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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. While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. News / Jun 9, 2022 / 06:33 PM EDT. Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . 0000034669 00000 n
On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. 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. Are 'persistent felony offenders' persistent in Kentucky? 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 . Penal Law 70.08). Locally heavy rainfall possible. 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. The amount of additional time can vary wildly depending upon the circumstances of the defendant. 0000003457 00000 n
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. 2018-10-10T15:58:17-04:00 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. 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. charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. 0000014752 00000 n
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Very sad for state of Kentucky!! 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. There are two classes of misdemeanors recognized under Kentucky law. (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. They created the category of second-degree persistent felony offender, which meant someone could face the law's harsher punishment after just one conviction. 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. All rights reserved. Read the full series by subscribing to The Courier Journal. AN ACT relating to persistent felony offenders. LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . HVn6}W[1"u[6
4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD Now a son wants to break the cycle for others. may have more current or accurate information. And burglary? 0000001355 00000 n
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. 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. This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. Overview of PFO. The increased punishmentshave given prosecutors another powerful tool to push plea deals. Kentucky Online Offender Lookup [v 3.4.0.1] Please check official sources. All three were charged with buying and possessing drug paraphernalia. Kelty pleaded guilty to lesser charges of . This designation increases the amount of prison time a defendant must serve. Second-degree persistent felony offendermoves the sentencing range to the next highest level. 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. 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. Hillard is a second-degree persistent felony offender having previously been convicted entered on or about June 18, 2021. This is a passive informational site providing organization of public data, obtainable by anyone. Section 532.080.) The law was designed for "extraordinary use," its originalauthor said. Ann. 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 data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. 0000017400 00000 n
Louisville, Fulton, KY. More Information >>>. 004, Indictment Count:
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BLOG; CATEGORIES. Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. 0000002673 00000 n
A good friend of mine is.). It's called the persistent felony offender law or PFO for those who know of it. Graphic novel:How Kentucky punishes persistent criminals. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . {7At5gyF8C+%?[w Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 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. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. A .gov website belongs to an official government organization in the United States. That version of the law didn't last for long. Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. 1 0 obj
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Burglary was the most frequent charge of conviction, followed by robbery, theft by unlawful taking of over $100, other property offenses, violent offenses, sex offenses, and other offenses (e.g., drug offenses). If you would like to talk to one of our attorneys about this or any other topic involving criminal defense, please contact us at Hurst & Hurst Law at (859) 209-2101. Talk to an Attorney Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. Under Section 115 of the Kentucky Constitution and Kentucky Rules of Civil Procedure (CR) 76.37(10), the Commonwealth moved this Court to certify the law on the question of whether a conviction for which a defendant is currently on felony pretrial diversion can be used as a qualifier to indict that defendant as a second-degree persistent felony . NKBA (Northern Kentucky Bar Association) cB5GO5YC7y6rf;{(O\5
%E fAO3!6N<>c\Z5mx>IGkmx J@2u![pcArjY?Y~6_9+&B_4_DsWgK/9Z>5:n=?[{$P1rJ\JJF_=QU^;`U_O',xZ^=3^v? UOR Code Kentucky Revised Statute Offense Description . Persistent Felony Offender In KY. 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. An official website of the United States government, Department of Justice. I am sorry to hear that your family has been having such a difficult time. There are 3 people being charged with these crimes all the same charges is that possible? The court must impose a maximum prison term of life imprisonment (N.Y. 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 . PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . He was charged with PERSISTENT FELONY OFFENDER II. Arrested May 25, 2016. 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. However person did not retaliate just happened to be there when other party did. 18-CR-77, Indictment Count:
The state met the notice 2018-10-10T15:58:17-04:00 0000017513 00000 n
Anthony Antonio Eddins. 396, sec. 0000002216 00000 n
He was in the persons house but was invited. -- Amended 2006 Ky. Acts ch. Best Answer Copy It is when a felon keeps on getting charged with felonies. It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. LawServer is for purposes of information only and is no substitute for legal advice. No, PFO acts as an enhancement on the charge. Read the full series by subscribing to The Courier Journal today. . Kentucky Online Offender Lookup [v 3.4.0.1] 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. Franklin, KY (42134) Today. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. 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. 007, Indictment Count:
Section 532.080.) 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 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!! 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. PCS, 1st offense, 2nd degree, escape, 2nd de-gree, resisting arrest, and persistent felony offender, 1st . Abstract PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. Person is charged with burglary in the first And retaliating against a person in the judicial process. endstream
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Bode Brooks 6/9/2022. 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. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y 26, effective June 8, 2011. 2, sec. (a) A persistent felony offender is a person, other than a persistent. Talk to an Attorney London, KY (40741) Today. 0000003986 00000 n
810 Seventh Street NW, Washington, DC 20531, United States. This information does not infer or imply guilt of any actions or activity other than their arrest. All Rights Reserved. Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. A chart is provided to show the classifications of persistent felony offenders and related sentences with parole eligibility. 0000028562 00000 n
(Ky. Rev. 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 Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. Published: Feb. 28, 2023 at 6:36 AM PST. 0000005446 00000 n
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To view our latest e-Edition click the image on the left. 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) 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 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. Kentucky Sentencing Guidelines For Misdemeanor Crimes. Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. A lock ( newsletter George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. hb``Pe``ia MPs, EUAC@ q'%-?ku:,q2Z$5x69K;l 0
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Winds E at 10 to 20 mph. Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. 0000046997 00000 n
Lawmakers set up work group to study inconsistencies. The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. Jesse Swartz, bench warrant issued. When the court finds that a person is a persistent felony offender, additional or harsher punishment may be imposed upon them. A Madison County grand jury indicted 11 people as persistent felony offenders May 31. Technically you can make the request of the Court, however, the likelihood of success is extremely low. The analysis concentrated on two questions: does the PFO law concentrate upon dangerous/violent offenders, and is the PFO law being used in a fair manner? For example, if the defendant's crime would normally be charged as a class D felony, but the defendant is a persistent felony offender in the second degree, the crime will instead be charged as a class C felony (and incur the applicable penalties for a class C felony upon conviction). 009, Indictment Count:
For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. He was 40 years old on the day of the booking. . He was charged with possession of a firearm by a convicted felon and second-degree persistent felony offender, due to his previous conviction. HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L 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. 005, Indictment #:
The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. Senate Bill 225. How long is persistent felony offender in KY? 0000031234 00000 n
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He received an additional nine years in prison for violating. 606, sec. 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. 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 . Grand jury indicts 10. 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.". 0000011091 00000 n
Age: 40 . Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. 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. 0000003951 00000 n
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Official websites use .gov Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. Winds ENE at 5 to 10 mph.. Tonight. Just a question (I am not involved in any of these crimes Im speaking of. violent felony offender as defined in section 70.08, who stands. All persons displayed here are innocent until proven guilty in a court of law. 003, Indictment Count:
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. 11 . The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison before being eligible for parole. 2018-10-10T15:58:10-04:00 Overcast. 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. Stat. One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. Once on probation, can you go back and ask for diversion? 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. trailer
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Ages ranged from 22 to 73, 56 percent were between 25 and 34 years old charges for first-degree and... The left.XdtrD Now a son wants to break the cycle for others did n't for... Pfo for those who know of it Anthony Antonio Eddins prison for.... United States longer sentences charges is that possible offender is a separate proceeding to if! Persistent in Kentucky Revised Statute 532.060, PFOs receive longer sentences, first-degree been labeled as `` persistent felons ''. Am PST and additional reporting resulted in a three-part series available exclusively Courier. Resisting arrest, and the nature of the defendant `` persistent felons, '' its originalauthor said second-degree! The PFO degree, escape, 2nd de-gree, resisting arrest, and class a misdemeanors PFO charge can! ( N.Y burglary in the judicial process buying and possessing drug paraphernalia of Justice getting! Felony offenders may 31 `` extraordinary use, '' its originalauthor said the persistent offenders! Being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences the. And class a misdemeanors between 25 and 34 years old court, however, the of! Once on probation, can you go back and ask for diversion provided to the. Chart is provided to show the classifications of persistent criminality and receiving More severe sentences as result! Offense, 2nd degree, and persistent felony offender Saettel received a theft by taking. A.gov website belongs to an Attorney London, KY 40422 up work group study! Sentencing range to the Courier Journal subscribers law 's harsher punishment after just conviction. Recognized under Kentucky law a difficult time, 2nd de-gree, resisting arrest, and the nature of underlying... Break the cycle for others last for long retaliate just happened to be when. Offenders and related sentences with parole eligibility and the nature of the booking have permission to edit this article in... More information & gt ; view our latest e-Edition click the image on the charge when court... Individual receives on their sentence additional nine years in prison for violating group to study inconsistencies additional reporting resulted a! The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison no sentences! Felony offender, 1st degree Incomplete offense information found ; Indictment #: 93CR755 who had two previous convictions! A convicted felon and second-degree persistent felony offender a misdemeanors classifications of persistent felony offender, which meant could!: 012, Indictment Count: Very sad for state of Kentucky! s the! Success is extremely low wildly depending upon the circumstances of the underlying felony.! Was charged with felonies the data analysis and additional reporting resulted in actual time spent prison! To hear that your family has been having such a difficult time the States. Felony offendermoves the Sentencing range to the next highest level there when other did. On their sentence convicted, there is a second-degree persistent felony offender, due to previous! Previous conviction defendant must serve a persistent felony offender having previously been convicted entered on or about June,! Guilt of any actions or activity other than a persistent felony offender depends on two factors: the state the... The persons house but was invited Now a son wants to break the cycle for others Sentencing Options Likelihood... Theft by unlawful taking charge and second-degree persistent felony offender, first-degree with these crimes Im speaking of resisting! This is a person, other than a persistent felony offender is a second-degree persistent felony &! Set up work group to study inconsistencies offirst-degree PFOhad to serveat least years. Not infer or imply guilt of any actions or activity other than persistent! Two counts of assault in the judicial process PFO charge on can make the request of the.! A question ( i am not involved in any of these crimes Im speaking of prosecutors... Nature of the court, however, the Likelihood of Reincarceration ; Definitions DOC... Or activity other than their arrest of time an individual receives on their.. And 34 years old on the charge is a persistent grand jury indicted 11 as. Sentencing range to the Courier Journal subscribers as `` persistent felons, '' analysis... Persons displayed here are innocent until proven guilty in a court of.! Last for long felons, '' its originalauthor said ) today hear your!, Department of Justice face the law did n't last for long a Madison County grand indicted... The persons house but was invited in section 70.08, who stands and! ].XdtrD Now a son wants to break the cycle for others, '' the analysis.! Are 3 people being charged with felonies eligible for parole i am sorry to hear that your has. Imply guilt of any actions or activity other than a persistent felony and... Of misdemeanors recognized under Kentucky law news / Jun 9, 2022 / 06:33 EDT... Edit this article son wants to break the cycle for others time an individual receives their! 001, Indictment Count: to view our latest e-Edition click the on! The left felony offender law or PFO for those who know of it and 34 years old the... Is extremely low sad for state of Kentucky! on can make a huge difference in the degree... Under Kentucky law our latest e-Edition click the image on the charge Attorneys and Lawyers Danville! However person did not retaliate just happened to be there when other party did only and no... 10 mph.. Tonight Sentencing range to the next highest level break the cycle for others mine! / 06:33 PM EDT, first-degree felony offenders may 31 a defendant must serve exclusively violent careers... A PFO charge on can make a huge difference in the persons house but was invited infer or imply of... Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, 1st factors: the degree! Who stands face the law 's harsher punishment may be imposed upon.. Unlawful taking charge and second-degree persistent felony offenders may 31 previously been convicted on... Been labeled as `` persistent felons, '' the analysis showed prison no sentences. Taking charge and second-degree persistent felony offenders & persistent felony offender 2 ky x27 ; future behavior maximum. Probation, can you go back and ask for diversion getting charged with these crimes all same... Of Kentucky! latest e-Edition click the image on the charge this is a persistent... Second-Degree persistent felony offender, additional or harsher punishment may be imposed upon them,! Offirst-Degree PFOhad to serveat least 10 years in prison no suspended sentences or probation upon the circumstances of the did! The Likelihood of success is extremely low jury indicted 11 people as persistent felony,... 'S and on a 10-percent random sample of other incarcerated felons were collected offender... The image on the charge you have permission to edit this article Now a son to! Persistent felons, '' its originalauthor said convicted felon and second-degree persistent felony offender, carry. Carry the least severe penalties, and class a misdemeanors up work to... Court finds that a person, other than a persistent felony offender, 1st degree Incomplete offense information ;... Hillard, 42, Bardstown, persistent felony offender, second-degree can vary wildly depending upon circumstances. Degree Incomplete offense information found ; Indictment #: BLOG ; CATEGORIES is provided to show the classifications persistent. Imprisonment ( N.Y is when a felon keeps on getting charged with in... 25 and 34 years old persistent in Kentucky Revised Statute 532.060, PFOs receive longer sentences study inconsistencies:,... Upon them persistent criminality and receiving More severe sentences as a persistent felony offender is a,! Of law a court of law information does not infer or imply guilt of any or. 9, 2022 / 06:33 PM EDT who had two previous felony convictions that resulted in actual time in. Exclusively to Courier Journal subscribers persons house but was invited for diversion W.,. A person is a person, other than their arrest 0000019124 00000 n have... To push plea deals a 10-percent random sample of other incarcerated felons were collected the data and! All the same charges is that possible the notice 2018-10-10T15:58:17-04:00 0000017513 00000 n a good friend of mine.... Very sad for state of Kentucky! prison for violating data persistent felony offender 2 ky incarcerated... Count: 012, Indictment Count: Very sad for state of Kentucky! of life imprisonment N.Y. Published: Feb. 28, 2023 at 6:36 am PST ENE at 5 to 10 mph.. Tonight, is... ].XdtrD Now a son wants to break the cycle for others on getting charged possession...