Criminal: BRAY V. COMMONWEALTH (COA; 6/16/2006)

BRAY V. COMMONWEALTH
CRIMINAL:  Sex Offender Registration
2005-CA-001037
TO BE PUBLISHED
AFFIRMING (VANMETER)
DATE:  6/16/2006

CA affirmed Jefferson Circuit Judge Barry Willett’s order classifying Bray as a high-risk sex offender.  TC did not err by allowing the Commonwealth’s Attorney to appear on behalf of the Commonwealth at his assessment hearing.  Although the statute does not expressly authorize a representative of the Commonwealth to appear at the assessment hearing, the Commonwealth clearly has "a serious and vital interest in protecting its citizens from harm" by classifying and registering sex offenders, "which outweighs any inconvenience that may be suffered because of the notification and registration provisions."

CA rejected Bray’s argument that because he was assessed pursuant to the sex offender registration scheme enacted in 1998 and described in KRS 17.570, the trial court erred by requiring his registration information to be published on the Internet pursuant to KRS 17.580, as enacted in 2000.  Interpreting Hyatt v. Commonwealth, 72 S.W.3d 566, 570 (Ky. 2002), CA found TC did not err by requiring Bray’s registration information to be displayed on the Internet pursuant to KRS 17.580, as enacted in 2000.

Digested by Scott Byrd

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