Historical Perspective on Residency Restrictions
Legislation enacted in 2006 (SB 506) authorized the creation of the Sex Offender Policy Board (SOPB) under the auspices of the Kansas Criminal Justice Coordinating Council to study and make recommendations pertaining to various issues involving sex offenders. One of the topics to be studied by the SOPB included restrictions on the residence of released sex offenders.
SB 506 also prohibited cities and counties from adopting or enforcing any ordinance, resolution, or regulation establishing residential restrictions for offenders required to register under the Kansas Offender Registration Act. This provision was scheduled to expire on June 30, 2008. During the 2006 Interim, the Legislative Coordinating Council created a Special Committee on Judiciary and charged the Committee to study actions by other states and local jurisdictions regarding residency and proximity restrictions for sex offenders to discover any serious unintended consequences of such restriction and identify actions Kansas might take that actually achieve the intended outcome of increasing public safety. The Committee held a joint hearing with the SOPB to take testimony from experts in the field. The Committee recommended the Legislature wait to receive the report from the SOPB on the topic before any legislative action was taken.
On January 8, 2007, the SOPB issued a report on its findings regarding sex offender residency restrictions. The SOPB concluded that while residency restrictions for sex offenders are widely supported by the public, there is no evidence they are effective in improving safety. The SOPB stressed that laws should genuinely enhance public safety rather than provide only a false sense of security. It recommended that the Legislature make the current moratorium on residency restrictions permanent, while still allowing local governments to regulate the placement of offender group homes through zoning. Instead of broad restrictions, the SOPB advised that residency requirements be determined by individualized risk factors.
During the 2008 Legislative Session, SB 536 was passed to eliminate the sunset provision on the prohibition on cities and counties from adopting or enforcing any ordinance, resolution, or regulation establishing residential restrictions for offenders.
During the 2010 Interim, the Joint Committee on Corrections and Juvenile Justice Oversight studied the issue of residency restrictions and concluded that sex offender residency restrictions have no demonstrated efficacy as a means of protecting public safety.
Legislation Related to Offender Residency or Travel Restrictions
2023 HB 2213. The bill, introduced by the House Committee on Corrections and Juvenile Justice at the request of a representative of the Kansas Judicial Council, would have removed the requirement that registered offenders provide notice when coming into any county or jurisdiction for employment or to attend school. The bill died in the House Committee at the end of the 2024 Session with no action having been taken.
2025 Senate Sub. for HB 2164. The conference committee report (CCR) for this bill was adopted by the Senate on March 27, 2025, but the CCR was not taken up by the House prior to adjournment. The bill, originally introduced as SB 288, would prohibit certain sex offenders from entering onto school property or attending school activities and would create criminal penalties for violating such prohibitions. The bill would create an exception to allow an otherwise prohibited person to attend a religious service on school property. Proponents testifying on the bill included several concerned parents of school children that attended a school dance where an adult registered sex offender was in attendance. Opponents expressed concerns that enactment of the bill could increase recidivism rates of sex offenders by isolating them from their communities and could expose the State to costly constitutional challenges.
Sex Offender School Restrictions in Other States
Permits, with Permission
Florida, Nevada, and Oregon allow sex offenders on school grounds with permission from their probation or parole officer before entering.
Arizona, California, Iowa, and Louisiana allow sex offenders on school property with written permission from the school administrator.
Alabama allows offenders on school property if they notify before, immediately report to the principal of the school upon entering, and comply with any other requirements of the school.
Prohibits, with Exceptions
Arkansas generally prohibits offenders on school property, but has exceptions for parents or guardians of students or for attending a graduation ceremony.
Idaho prohibits offenders on school property, with exceptions for parents or legal guardians at extracurricular activities.
Illinois prohibits a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity when persons under the age of 18 are present, unless the offender is a parent or guardian of a student attending the school and other conditions are met.
Indiana prohibits serious sex offenders from knowingly or intentionally entering school property, but provides an affirmative defense to prosecution if the offender enters the grounds for religious worship or instruction or when classes, extracurricular activities, or other school activities are not being held.
Mississippi restricts offenders from school property with exceptions for parents or legal guardians of students attending the school, provided they comply with notification requirements.
Missouri prohibits any person who has been found guilty of certain sexual offenses from being present in or loitering within 500 feet of any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity when persons under the age of 18 are present, unless the offender is a parent, legal guardian, or custodian of a student present in the building and has met specific conditions.
Tennessee prohibits sexual offenders and violent sexual offenders from knowingly being on the premises of any building or grounds of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center, or public athletic field available for use by the general public when children under 18 of age are present, but has exceptions for when the offender is a student, attending a conference as a parent or legal guardian, or dropping off or picking up a child with prior written notice to the school.
Utah prohibits sex offenders from being in certain “protected areas,” which include public or private primary or secondary schools, unless certain exceptions apply, such as performing parental responsibilities or when the school is open for a public activity other than a school-related function involving minors.
Prohibits, No Exceptions
Wyoming prohibits registered sex offenders who are 18 years of age or older from being on the premises of any school building or school grounds, or other properties owned or leased by a school when children under the age of 18 are present and involved in a school activity, or within 30 minutes before or after a scheduled school activity.
By Natalie Nelson and Walter Nelson.
See Judiciary, Corrections, and Juvenile Justice for more.
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