions of specified offenses; those convicted of two or more felony criminal offenses against victims who are minors; all offenders moving into Kentucky and registering from another state or anyone designated as a Sexually Violent Predator in another jurisdiction. All other registrants must register for twenty years.
Twenty-year registrants must register for 20 years following discharge from confinement or for 20 years following the maximum discharge date on probation, shock probation, conditional discharge, parole or other form of early release, whichever is greater.
If offenders are re-incarcerated, their time on the registry is placed on "hold" while they are incarcerated, and resumes again once they are released.
You can report tips on suspected criminal activity of a non-emergency nature to your local law enforcement agency (police department, sheriff, or nearest Kentucky State Police post). Never submit information of an emergency nature via this website. In the event of an emergency, please dial 911 or telephone your local law enforcement agency immediately.
It is the duty of the registered sex offender to ascertain whether a school, daycare facility or publicly owned or leased playground is within one thousand (1,000) feet of the registrant's residence.
No. Kentucky State Police or other law enforcement agencies will not contact any registrant via phone to collect fees, fines or bond money. Please contact Kentucky State Police Sex Offender Registry at (502) 227-8700 if you have any questions.