There are state and county laws that ban them from living there.
But, the state ban just includes offenders of parole supervision and probation.
When it comes to the Oneida County law, Assistant County Attorney, Raymond Bara says parole isn't in charge of enforcing the county one.
"Parole officers, their job is to enforce conditions of parole," said Bara.
According to Carole Weaver, a spokesperson for the Department of Corrections and Community Supervision, parole measures for the 1000 foot state law.
That law bans Level 3 sex offenders on parole, and offenders who's victim was under 18 from living within 1000 feet of a school.
Ms. Weaver asked me for names of offenders on parole that were in violation of the county law, to verify they were within state measurements.
Not all offenders were in compliance.
She said she called the parole officer and asked to go measure again.
Weaver was unable to do an on camera interview and says the first time, measurements were done in the car.
After re-measuring using a CIRIS check, she says a sex offender was living about 780 feet from a school.
Weaver says someone did not do the correct measurements, but says the parole officer met with the Utica Police Department and social services and says they agreed it was a good location.
Because of those incorrect measurements, and this report, the registered sex offender was forced to move.
Eyewitness News talked to the registered sex offender the day he was moving. He wants to remain anonymous, so we're calling him "John."
"I came home living here for four months and out of the blue, a parole officer came and told me I had to move. I'm homeless now, no place to stay," said John.
He says he understands there are laws in place and would have been following the law, if he would have been told he couldn't live there in the first place.
"I wouldn't have had a problem with it," he said. "I knew some of this stuff before I came home that some people have to go through some of this stuff. When I came home I thought everything was straight because you have to get approval of where you're living before you're even released from prison," he said.
But some elementary school parents that Eyewitness News talked to say it doesn't matter. They don't want registered sex offenders living near their children's schools.
"Put them outside the community where they are not wanted," said Patricia Siegler, a parent.
John says his situation was with a former underage girlfriend.
Because of her age, and his criminal past, unrelated to a sex crime, he gets the label of a Level 3 registered sex offender, the same level as serial rapist Robert Blainey.
"I see the looks, it's hard for me to get a job, it's hard for me to get help when I go talk to certain people," he said. "I notice a different in personality change. Sometimes people want to help me about it, some people don't," said John.
Despite the circumstances that have John on this list, most parents say they don't care.
"Whether they paid their debt to society or not, they still need to stay away from the schools," said parent, Zulma Santiago.
John says he does understand why parents would have concerns when they see a registered sex offender living near their child's school.
"There are some crazy people, but that's with any crime," he said. "What about a person can get out of jail for murdering someone, does he have to register for life?"
Eyewitness News asked the department how often incorrect measurements were made.
Carole Weaver says the state does not maintain that statistic.
Be sure to watch on Thursday as Eyewitness News covers those in violation of the Oneida County law and the concerns from law enforcement.