A lock ( Kentucky's tough-on-crime movement is a repeat offender statute.the persistent felony offender (PFO) law clearly heads the list of tough-on-crime measures that have lled prisons and jails beyond capacity, pushed the state's corrections budget off the charts, and changed the balance of power over punishment in ways that threaten the Vincent Adams in Kentucky Jefferson County arrested for Assault, Other CrimesINTIMIDATING A WITNESS, ASSAULT IN THE 2ND DEGREE, PERSISTENT FELONY OFFENDER-2ND DEGREE, PERSISTENT FELONY OFFENDER, PROMOTING CONTRABAND IN THE 1ST DEGREE. Just a question (I am not involved in any of these crimes Im speaking of. All PFO's were convicted of at least two counts, and half were convicted of three or more counts. subdivision. Get free summaries of new opinions delivered to your inbox! The article presents the results of an impact analysis of Kentucky's Persistent Felony Offender (PFO) Act of 1974. For example, if the defendant's crime would normally be charged as a class D felony, but the defendant is a persistent felony offender in the second degree, the crime will instead be charged as a class C felony (and incur the applicable penalties for a class C felony upon conviction). KRS Code: 510.040 [2] Felony Class: B Sentence Length: 20 years 0 months 0 days . LOUISVILLE, Ky. The way Marcus Jackson sees it, Kentucky's persistent felony offender law piles on too many years in prison for past convictions crimes for which people have already served . Brent Kelty, 32, was charged with murder and being a persistent felony offender after the death of 4-month-old Landon Mayes, who died of head trauma. The two most likely ways to qualify as a Persistent Felony Offender are (1) having been released from incarceration for a previous felony within the five (5) years of committing another felony and; (2) committing a felony while on any type of post incarceration supervision. One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. Anthony Antonio Eddins. In case you missed it, PBS' Emmy Award-winning documentary series Independent Lens and the Pulitzer Prize-Winning Courier Journal have launched a multimedia investigative series looking at Kentucky's Persistent Felony Offender (PFO) laws.The series hopes to use the power of journalism and filmmaking to examine the past present and what is to come for the Kentucky PFO law. assault, 4th degree (domestic violence) no visible injury. 0000001355 00000 n A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. 0000007162 00000 n It's called the persistent felony offender law or PFO for those who know of it. BTS:Why we decided to investigate Kentucky's persistent felony offender law. 0000030898 00000 n All rights reserved. Josh Glenn Shelby, 37, no address listed, is charged with possession of a firearm by a convicted felon and first-degree persistent felony offender on Nov. 4. If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . Kelty pleaded guilty to lesser charges of . This decision is something that should always be discussed with a competent attorney because the situation of a particular criminal defendant is what will determine the best course of action. Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. Of PFO's, 59 percent were white, 97 percent were male, and 60 percent received an additional sentence as a PFO in the second degree. 004, Indictment Count: Age: 40 . Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. The amount of additional time can vary wildly depending upon the circumstances of the defendant. Your email address will not be published. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. LOUISVILLE, Ky. A Kentucky law that's been on the books for more than four decades has added years of prison time to the sentences of tens of thousands of people. Finally, the People tendered sufficient admissible evidence at the persistent felony offender hearing to prove defendant's prior felony convictions (see People v Kenyon, 108 AD3d 933, 942 [2013], lv denied 21 NY3d 1075 [2013]; People v Shaw, 83 AD3d 1101, 1102-1103 [2011], lv denied 17 NY3d 801 [2011]). Share sensitive information only on official, secure websites. Phillip W. Matt, 42 of Hodgenville, was charged with second-degree persistent felony offender after punching LaRue County Detention Center Deputy Gary Huffins several times, causing him to receive a third-degree assault charge. Talk to an Attorney persistent felony offender ii. 0000034669 00000 n LAWRENCE COUNTY, Ky. (WYMT) - Three men are facing a host of charges following a drug raid at a home in Lawrence County this past weekend. For example, if the defendant's crime would normally be charged as a class D felony, but the defendant is a persistent felony offender in the second degree, the crime will instead be charged as a class C felony (and incur the applicable penalties for a class C felony upon conviction). (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the On Saturday . On January 1, 1975, Kentucky enacted its persistent felony offender (PFO) statute with the intention of cracking down on those who commit more than one felony, and deterring would-be offenders. And burglary? more felonies, as provided in paragraphs (b) and (c) of this. Kentucky may have more current or accurate information. 006, Indictment Count: Couch and another victim were struck in the face, causing physical injury. 0000004126 00000 n If you would like to talk to one of our attorneys about this or any other topic involving criminal defense, please contact us at Hurst & Hurst Law at (859) 209-2101. N4SXzhIk06*@ t nCO\L8Vd$. charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. may have more current or accurate information. 011, Indictment Count: |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. Disclaimer: These codes may not be the most recent version. Does a grand jury have to find a true bill for PFO? application/pdf Individual, offense, and criminal career characteristics were examined using data on 1,261 inmates incarcerated as persistent felony offenders (PFO's) as of May 1, 1985. LawServer is for purposes of information only and is no substitute for legal advice. However person did not retaliate just happened to be there when other party did. 0000003778 00000 n Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. 0000011091 00000 n (Ky. Rev. Nicholas Puckett was booked on 2/28/2023 in Lee County, Kentucky. According to court documents, Hall and Begley, either acting alone or in concert, possessed two forged checks, having knowledge that the check was forged and having the intent to defraud, deceive or injure another.. You have permission to edit this article. 0000008444 00000 n It's called the persistent felony offender law or PFO for those who know of it. 0000019536 00000 n Abstract PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. Lawmakers set up work group to study inconsistencies. Phillip W. Matt, 42 of Hodgenville, was charged with second-degree persistent felony offender after punching LaRue County Detention Center Deputy Gary Huffins several times, causing him to receive a third-degree assault charge. The LaRue County Grand Jury indicted Brian E. Hall, 50 of Central City, and Cody E. Begley, 28 of Louisville, for two counts of criminal possession of a forged instrument and being a persistent felony offender on Monday, Feb. 20. 012, Indictment #: 0000003149 00000 n 2011 Ky. Acts ch. Senate Bill 225. Now a son wants to break the cycle for others. Your email address will not be published. 0000001295 00000 n A chart is provided to show the classifications of persistent felony offenders and related sentences with parole eligibility. News / Jun 9, 2022 / 06:33 PM EDT. Defense attorneys, the man who wrote the law and people who've faced it say it is being used unfairly and has helped fuel Kentucky's incarcerationrate, which is among the highest in the nation. Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. 010, Indictment Count: In Kentucky, the concept of a Persistent Felony Offender (PFO) is created by Kentucky Revised Statute 532.080 which authorizes additional punishment for people who are at least twenty-one (21) years of age and have been convicted of multiple felonies within a given time period. Barry Jason Patton, 46, of Alycia Drive in Richmond, is charged with possession of handgun by a convicted felon and first-degree persistent felony offender on Dec. 5. LockA locked padlock Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. convicted of a felony after having previously been convicted of two or. The objective of Kentucky's 1974 Act was to punish offenders, not for a particular act, but for repeated criminal activity, for making crime a "career." You already receive all suggested Justia Opinion Summary Newsletters. 0000047059 00000 n 0000017513 00000 n Most PFO's were under 21 years of age at the time of their first felony arrest, and 75 percent were incarcerated for their first adult felony offense. There are two classes of misdemeanors recognized under Kentucky law. According to New York Consolidated Laws, Penal Law Section 70.10, a persistent felony offender is a person who stands convicted of a felony after having previously been convicted of two or more felonies. Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. The increased punishmentshave given prosecutors another powerful tool to push plea deals. KRS Code: 186.410(2) Felony Class: M Sentence Length: 2 years 0 months 0 days Historic Percentage of Time Served for Similar Offenders: no matching historical data: Parole Information (Parole Hearings are conducted 60 days prior to Parole Date) . (1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which such person presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. resisting arrest; and first-degree persistent felony offender. Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. uuid:b55d9844-741c-43d7-96eb-24541aa331d9 Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: 02/27/23 Jonni Clevinger, age 49 of Hardin KY, arrested and charged with Possession of a handgun by a convicted felon, possession of marijuana and possession of drug paraphernalia. Class C or D convictions see anincreaseto10 to 20 years, and someone with a class C felony must serve 10 years before they're parole eligible. He was in the persons house but was invited. 4 40 Kentucky Sentencing Guidelines For Misdemeanor Crimes. Stat. 0000013509 00000 n Copyright 2023. (1) When a defendant is found to be a persistent felony offender, the jury, in lieu of the sentence of imprisonment assessed under KRS 532.060 for the crime of which such person presently stands convicted, shall fix a sentence of imprisonment as authorized by subsection (5) or (6) of this section. Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. And could they do pretrial diversion , and what could be possible offers they are offered.. To be able to advise you in detail regarding these questions, please feel free to contact our office and set up a time to discuss these matters in more detail with one of our attorneys. (b) If the offense for which he presently stands convicted is a Class C or Class D felony, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than ten (10) years nor more than twenty (20) years. PCS, 1st offense, 2nd degree, escape, 2nd de-gree, resisting arrest, and persistent felony offender, 1st . 0000003951 00000 n 0000003986 00000 n Kentucky Online Offender Lookup. NKBA (Northern Kentucky Bar Association) It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. LockA locked padlock Second-degree persistent felony offendermoves the sentencing range to the next highest level. Very sad for state of Kentucky!! -- Amended 2006 Ky. Acts ch. Louisville, Fulton, KY. More Information >>>. Partly cloudy this morning, then becoming cloudy during the afternoon. HVn6}W[1"u[6 4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD violent felony offender as defined in section 70.08, who stands. Secure .gov websites use HTTPS -- Amended 1998 Ky. Acts ch. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. This site is protected by reCAPTCHA and the Google, There is a newer version of the Kentucky Revised Statutes, CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION. Each level carries a separate rangefor the prison sentence: 1 to 5 years,5 to 10 years,10 to 20 years and finally 20 to 50 years or even life in prison for a class A felony. 76, AN ACT relating to persistent felony offenders. Amend KRS 532.080 to define "violent act against a person"; provide that a jury may fix an enhanced term of imprisonment when they find a defendant to be a persistent felony offender; remove the condition that an offender completed service of the sentence they were imposed within . Rain and thunderstorms. An edition of Persistent felony offenders in Kentucky (1986) Persistent felony offenders in Kentucky a comparison of incarcerated felons by Wilson, Deborah G. Ph. He was charged with PERSISTENT FELONY OFFENDER II. George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. 0000002216 00000 n All persons displayed here are innocent until proven guilty in a court of law. Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 0000019453 00000 n When an individual is sentenced as a Persistent Felony Offender Kentucky for PERSISTENT FELONY OFFENDER II. Share sensitive information only on official, secure websites. How long is persistent felony offender in KY? 0000001096 00000 n Thank you. Adobe PDF Library 15.0 There are 3 people being charged with these crimes all the same charges is that possible? 0000031234 00000 n Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . trailer <<8620C6E15A864966B8F2053774DC9F6C>]/Prev 126074>> startxref 0 %%EOF 43 0 obj <>stream Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. To view our latest e-Edition click the image on the left. Overview of PFO. The careers of these offenders ranged from under 1 to 46 years. Possible jail times are set forth in KRS 532.090 and possible fines are listed in KRS 532.040. No, PFO acts as an enhancement on the charge. Often a prosecutor will allow a defendant to plead guilty and agree to not pursue sentencing as a Persistent Felony Offender or to allow the defendant to enter an Alford plea which by statute does not trigger the Persistent Felony Offender statute. High near 65F. 4 0 obj <> endobj xref ** This post is showing arrest information only. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). D. 0 Ratings 0 Want to read 0 Currently reading 0 Have read Overview View 1 Edition Details Reviews Lists Related Books Publish Date 1986 Publisher Person is charged with burglary in the first And retaliating against a person in the judicial process. 0000002673 00000 n Once on probation, can you go back and ask for diversion? In Kentucky, the concept of a Persistent Felony Offender (PFO) is created by Kentucky Revised Statute 532.080 which authorizes additional punishment for people who are at least twenty-one (21) years of age and have been convicted of multiple felonies within a given time period. The overall data reflected the fact that the PFO enhancement of sentences is not uniformly applied to all eligible offenders; this allows unfair application of 1974 Act. 11 . 001, Indictment Count: Winds ENE at 5 to 10 mph.. Tonight. Jennifer R. Duvall, 38 of Lebanon Junction, also received possession of a controlled substance charge. 0000028905 00000 n Adobe InDesign CC 13.1 (Macintosh) Arrest Age 38. endstream endobj 3 0 obj <> endobj 22 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1224.0 792.0]/Type/Page>> endobj 23 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1224.0 792.0]/Type/Page>> endobj 30 0 obj <>stream A persistent felony offender (PFO) designation in the state of Kentucky is an enhanced sentencing status applied to certain defendants after they have been convicted of three or more felonies. An official website of the United States government, Department of Justice. Ann. It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). Avoiding this additional sentencing after you are convicted of a qualifying felony is not realistically possible if you meet the criteria laid out in the Persistent Felony Offender statute. Grand July indicts six as persistent felony offenders, Lucky number seven: Hawks win 18th District again, MatHawks dominate Region 2 tourney for 19th tit, 45 days in: Perry acquires cutting-edge technology, The StockRoom of Kentucky: Where Stores Go to Shop. hb``Pe``ia MPs, EUAC@ q'%-?ku:,q2Z$5x69K;l 0 endstream endobj 5 0 obj <> endobj 6 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 7 0 obj <> endobj 8 0 obj <> endobj 9 0 obj <> endobj 10 0 obj <> endobj 11 0 obj <> endobj 12 0 obj [/Separation/R=19#20G=15#20B=84 13 0 R<>] endobj 13 0 obj [/ICCBased 25 0 R] endobj 14 0 obj [/Separation/85 13 0 R<>] endobj 15 0 obj <>stream of Transportation, speeding 15 mph over the limit and careless driving; Elton R. Martin, 39 of Greensburg, for first-degree criminal mischief, violation of EPO/DVO and violation of conditions of release; and Larry Allen, 55 of Hodgenville for menacing. A .gov website belongs to an official government organization in the United States. 810 Seventh Street NW, Washington, DC 20531, United States. Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. Overcast. US States (36975K) PERSISITENT FELONY OFFENDER CHARGES DISPOSED CALENDAR YEARS 201 9-202 1 STATEWIDE AND SCOTT COUNTY The Department of Information and Technology Services Research and Statistics 1001 Vandalay Drive Frankfort, KY 40601 (502) 573-2350 Page 1of 4 PERSISITENT FELONY OFFENDER CHARGES DISPOSED CALENDAR YEARS 201 9-202 1 STATEWIDE AND SCOTT COUNTY 0000017400 00000 n (3) A persistent felony offender in the first degree is a person who is more than twenty- one (21) years of age and who stands convicted of a felony after having been convicted of two (2) or more felonies, or one (1) or more felony sex crimes against a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more Page 1 of 3 Other indictments include Todd A. Pavey, 31 of Hodgenville, for operating a motor vehicle while under the influence of alcohol and/or drugs (fourth offense), failure to notify address change to Dept. Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. This Kentucky law destroyed his family. Required fields are marked *. Under Section 115 of the Kentucky Constitution and Kentucky Rules of Civil Procedure (CR) 76.37(10), the Commonwealth moved this Court to certify the law on the question of whether a conviction for which a defendant is currently on felony pretrial diversion can be used as a qualifier to indict that defendant as a second-degree persistent felony . | Recently Booked | Arrest Mugshot | Jail Booking . 0000026450 00000 n A "persistent serious felony offender" is a person awaiting sentencing for a felony who has previously been convicted of a crime for which he or she was sentenced to at least one year in prison (CGS 53a-40 (c)). (a) A persistent felony offender is a person, other than a persistent. UOR Code Kentucky Revised Statute Offense Description . On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. A persistent violent felony offender is a person who is (1) convicted of a violent felony offense, and (2) has two or more prior convictions for violent felony offenses that would qualify him for second violent felony treatment. Kentucky Online Offender Lookup [v 3.4.0.1] 0000019124 00000 n If so what jail time could they be looking at? 0000000016 00000 n 2023 LawServer Online, Inc. All rights reserved. 18-CR-64-2, Indictment Count: Bode Brooks 6/9/2022. 2, sec. {7At5gyF8C+%?[w 008, Indictment Count: While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. All Rights Reserved by Recently Booked. Official websites use .gov Now a son wants to break the cycle for others. 0000028562 00000 n 18-CR-77, Indictment Count: On October 9, 2017, Combs was indicted for one count of first-offense driving under the influence, three counts of first-degree wanton endangerment, one count of no registration plates, one count of no insurance, one count of first-degree possession of a controlled substance, two counts of second-degree assault, one count of prescription drugs . 11 tables. It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the streets. Kentucky Online Offender Lookup [v 3.4.0.1] This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. Kentucky's "persistent felony offender" law (PFO) is a prime example of the types of "tough-on-crime" laws that have pushed the state's incarceration rate to one of the highest in the world, draining hundreds of millions of taxpayer dollars each year for prisons and jails that are filled to dangerously high levels, reports the Louisville Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report Please check official sources. Hillard is a second-degree persistent felony offender having previously been convicted entered on or about June 18, 2021. She was indicted for second-degree assault and persistent felony offender. The amount of time is difficult to explain because it can be calculated multiple ways. Updated: March 1, 2023 @ 11:45 pm Section 532.080.) Slight chance of a rain shower. 0000023062 00000 n (Ky. Rev. %PDF-1.6 % A good friend of mine is.). Read the full series by subscribing to The Courier Journal today. Official websites use .gov The objective of Kentucky's 1974 Act was to punish offenders, not for a particular act, but for repeated criminal activity, for making crime a "career." Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. . This is a passive informational site providing organization of public data, obtainable by anyone. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. %PDF-1.6 % He was 40 years old on the day of the booking. Persistent Felony Offender In KY. The court must impose a maximum prison term of life imprisonment (N.Y. 2018-10-10T15:58:17-04:00 U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L Best Answer Copy It is when a felon keeps on getting charged with felonies. lex loci - october 2018 The law was designed for "extraordinary use," its originalauthor said. Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected.