Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. Overcast. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). lex loci - october 2018 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. An edition of Persistent felony offenders in Kentucky (1986) Persistent felony offenders in Kentucky a comparison of incarcerated felons by Wilson, Deborah G. Ph. Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. 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 In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. For example, if a defendant has been convicted and sentenced to five years 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. convicted of a felony after having previously been convicted of two or. 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. (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. 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. Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. 0000003457 00000 n News / Jun 9, 2022 / 06:33 PM EDT. 0000001906 00000 n Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. 0000034299 00000 n Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. A lock ( 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). The amount of time is difficult to explain because it can be calculated multiple ways. 0000047059 00000 n Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. ) or https:// means youve safely connected to the .gov website. 4 0 obj <> endobj xref No, PFO acts as an enhancement on the charge. 0000004126 00000 n (a) A persistent felony offender is a person, other than a persistent. 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 . Section 532.080.) 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. London, KY (40741) Today. Sign up for our free summaries and get the latest delivered directly to you. Motion to revoke probation. He was charged with PERSISTENT FELONY OFFENDER II. AN ACT relating to persistent felony offenders. 0000005446 00000 n 0000019453 00000 n 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. 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 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream Winds E at 10 to 20 mph. ) or https:// means youve safely connected to the .gov website. 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. (Ky. Rev. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. This Kentucky law destroyed his family. Read the full series by subscribing to The Courier Journal today. 0000005855 00000 n It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. Person is charged with burglary in the first And retaliating against a person in the judicial process. Secure .gov websites use HTTPS Share sensitive information only on official, secure websites. Disclaimer: These codes may not be the most recent version. Adobe PDF Library 15.0 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. The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison before being eligible for parole. No, once you have plead guilty, you waived your right to appeal. HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L 0000012292 00000 n 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 amount of additional time can vary wildly depending upon the circumstances of the defendant. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. 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. Thank you. 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. 11 . 2011 Ky. Acts ch. %PDF-1.6 % Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: 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. Stat. Ann. 0000028905 00000 n 2023 www.courier-journal.com. And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. The increased punishmentshave given prosecutors another powerful tool to push plea deals. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. A .gov website belongs to an official government organization in the United States. Booking Number: NP40MW228202343700. Now a son wants to break the cycle for others. 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 Kentucky Online Offender Lookup [v 3.4.0.1] If so what jail time could they be looking at? (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. 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. 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 %PDF-1.6 % 0000002216 00000 n It's called the persistent felony offender law or PFO for those who know of it. alcohol intox in a public place (1st & 2nd offense. Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. US States (36975K) All Rights Reserved. Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. An official website of the United States government, Department of Justice. Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). The law was designed for "extraordinary use," its originalauthor said. 007, Indictment Count: 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. PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. Joyce, thank you for reaching out. 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 In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). Required fields are marked *. Data on all incarcerated persistent felony offenders (N =. assault, 4th degree (domestic violence) no visible injury. . 0000026860 00000 n On Saturday . |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- 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 0000007162 00000 n How long is persistent felony offender in KY? 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. Low 56F. The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. Johnathan Dixon, passed to 2/24 to enter plea. 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. 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. Booker received additional charges for possession of drug paraphernalia. {7At5gyF8C+%?[w 0000001295 00000 n LockA locked padlock 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. 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. Kentucky may have more current or accurate information. Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. 18-CR-77, Indictment Count: (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 If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . newsletter Once on probation, can you go back and ask for diversion? 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." Bond is same as primary charges plus conditions. Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. 4 40 uuid:b55d9844-741c-43d7-96eb-24541aa331d9 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. 0000003149 00000 n Kentucky Online Offender Lookup [v 3.4.0.1] BLOG; CATEGORIES. (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 . He was charged with possession of a firearm by a convicted felon and second-degree persistent felony offender, due to his previous conviction. 0000001096 00000 n 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 . I have never personally seen anyone be successful in making that request. 0000046997 00000 n 0000010919 00000 n 2, sec. 396, sec. 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. 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. 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. 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? 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. 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,. Technically you can make the request of the Court, however, the likelihood of success is extremely low. For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. All Rights Reserved by Recently Booked. This designation increases the amount of prison time a defendant must serve. Jesse Swartz, bench warrant issued. All persons displayed here are innocent until proven guilty in a court of law. While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. 26, effective June 8, 2011. Adobe InDesign CC 13.1 (Macintosh) 0000014752 00000 n 22-CR-260, No parole information found for this offender. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. Share sensitive information only on official, secure websites. 0000023062 00000 n Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 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. HVn6}W[1"u[6 4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD LockA locked padlock Just a question (I am not involved in any of these crimes Im speaking of. Official websites use .gov 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. (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. You're all set! 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. 0000034669 00000 n 0000019536 00000 n 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). resisting arrest; and first-degree persistent felony offender. Kentucky for PERSISTENT FELONY OFFENDER II. 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. 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. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. 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? The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. . charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. 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 . This information does not infer or imply guilt of any actions or activity other than their arrest. PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . 0000009680 00000 n 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. And burglary? Graphic novel:How Kentucky punishes persistent criminals. Partly cloudy this morning, then becoming cloudy during the afternoon. 810 Seventh Street NW, Washington, DC 20531, United States. 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. 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.". LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . 0000026450 00000 n LawServer is for purposes of information only and is no substitute for legal advice. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. Definition of persistent felony offender.