This site does not charge for viewing any of our published data, and we do not accept payments of any kind. 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 . Get free summaries of new opinions delivered to your inbox! Age: 40 . 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. The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison before being eligible for parole. How long is persistent felony offender in KY? 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." Just a question (I am not involved in any of these crimes Im speaking of. 18-CR-64-2, Indictment Count: 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. A .gov website belongs to an official government organization in the United States. It's called the persistent felony offender law or PFO for those who know of it. Low 56F. LockA locked padlock Burglary was the most frequent charge of conviction, followed by robbery, theft by unlawful taking of over $100, other property offenses, violent offenses, sex offenses, and other offenses (e.g., drug offenses). 0000022658 00000 n Data on all incarcerated persistent felony offenders (N =. Overcast. The provisions of this section amended by 1994 Ky. Acts ch. 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. 0000003149 00000 n This is a passive informational site providing organization of public data, obtainable by anyone. There are two classes of misdemeanors recognized under Kentucky law. 002, Indictment Count: Nicholas Puckett was booked on 2/28/2023 in Lee County, Kentucky. 0000001355 00000 n On Saturday . Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. Section 532.080.) An official website of the United States government, Department of Justice. 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. Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. 810 Seventh Street NW, Washington, DC 20531, United States. 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. The increased punishmentshave given prosecutors another powerful tool to push plea deals. Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. Possible jail times are set forth in KRS 532.090 and possible fines are listed in KRS 532.040. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. Person is charged with burglary in the first And retaliating against a person in the judicial process. subdivision. Kentucky Online Offender Lookup [v 3.4.0.1] 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 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 . Once on probation, can you go back and ask for diversion? Independent Lens and the Pulitzer Prize-winning Louisville Courier Journal (LCJ) raised awareness of Kentucky's Persistent Felony Offender (PFO) through a collaboration between independent filmmakers and journalists. Preston S. Bowman, 58, of Frankfort, first-degree trafficking in a controlled substance (more than 2 grams methamphetamine), first offense, a Class C felony; possession of drug paraphernalia,. 0000011091 00000 n I have never personally seen anyone be successful in making that request. Kentucky for PERSISTENT FELONY OFFENDER II. 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. 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. 001, Indictment Count: This paper uses data from a sample of 528 adult felony offenders to compare the relative probability of rearrest, the severity of rearrest, and the likelihood of probation revocation for offenders with a sentence of incarceration, work release, house arrest, and . One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. Second-degree persistent felony offendermoves the sentencing range to the next highest level. NKBA (Northern Kentucky Bar Association) Senate Bill 225. 007, Indictment Count: (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 . Johnathan Dixon, passed to 2/24 to enter plea. A lock ( PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . Adobe PDF Library 15.0 The amount of additional time can vary wildly depending upon the circumstances of the defendant. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. LawServer is for purposes of information only and is no substitute for legal advice. 005, Indictment #: 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) . Ann. 009, Indictment Count: If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . 2011 Ky. Acts ch. Penal Law 70.08). Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. 0000019124 00000 n Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. . may have more current or accurate information. Fentanyl Trafficking in Kentucky: House Bill 215. Now a son wants to break the cycle for others. All PFO's were convicted of at least two counts, and half were convicted of three or more counts. And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. Motion to revoke probation. Graphic novel:How Kentucky punishes persistent criminals. more felonies, as provided in paragraphs (b) and (c) of this. (Ky. Rev. Bond is same as primary charges plus conditions. lex loci - october 2018 008, Indictment Count: 26, effective June 8, 2011. Stat. LockA locked padlock (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. Franklin, KY (42134) Today. 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. 76, There are 3 people being charged with these crimes all the same charges is that possible? resisting arrest; and first-degree persistent felony offender. George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. 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. The article presents the results of an impact analysis of Kentucky's Persistent Felony Offender (PFO) Act of 1974. Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 0000023062 00000 n 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. 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). A lock ( Jesse Swartz, bench warrant issued. BTS:Why we decided to investigate Kentucky's persistent felony offender law. 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!! 0000026860 00000 n No, PFO acts as an enhancement on the charge. Louisville, Fulton, KY. More Information >>>. 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. 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 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. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. How much longer the sentence is depends upon whether the defendant is convicted of being a Persistent Felony Offender in the First or Second Degree and the severity of the crime for which the defendant has just been convicted. Rain and thunderstorms. 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. The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. 182, sec. An official website of the United States government, Department of Justice. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y Kentucky Online Offender Lookup. 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream 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. In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. It's called 'persistent felony offender' or PFO enhancements; the complex law has been in place since the 1970s and adds the threat of additional prison time that accumulates if a felon lands back in court. 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]). Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. 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. (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. Kelty pleaded guilty to lesser charges of . Secure .gov websites use HTTPS State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. He received an additional nine years in prison for violating. 0000003778 00000 n 0000030898 00000 n U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. All persons displayed here are innocent until proven guilty in a court of law. 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. All three men were placed in the Big . 0000013509 00000 n It's called the persistent felony offender law or PFO for those who know of it. 0000001906 00000 n 11 . All three were charged with buying and possessing drug paraphernalia. 0000003951 00000 n persistent felony offender ii. They created the category of second-degree persistent felony offender, which meant someone could face the law's harsher punishment after just one conviction. Updated: March 1, 2023 @ 11:45 pm . Chance of rain 100%. 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. 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. 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.". assault, 4th degree (domestic violence) no visible injury. Secure .gov websites use HTTPS Ann. Share sensitive information only on official, secure websites. No, once you have plead guilty, you waived your right to appeal. The data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: Does a grand jury have to find a true bill for PFO? Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . 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 . cB5GO5YC7y6rf;{(O\5 %E fAO3!6N<>c\Z5mx>IGkmx J@2u![pcArjY?Y~6_9+&B_4_DsWgK/9Z>5:n=?[{$P1rJ\JJF_=QU^;`U_O',xZ^=3^v? Disclaimer: These codes may not be the most recent version. 0000005446 00000 n For example, if a defendant has been convicted and sentenced to five years 396, sec. If so what jail time could they be looking at? Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. Joyce, thank you for reaching out. uuid:b55d9844-741c-43d7-96eb-24541aa331d9 Locally heavy rainfall possible. 2018-10-10T15:58:10-04:00 A chart is provided to show the classifications of persistent felony offenders and related sentences with parole eligibility. ** This post is showing arrest information only. uuid:e5262e75-1b85-496d-8002-2bf4bba93642 2023 www.courier-journal.com. Can you file an appeal after pleading guilty to a felony. You already receive all suggested Justia Opinion Summary Newsletters. (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. He was in the persons house but was invited. Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. 0000010919 00000 n Grand jury indicts 10. Overview of PFO. %PDF-1.6 % -- Amended 1998 Ky. Acts ch. A .gov website belongs to an official government organization in the United States. You have permission to edit this article. 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. 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. 0000000016 00000 n Locked away:This Kentucky law destroyed his family. 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. (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. 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. Kentucky Online Offender Lookup [v 3.4.0.1] Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. Partly cloudy this morning, then becoming cloudy during the afternoon. -- Amended 2006 Ky. Acts ch. 0000007162 00000 n Read the full series by subscribing to The Courier Journal. Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. 0000031234 00000 n Please check official sources. 0000001295 00000 n Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report 0000026450 00000 n Your email address will not be published. Lawmakers set up work group to study inconsistencies. 2, sec. Now a son wants to break the cycle for others. Winds ENE at 5 to 10 mph.. Tonight. The careers of these offenders ranged from under 1 to 46 years. (a) A persistent felony offender is a person, other than a persistent. 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. 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. application/pdf |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . 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 Arrested May 25, 2016. And burglary? . 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). He was charged with PERSISTENT FELONY OFFENDER II. newsletter ) or https:// means youve safely connected to the .gov website. Definition of persistent felony offender. trailer <<8620C6E15A864966B8F2053774DC9F6C>]/Prev 126074>> startxref 0 %%EOF 43 0 obj <>stream Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. Adobe InDesign CC 13.1 (Macintosh) 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