State high court Good law

Commonwealth v. Baker

295 S.W.3d 437 (Ky. 2009)

Kentucky’s residency restrictions cannot be applied to people whose offenses came before the restrictions were enacted.

Court
Supreme Court of Kentucky
Decided
October 1, 2009
Reach
Kentucky
Verified
September 30, 2026
Read the opinion All cases

Good law. Still followed. Later cases may have narrowed it — see Scope. Final word on that state’s own law and constitution — in that state only.

What happened

Kentucky’s 2006 amendments to KRS 17.545 barred registrants from living within 1,000 feet of a school, preschool, playground or licensed day care. Baker, whose offense predated the amendment, was charged with violating it.

What the court decided

By 5–2, the court held that applying the residency restrictions to offenses committed before July 12, 2006 violates the ex post facto clauses of both the U.S. and Kentucky constitutions, because the restrictions are punitive in effect. The U.S. Supreme Court declined review in 2010.

Why it matters to the Registry

Baker is a leading state decision reaching the opposite result from Doe v. Miller on residency rules, applying the Smith v. Doe test to find them punitive when applied retroactively.

What it did not decide

It addressed residency restrictions only. The court confirmed in Buck v. Commonwealth (2010) that registration itself is not ex post facto, and Baker does not protect people whose offenses came after the 2006 amendments.

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