COM. v. BAKER

No. 2007-SC-000347-CL.

295 S.W.3d 437 (2009)

COMMONWEALTH of Kentucky, Petitioner, v. Michael BAKER, Respondent.

Supreme Court of Kentucky.

October 1, 2009.


Attorney(s) appearing for the Case

Jack Conway, Attorney General, Jason Bradley Moore, Assistant Attorney General, Office of Criminal Appeals, Attorney General's Office, Frankfort, KY, Christopher S. Nordloh, Covington, KY, Counsel for Petitioner.

Bradley Wayne Fox, Fox & Scott, PLLC, Covington, KY, Counsel for Respondent.


OPINION OF THE COURT

I. INTRODUCTION

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. Even though the General Assembly did not intend the statute to be punitive, the residency restrictions are so punitive in effect as to negate any intention...

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