MONTGOMERY COUNTY - If you thought sex offenders had to live far away from your child's daycare, think again. We have learned of a disturbing
- It's not a loophole, it's a constitutional issue! You cannot apply laws to someone who was convicted before the new law came about, that is an ex post facto and unconstitutional law.
Under state law registered sex offenders are banned from living within a thousand feet of schools, pre-schools, and daycares. Well, at least most sex offenders.
"If you pay your debt, you should be allowed a second chance but I totally disagree with offenders being allowed to live close to daycares," said Ron McKenstry, a father from Huber Heights.
- So then you don't believe in second chances!
There are almost 1100 registered sex offenders in Montgomery County. 55 live near daycares.
Some of those convicts are labeled by the state as sexual predators, but they're still legally allowed to live within a thousand feet of a place where dozens of children play.
"It's a big deal to this office. Not every sex offender is convicted of an offense against a child. Or a child of preschool or daycare age. But it is a concern. I know it's a concern for parents," said Montgomery Co. Sgt. Julie Stephens.
"Parents have rights too and they have to do everything they can to protect their children," McKenstry said.
- That is called being a parent which isn't a right!
Sex offenders that committed their crime before July 1st, 2007 are allowed to live near preschools and daycares. Those exempt offenders were grandfathered into that portion of the law because the crime occurred before the law went into effect.
"Even if they committed the crime before a specific date, I don't think they should be allowed to live near daycares by any means. I don't think it's a good idea, not a good idea," said Kettering mom, Molly Hallock.
Sgt. Stephens heads up Montgomery County's sex offender unit. She's well aware of every offender that's allowed to live within a thousand feet of a daycare. In fact at the time of our interview with her, she had just found three offenders to be in violation. They were living a stone's throw away from a daycare, when they were not exempt from the law. The prosecutor's office served each offender with a letter, giving them 30 days to get out.
"A lot of people are not aware when they're living next to a home or daycare, so as soon as we serve them, they start looking for alternate residences," Stephens said.
However the majority of offenders that live near daycares in Montgomery County, can't be forced to move due to their exemption.
- It's due to the constitution!
"People should get with their children and talk to your children about safety and maybe even show them a picture. Let them know this is a person we don't want to have interaction with," Stephens said.
All offenders, exempt from the law or not are required to register with the sheriff's office. So no matter what, with a few clicks of the mouse, you can find out if they live near your child's daycare.
- But you can't find out about the serial killer who may be living near you, or other dangerous criminals, that would be illegal!