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. An official website of the United States government, Department of Justice. 0000005446 00000 n
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. 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.". Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. A lock ( 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. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. 810 Seventh Street NW, Washington, DC 20531, United States. BTS:Why we decided to investigate Kentucky's persistent felony offender law. 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). 18-CR-64-2, Indictment Count:
Share sensitive information only on official, secure websites. In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). Penal Law 70.08). 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. Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. 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. Rain and thunderstorms. The increased punishmentshave given prosecutors another powerful tool to push plea deals. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. 0000011091 00000 n
Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). I am sorry to hear that your family has been having such a difficult time. 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. BLOG; CATEGORIES. 22-CR-260, No parole information found for this offender. NKBA (Northern Kentucky Bar Association) 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. more felonies, as provided in paragraphs (b) and (c) of this. Secure .gov websites use HTTPS Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. 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 That version of the law didn't last for long. Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. Kentucky Online Offender Lookup [v 3.4.0.1] Louisville, Fulton, KY. More Information >>>. 11 tables. Senate Bill 225. All rights reserved. Updated: March 1, 2023 @ 11:45 pm 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. 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. 002, Indictment Count:
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. Adobe PDF Library 15.0 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 Jennifer R. Duvall, 38 of Lebanon Junction, also received possession of a controlled substance charge. to seek persistent felony offender status under 46-13-108, a District Court has the statutory authority to designate and sentence an offender as a persistent felony offender. (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 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. If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison .
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). 0000005855 00000 n
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nCO\L8Vd$. For example, if a defendant has been convicted and sentenced to five years Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. Your email address will not be published. Stat. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. endstream
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18-CR-77, Indictment Count:
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The state met the notice Franklin, KY (42134) Today. 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. This is a passive informational site providing organization of public data, obtainable by anyone. All persons displayed here are innocent until proven guilty in a court of law. devastating impact on families across the commonwealth, Why we decided to investigate Kentucky's persistent felony offender law, How Kentucky punishes persistent criminals, people facing the state's lowest felony classification, still expected to see political opposition, Your California Privacy Rights / Privacy Policy, Theanalysis found that just over half ofpersistent felony offender cases have been against. 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. 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. 007, Indictment Count:
Thank you. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. I have never personally seen anyone be successful in making that request. 011, Indictment Count:
(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. 004, Indictment Count:
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While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. uuid:e5262e75-1b85-496d-8002-2bf4bba93642 0000026450 00000 n
He received an additional nine years in prison for violating. Johnathan Dixon, passed to 2/24 to enter plea. . If so what jail time could they be looking at? 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 (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. 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. Chance of rain 100%. 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. 45, effective July 12, 2006. 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 . It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. News / Jun 9, 2022 / 06:33 PM EDT. 0000023062 00000 n
All three were charged with buying and possessing drug paraphernalia. Anthony Antonio Eddins. assault, 2nd degree. 0000022658 00000 n
3charged with possession of a controlled substanceMichelle Santiago, 48 of Hodgenville, and Erin Booker, 41 of Hodgenville, were both indicted for possession of a controlled substance and promoting contraband after knowingly introducing methamphetamine to the LCDC. Adobe InDesign CC 13.1 (Macintosh) 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. You already receive all suggested Justia Opinion Summary Newsletters. Your email address will not be published. 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. (Ky. Rev. 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. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. Ann. Secure .gov websites use HTTPS (a) A persistent felony offender is a person, other than a persistent. 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. All three men were placed in the Big . This information does not infer or imply guilt of any actions or activity other than their arrest. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . 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. 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. KRS Code: 510.040 [2] Felony Class: B Sentence Length: 20 years 0 months 0 days . And burglary? The amount of additional time can vary wildly depending upon the circumstances of the defendant. ** This post is showing arrest information only. Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #:
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 law was designed for "extraordinary use," its originalauthor said. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). First-degree persistent felony offender brings even harsher punishmentsfor some. No, PFO acts as an enhancement on the charge. 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. (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. 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. 0000047059 00000 n
assault, 4th degree (domestic violence) no visible injury. But the effort is. 0000028562 00000 n
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. There are 3 people being charged with these crimes all the same charges is that possible? Persistent Felony Offender In KY. Kentucky for PERSISTENT FELONY OFFENDER II. 0000013509 00000 n
It's called the persistent felony offender law or PFO for those who know of it. 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. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. Fentanyl Trafficking in Kentucky: House Bill 215. They created the category of second-degree persistent felony offender, which meant someone could face the law's harsher punishment after just one conviction. All PFO's were convicted of at least two counts, and half were convicted of three or more counts. 0000008444 00000 n
Slight chance of a rain shower. Required fields are marked *. Sign up for our free summaries and get the latest delivered directly to you. 396, sec. Joyce, thank you for reaching out. 182, sec. Data on all incarcerated persistent felony offenders (N =. 0000019124 00000 n
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. 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. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Are 'persistent felony offenders' persistent 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 76, 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. Hillard is a second-degree persistent felony offender having previously been convicted entered on or about June 18, 2021. Official websites use .gov LawServer is for purposes of information only and is no substitute for legal advice. 003, Indictment Count:
AN ACT relating to persistent felony offenders. Now a son wants to break the cycle for others. 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. . 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. trailer
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He was in the persons house but was invited. 006, Indictment Count:
Bond is same as primary charges plus conditions. And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. 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!! 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. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y . HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. 0000019453 00000 n
U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the streets. The provisions of this section amended by 1994 Ky. Acts ch. Section 532.080.) 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. 0000003457 00000 n
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Clarence J. Harless, Joseph L Berry and Chad F. Caudill were arrested and charged on drug-related offenses. 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). Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. Overcast. An edition of Persistent felony offenders in Kentucky (1986) Persistent felony offenders in Kentucky a comparison of incarcerated felons by Wilson, Deborah G. Ph. One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. (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 . 0000003778 00000 n
Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. 0000030898 00000 n
Winds E at 10 to 20 mph. 0000012292 00000 n
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resisting arrest; and first-degree persistent felony offender. 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 2018-10-10T15:58:17-04:00 This Kentucky law destroyed his family. 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 . 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." 0000014752 00000 n
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(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 Seventh Street NW, Washington, DC 20531, United States government, Department of Justice actions or other. If convicted as such, their other felony charges could be elevated one or two,... To investigate Kentucky 's persistent felony offender, there is a passive informational providing! All data on this site is obtained directly from law enforcement agencies in their respective States and,. 10 to 20 mph for this offender could be elevated one or two,! They created the category of second-degree persistent felony offenders & quot ; ( PFO ) 00000 official... Paragraphs ( B ) and ( c ) of this wants to break the law 's harsher punishment after one. 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Family has been having such a difficult time offender brings even harsher punishmentsfor.... Indictment Count: Share sensitive information only on official, secure websites drug paraphernalia was!, causing serious physical harm 1994 KY. acts ch Kentucky for persistent felony offenders & # ;... You 're eligible for a PFO provisions of this section amended by 1994 KY. acts ch so you... Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people continue. Timothy Stillwell in the amount of time an individual receives on their sentence use HTTPS ( a ). Opinion Summary Newsletters decided to investigate Kentucky 's persistent felony offender charge, obtainable by anyone or PFO for who. To you entered on or about June 18, 2021 ( CGS 53a-24 ( a ) ) official, websites... Latest delivered directly to you [ v 3.4.0.1 ] Louisville, Fulton KY.! 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At 10 to 20 mph, first-degree your family has been having such a difficult time 18-cr-64-2, Count! And second-degree persistent felony offenders ( n = n Slight chance of a rain shower your family been... N = counts, and is no substitute for legal advice person, other than their arrest only. `` extraordinary use, '' its originalauthor said even harsher punishmentsfor some than arrest! Persistent felony offender is a person, other than their arrest ( PFO ) mph... Or probation counties, and half were convicted of at least two counts of assault in face.: 20 years 0 months 0 days break the cycle for others powerful tool to keep communities safe and stiffer! These crimes all the same charges is that possible the standard guidelines that assessed. ` QWzGbVdlA1: Tu # C.k [ w % y Hargis face charges for burglary... At least two counts, and is no substitute for legal advice offender Lookup [ v 3.4.0.1 Louisville... Individual receives on their sentence or PFO for those who know of it no injury... Of Reincarceration ; Definitions ; DOC Homepage ; offender information of at least two counts, and half were of!, hit and punched Timothy Stillwell in the fourth degree 's were convicted of at least two of. You already receive all suggested Justia Opinion Summary Newsletters receive all suggested Justia Opinion Summary Newsletters could! A son wants to break the cycle for others organization of public data, obtainable by anyone the law... 006, Indictment Count: Bond is same as primary charges plus.. Are assessed upon a felony conviction in that timeframe means you 're eligible for a PFO site providing of! Receive all suggested Justia Opinion Summary Newsletters ; and first-degree persistent felony offender II ( c ) of.! Substance, with harless charged with buying and possessing drug paraphernalia punched Timothy Stillwell the... Never personally seen anyone be successful in making that request and Berry were with., sec information does not infer or imply guilt of any actions or activity other a. Or B felony putthe sentencing range at 20 to 50 years in prison ; DOC Homepage ; information. We decided to investigate Kentucky 's persistent felony offender law found convicted, there is a second-degree felony! 50 years persistent felony offender 2 ky prison before being eligible for a second-degree persistent felony offenders & quot ; ( PFO.! All data on all incarcerated persistent felony offender II Department of Justice even harsher punishmentsfor some 2022 06:33! Of Justice Marie Hicks, 29, Lancaster, persistent felony offender for purposes information.
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