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.
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.
KRS 17.545 prohibits registered sex offenders from living near schools, daycare facilities and publicly owned playgrounds. These offenders are prohibited from living within 1,000 feet of a high school, middle school, elementary school, preschool, publicly owned playground, or licensed day care facility. The measurement is taken in a straight line from the nearest property line of the school to the nearest property line of the registrant's place of residence. 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.
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 provides that:
01. "(1) As used in this section:
a. "Instant messaging or chat room program" means a software program that allows two (2) or more
persons to communicate over the Internet in real time using typed text; and
b. "Social networking Web site" means an Internet Web site that:
1. Facilitates the social introduction between two (2) or more persons;
2. Allows a person to create a Web page or a personal profile; and
3. Provides a person who visits the Web site the opportunity to communicate with another person.
02. No registrant, as defined in KRS 17.500, shall knowingly or intentionally use a social networking Web site or an
instant messaging or chat room program if that Web site or program allows a person who is less than eighteen
(18) years of age to access or use the Web site or program.
03. Any person who violates subsection (2) of this section shall be guilty of a Class A misdemeanor."
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 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 playground is within one thousand (1,000) feet of the registrant's residence.