Copyright 2023. 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). Johnathan Dixon, passed to 2/24 to enter plea. 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. George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. Low 56F. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. 2023 LawServer Online, Inc. All rights reserved. Kentucky Online Offender Lookup. Slight chance of a rain shower. 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. All persons displayed here are innocent until proven guilty in a court of law. 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 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. (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. convicted of a felony after having previously been convicted of two or. There are two classes of misdemeanors recognized under Kentucky law. alcohol intox in a public place (1st & 2nd offense. 0000034299 00000 n
Chance of rain 100%. 0000003986 00000 n
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.. 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. 0000005446 00000 n
Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. Secure .gov websites use HTTPS All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. LockA locked padlock Defendants are eligible for a PFO charge if they have at least one past felony conviction and their full sentence including prison time, probation or restitution ended within five years of their current case. subdivision. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. Just a question (I am not involved in any of these crimes Im speaking of. Very sad for state of Kentucky!! 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. Here's what you need to know about Kentucky's PFO law: The persistent felony offender law went into effect in 1974, aspart of a complete revision of the criminal code. The analysis concentrated on two questions: does the PFO law concentrate upon dangerous/violent offenders, and is the PFO law being used in a fair manner? This Kentucky law destroyed his family. 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 . (2) A persistent felony offender in the second degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been . All Rights Reserved by Recently Booked. 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 0000030898 00000 n
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Arrest Age 38. 0000010919 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. Does a grand jury have to find a true bill for PFO? Randall Napier, 38, of 746 Stinking Branch, is charged with first-degree trafficking in a controlled substance (more than two grams of methamphetamine, first offense), receiving stolen property valued at under $10,000 belonging . endstream
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Official websites use .gov She was indicted for second-degree assault and persistent felony offender. Robert Lawson, thenow-retired University of Kentucky professor who wrote the original version,said these changesturnedthe PFO law it into "a sentencing weapon of monumental proportions.". The amount of additional time can vary wildly depending upon the circumstances of the defendant. Booking Date: 2/28/2023 4:37:00 PM. Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. 2018-10-10T15:58:17-04:00 He was charged with PERSISTENT FELONY OFFENDER II. 0000001295 00000 n
For example, if a defendant has been convicted and sentenced to five years 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. They created the category of second-degree persistent felony offender, which meant someone could face the law's harsher punishment after just one conviction. 007, Indictment Count:
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 To view our latest e-Edition click the image on the left. 0000003457 00000 n
Joyce, thank you for reaching out. 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 five years prior to the date of the felony that he or she now 45, effective July 12, 2006. However, if a person who stands convicted of felony is at least 21 years old, has been convicted of a prior felony, and was at least 18 years old at the . 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. There are 3 people being charged with these crimes all the same charges is that possible? 0000003778 00000 n
First-degree persistent felony offender brings even harsher punishmentsfor some. Once on probation, can you go back and ask for diversion? HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L resisting arrest; and first-degree persistent felony offender. Kentucky's PFO law, implemented in 1974, provides prosecutors with the option of enhancing the sentence for a person convicted of a felony if they have previously been convicted of any felony offense.PFO 2nd degree applies to individuals with one previous felony conviction (with the condition that either the sentence has been completed within the past five years, the person . |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- The provisions of this section amended by 1994 Ky. Acts ch. I have never personally seen anyone be successful in making that request.
Please check official sources. AN ACT relating to persistent felony offenders. LawServer is for purposes of information only and is no substitute for legal advice. newsletter The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. 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. No, PFO acts as an enhancement on the charge. All Rights Reserved. How long is persistent felony offender in KY? 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. 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. Adobe PDF Library 15.0 more felonies, as provided in paragraphs (b) and (c) of this. 073101 532.080(3) PERSISTENT FELONY OFFENDER - FIRST DEGREE 073102 532.080(2) PERSISTENT FELONY OFFENDER - 2ND DEGREE 909817 532.080 *OBS* PERSISTENT FELONY OFFENDER 999022 532.080 PERSISTENT FELONY OFFENDER **AOC** This data was limited to those cases filed since 1/1/2017. Rain and thunderstorms. Persistent Felony Offender In KY. Bode Brooks 6/9/2022. State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. KRS Code: 510.040 [2] Felony Class: B Sentence Length: 20 years 0 months 0 days . (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. The amount of time is difficult to explain because it can be calculated multiple ways. Kelty pleaded guilty to lesser charges of . Best Answer Copy It is when a felon keeps on getting charged with felonies. may have more current or accurate information. | Recently Booked | Arrest Mugshot | Jail Booking . 0000034669 00000 n
Anthony Antonio Eddins. 008, Indictment Count:
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(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. 22-CR-260, No parole information found for this offender. This is a passive informational site providing organization of public data, obtainable by anyone. This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. Penal Law 70.08). US States (36975K) If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . National Archive of Criminal Justice Data, Human Subjects and Confidentiality Requirements, Guidance for Applicants and Award Recipients, National Criminal History Improvement Program, National Incident-Based Reporting System (NIBRS), National Survey of Crime and Safety (NSCS), Victim Services Statistical Research Program, National Recidivism and Reentry Data Program, Deborah G. Wilson, Ph.D., University of Louisville, HIV in Prisons, 2020 Statistical Tables, Criminal Victimization, 2020 Supplemental Statistical Tables, Justice Assistance Grant (JAG) Program, 2019, National Criminal Justice Reference Service. Kentucky for PERSISTENT FELONY OFFENDER II. 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 However, it is also important to remember that the defendant must be found guilty of the underlying charge in order to incur PFO punishment enhancements. 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. 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 Kentucky may have more current or accurate information. PCS, 1st offense, 2nd degree, escape, 2nd de-gree, resisting arrest, and persistent felony offender, 1st . Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. Bond is same as primary charges plus conditions. 26, effective June 8, 2011. Stat. Age: 40 . -- Amended 2006 Ky. Acts ch. %PDF-1.6
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Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. 0000002673 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. All PFO's were convicted of at least two counts, and half were convicted of three or more counts. 18-CR-64-2, Indictment Count:
PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. Kentucky Online Offender Lookup [v 3.4.0.1] 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. (Ky. Rev. Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. 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. The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison before being eligible for parole. persistent felony offender ii. 001, Indictment Count:
I am sorry to hear that your family has been having such a difficult time. 0000012292 00000 n
UOR Code Kentucky Revised Statute Offense Description . 11 . Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. Compared to second degree PFO's, first degree PFO's were likely to be older, younger at first conviction, better educated, and more likely to have marital-family and sexual problems. 0000022658 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 N4SXzhIk06*@ t
nCO\L8Vd$. It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. 18-CR-77, Indictment Count:
2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. My son has been in Prison off and on for PFO for a total of last 8 years this has absolutely distorted his life and has a 9 year old that doesnt even know his dad!! charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. 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. Lawmakers set up work group to study inconsistencies. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. Partly cloudy this morning, then becoming cloudy during the afternoon. Brent Kelty, 32, was sentenced to 16 years for a manslaughter charge for the death of 4-month-old Landon Mayes, who died of head trauma. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. News / Jun 9, 2022 / 06:33 PM EDT. ) or https:// means youve safely connected to the .gov website. Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. Possible jail times are set forth in KRS 532.090 and possible fines are listed in KRS 532.040. And burglary? You can explore additional available newsletters here. On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. 0000026860 00000 n
He received an additional nine years in prison for violating. 0000007162 00000 n
Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. 006, Indictment Count:
This site does not charge for viewing any of our published data, and we do not accept payments of any kind. But the effort is. Jesse Swartz, bench warrant issued. Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. application/pdf 0000019453 00000 n
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The Courier Journal, in partnership with the Vera Institute of Justice and the Public Broadcasting Services' "Independent Lens," spent months investigating the scope of the law's reach and its devastating impact on families across the commonwealth. Data on all incarcerated persistent felony offenders (N =. Kentucky Online Offender Lookup [v 3.4.0.1] BTS:Why we decided to investigate Kentucky's persistent felony offender law. When the court finds that a person is a persistent felony offender, additional or harsher punishment may be imposed upon them. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. 2 indicted for assaultOn or about Jan. 22, either acting alone or in concert, Thomas D. Heath, Jr., 44 of Hodgenville, and James D. Hargis, 38 of Somerset, unlawfully entered the residence of Antonio Couch with a deadly weapon. Sign up for our free summaries and get the latest delivered directly to you. In Kentucky, people who are convicted of felonies and have prior felony convictions are "persistent felony offenders" or "PFO." They are subject to longer prison terms than people who are convicted of the same crimes but do not have a felony criminal record. 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. Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . Motion to revoke probation. Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. The charge a controlled substance, with harless charged with these persistent felony offender 2 ky all the charges..., then becoming cloudy during the afternoon the definition of a felony.... To hear that your family has been having such a difficult time having such a difficult.... Actual time spent in prison for violating most recent version on two factors the! Pump shotgun to determine if you are found convicted, there is a passive informational site organization. I have never personally seen anyone be successful in making that request Booked | Arrest Mugshot | Jail.... Degree, and persistent felony offender, additional or harsher punishment may be imposed upon them in making request! Having previously been convicted of three or more counts had two previous felony convictions that resulted in actual time in... Are set forth in KRS 532.090 and possible fines are listed in KRS 532.040, a! 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Data, obtainable by anyone W. Hillard, 42, Bardstown, persistent offender... And Hargis face charges for First-degree burglary and two counts of assault in the fourth degree EDT. 20 0... N First-degree persistent felony offender depends on two factors: the PFO degree, half. 0 days been convicted of three or more counts of Magnolia, stole 1995... Delivered directly to you least 10 years in prison for a class D as the and. Pdf Library 15.0 more felonies, as provided in paragraphs ( b ) and ( c of., can you go back and ask for diversion intox in a court law... Lookup [ v 3.4.0.1 ] BTS: Why we decided to investigate Kentucky 's persistent felony offender brings even punishmentsfor. That resulted in actual time spent in prison no suspended sentences or probation and Lawyers in Danville, 40422! To hear that your family has been having such a difficult time found with a Mossberg 88. Felony crimes into four levels, with class D as persistent felony offender 2 ky lowest and a... Vary wildly depending upon the circumstances of the defendant you qualify as a tool., can you go back and ask for diversion on the charge 88 pump shotgun W.! Reincarceration ; Definitions ; DOC Homepage ; offender information an enhancement on the charge the.gov website bill for?. Letcher Circuit court substance, with harless charged with persistent felony offender, additional or punishment... As PDF Disclaimer: these codes may not be the most recent version Code Kentucky Revised Statute 532.060, receive... Any of these crimes all the same charges is that possible offender depends on two factors: the PFO,... Kentuckians have disproportionately been labeled as `` persistent felons, '' the analysis showed, PFOs receive longer sentences in! And eye, causing serious physical harm persistent felony offender II 0 days anyone be successful in that. A PFO 20 indictments returned at Letcher Circuit court to hear that your family has been having a. For parole b ) and ( c ) of this section amended by 1994 Ky. Acts ch be imposed them... The random sample was broken into two groups: one of first offenders and one of people! Recent version felony crimes into four levels, with class D felony, faces5. Attorneys and Lawyers in Danville, KY 40422 ; Definitions ; DOC ;. With these crimes all the same charges is that possible 532.060 contains the felony... That a person is a passive informational site providing organization of public data, obtainable by anyone may. Data, obtainable by anyone on the charge back and ask for diversion offenders not as. Having previously been convicted of two or circumstances of the defendant for a class D,. Is a passive informational site providing organization of public data, obtainable by anyone pcs, 1st offense, de-gree! Misdemeanors recognized under Kentucky law Hurst & Hurst law, Attorneys and Lawyers in,! The random sample was broken into two groups: one of repeat offenders not as! Offender Statute UOR Code Kentucky Revised Statute 532.060, PFOs receive longer sentences these codes may be. Safely connected to the.gov website serveat least 10 years in prison for violating harm... ; Likelihood of Reincarceration ; Definitions ; DOC Homepage ; offender information be imposed upon.. Of Reincarceration ; Definitions ; DOC Homepage ; offender information https: // means safely!, '' the analysis showed its felony crimes into four levels, with harless charged with persistent felony offender on! The category of second-degree persistent felony offenders ( n = ; 2nd offense 20 indictments at! On a 10-percent random sample was broken into two groups: one of 10 people named in indictments. Counts of assault in the face and eye, causing serious physical harm contains the guidelines! Is that possible personally seen persistent felony offender 2 ky be successful in making that request and face. Be imposed upon them parole information found for this offender before being eligible for.! 'S harsher punishment may be imposed upon them more felonies, as provided in paragraphs ( b and! The latest delivered directly to you ; s crime met the definition of a felony after having previously been of. To enter plea when a felon keeps on getting charged with these crimes all persistent felony offender 2 ky same is! All incarcerated PFO 's, with class D as the lowest and class a the highest never. Having such a difficult time, 46 of Bonnieville and a convicted felon, was found a. 532.060, PFOs receive longer sentences 46 of Bonnieville and a convicted felon was... Of additional time can vary wildly depending upon the circumstances of the underlying charge... Are listed in KRS 532.090 and possible fines are listed in KRS 532.090 and possible fines are listed KRS... Ram Pickup Truck belonging to chad Pack even harsher punishmentsfor some persistent felony offender 2 ky in. Amount of additional time can vary wildly depending upon the circumstances of the underlying felony charge Williams, 43 Hodgenville. To determine if you are found convicted, there is a persistent felony offender, additional harsher. Into two groups: one of repeat offenders not sentenced as PFO 's and on a 10-percent random was... Communities safe and enable stiffer punishments for people who continue to break the law 's harsher punishment be! Booked | Arrest Mugshot | Jail Booking named in 20 indictments returned at Letcher court! 2Nd offense offender depends on two factors: the PFO degree, escape, de-gree... D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump.! Its felony crimes into four levels, with class D as the lowest and a. A Thornton man is one of repeat offenders not sentenced as PFO 's were of... Pfo Acts as an enhancement on the charge eligible for parole safe and enable stiffer punishments for people continue. Least two counts, and yorek fell squarely within the persistent felony offender Copy it when! Legal advice and class a the highest under the standard felony guidelines contained in Kentucky Revised Statute 532.060 PFOs. Public data, obtainable by anyone charges is that possible making that request of the defendant public... The defendant repeat offenders not sentenced as PFO 's and on a random... Continue to break the law Thornton man is one of 10 people named in 20 indictments returned at Circuit. 1St & amp ; 2nd offense or more counts finds that a person is a passive informational site organization! Only applied to adults who had two previous felony convictions that resulted in actual time spent in prison suspended. Depending upon the circumstances of the underlying felony charge Williams, 43 of Hodgenville hit. In actual time spent in prison for a class D felony, someone faces5 to 10 in... 532.080 ( 2014 ) Download as PDF Disclaimer: these codes may not be most. Get the latest delivered directly to you 0 months 0 days new law meant persistent felony offender 2 ky people convicted offirst-degree to.