Jeffries v. Justice & Pub. Safety Cabinet
Decision Date | 23 August 2019 |
Docket Number | NO. 2018-CA-001322-MR,2018-CA-001322-MR |
Citation | 605 S.W.3d 79 |
Parties | Billy S. JEFFRIES, Appellant v. JUSTICE AND PUBLIC SAFETY CABINET and Commonwealth of Kentucky, Appellees |
Court | Kentucky Court of Appeals |
BRIEFS FOR APPELLANT: Timothy G. Arnold, Frankfort, Kentucky.
BRIEF FOR APPELLEES: Graham Gray, Aaron Ann Cole, Frankfort, Kentucky.
BEFORE: GOODWINE, LAMBERT, AND MAZE, JUDGES.
Billy S. Jeffries has appealed from the order of the Franklin Circuit Court denying his motion for summary judgment challenging his need to register as a sex offender pursuant to Kentucky's Sex Offender Registration Act (SORA), Kentucky Revised Statutes (KRS) 17.500 et. seq. Finding no error, we affirm.
The facts underlying this appeal were the subject of a joint stipulation, which we shall rely on in this opinion. In June 1997, Jeffries was convicted in Shelby Circuit Court (95-CR-00049) for the murder and attempted first-degree rape of a 77-year-old woman. Jeffries was 15 years old when the crimes took place. He was sentenced to 35 years in prison, and he served out his sentence on May 1, 2017. On April 25, 2017, Jeffries registered as a sex offender by completing a Kentucky Sex Offender Registration Form, which listed him as a 20-year registrant. Pursuant to KRS 17.580, his registration information was posted on the public website of the Kentucky State Police. This public Sex Offender Registry website permits members of the public to search for registrants by name, address, or location, and they may ask to be informed if a registrant changes residence. Jeffries currently lives in McCreary County, Kentucky. Several documents were jointly filed, including the final judgment in Jeffries' criminal case, his Sex Offender Registration Form, his current web flyer posted on the Kentucky State Police public website, his discharge notice from the Department of Corrections, and the Sex Offender Registrant Responsibilities form he signed.
On December 18, 2017, Jeffries filed a complaint with the Franklin Circuit Court seeking declaratory and injunctive relief related to his need to register as a sex offender pursuant to SORA. As defendants, he named the Justice and Public Safety Cabinet (the agency responsible for developing and implementing the system) and the Commonwealth of Kentucky (the entity initiating prosecutions for violations of SORA) (collectively, the Cabinet). Jeffries stated that upon his release from custody in May 2017, he moved in with his wife and her two children in McCreary County. Also upon his release, he was told that he had to register as a sex offender for 20 years and comply with a list of conditions. These conditions included the prohibition from being on school or daycare grounds without written permission of the principal or school board pursuant to KRS 17.545(2), and he claimed that having to notify the officials where his step-children attended school would result in community members being informed of his status as a sex offender. This, he claimed, would negatively affect the children's education. He was unable to participate in any school events involving the children or to assist in parental duties, including picking the children up from school. Jeffries also alleged that he was prohibited from taking photographs of or filming his step-children without his wife's written permission pursuant to KRS 17.546(2). Finally, he stated that his status as a sex offender registrant had made it difficult to find and maintain employment, which was significantly impairing his ability to provide for his family.
For his claims for relief, Jeffries contended that as a youthful offender, SORA's retroactive application to him violated both the Kentucky and United States Constitutions as it was an ex post facto law, was cruel and unusual punishment, and because the registration requirement was not rationally related to a legitimate governmental interest. He requested that SORA be declared unconstitutional as applied to him. In its answer, the Cabinet sought dismissal of Jeffries' complaint.
In March 2018, the parties entered into stipulated facts as set forth above, and a briefing schedule was set. Jeffries filed a motion for summary judgment or to set the matter for a trial, to which the Cabinet responded. On August 6, 2018, the circuit court entered an opinion and order denying Jeffries' motion for summary judgment and entering a judgment in favor of the Cabinet, thereby dismissing Jeffries' complaint. This appeal now follows.
Our standard of review is set forth in Scifres v. Kraft , 916 S.W.2d 779, 781 (Ky. App. 1996), as follows:
"Because summary judgment involves only legal questions and the existence of any disputed material issues of fact, an appellate court need not defer to the trial court's decision and will review the issue de novo. " Lewis v. B&R Corp. , 56 S.W.3d 432, 436 (Ky. App. 2001) (footnote omitted).
Here, the parties have stipulated to the facts; therefore, the only issues before us involve questions of statutory interpretation, which constitute questions of law:
Commonwealth v. Davis , 400 S.W.3d 286, 287-88 (Ky. App. 2013).
The version of KRS 17.510 in effect when Jeffries registered as a sex offender provided as follows:1
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