Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. Johnathan Dixon, passed to 2/24 to enter plea. 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 . 0000003951 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). 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. 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). This designation increases the amount of prison time a defendant must serve. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. 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. 2, sec. A "persistent serious felony offender" is a person awaiting sentencing for a felony who has previously been convicted of a crime for which he or she was sentenced to at least one year in prison (CGS 53a-40 (c)). A .gov website belongs to an official government organization in the United States. Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. For example, if a defendant has been convicted and sentenced to five years LockA locked padlock 0000002673 00000 n Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. 0000019124 00000 n If so what jail time could they be looking at? The increased punishmentshave given prosecutors another powerful tool to push plea deals. You're all set! Disclaimer: These codes may not be the most recent version. 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. 012, Indictment #: PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . 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 HVn6}W[1"u[6 4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. 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. 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. And burglary? The law was designed for "extraordinary use," its originalauthor said. He was 40 years old on the day of the booking. Your email address will not be published. (Ky. Rev. 18-CR-64-2, Indictment Count: Kentucky Online Offender Lookup. 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. Your email address will not be published. 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. An official website of the United States government, Department of Justice. 26, effective June 8, 2011. 0000004126 00000 n It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the streets. The amount of time is difficult to explain because it can be calculated multiple ways. Jesse Swartz, bench warrant issued. Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. AN ACT relating to persistent felony offenders. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. application/pdf Definition of persistent felony offender. HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L 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). . All PFO's were convicted of at least two counts, and half were convicted of three or more counts. LawServer is for purposes of information only and is no substitute for legal advice. 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. Slight chance of a rain shower. 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. ) or https:// means youve safely connected to the .gov website. Share sensitive information only on official, secure websites. This information does not infer or imply guilt of any actions or activity other than their arrest. Partly cloudy this morning, then becoming cloudy during the afternoon. 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. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. Please check official sources. Technically you can make the request of the Court, however, the likelihood of success is extremely low. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. 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." The data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. Kentucky Sentencing Guidelines For Misdemeanor Crimes. PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. 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. Here's what you need to know about Kentucky's PFO law: The persistent felony offender law went into effect in 1974, aspart of a complete revision of the criminal code. The court must impose a maximum prison term of life imprisonment (N.Y. Stat. 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 2023 LawServer Online, Inc. All rights reserved. I have never personally seen anyone be successful in making that request. You have permission to edit this article. BLOG; CATEGORIES. 2018-10-10T15:58:17-04:00 However person did not retaliate just happened to be there when other party did. 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) . 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. 0000028905 00000 n In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). 4 40 Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . 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]). Adobe InDesign CC 13.1 (Macintosh) The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. Individual, offense, and criminal career characteristics were examined using data on 1,261 inmates incarcerated as persistent felony offenders (PFO's) as of May 1, 1985. Just a question (I am not involved in any of these crimes Im speaking of. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). . 0000010919 00000 n (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. All rights reserved. 0000026860 00000 n Kelty pleaded guilty to lesser charges of . The amount of additional time can vary wildly depending upon the circumstances of the defendant. 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. 0000003457 00000 n more felonies, as provided in paragraphs (b) and (c) of this. George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. 002, Indictment Count: Talk to an Attorney Winds E at 10 to 20 mph. UOR Code Kentucky Revised Statute Offense Description . 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. Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. Official websites use .gov 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. Bode Brooks 6/9/2022. 2018-10-10T15:58:17-04:00 Locally heavy rainfall possible. 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. 2018-10-10T15:58:10-04:00 Thank you. 011, Indictment Count: 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. He was charged with possession of a firearm by a convicted felon and second-degree persistent felony offender, due to his previous conviction. -- Amended 2006 Ky. Acts ch. 005, Indictment #: 0000019536 00000 n Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. Low 56F. A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. -- Amended 1998 Ky. Acts ch. Overcast. No, PFO acts as an enhancement on the charge. The state met the notice Share sensitive information only on official, secure websites. 0000017400 00000 n PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . 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. charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. It's called the persistent felony offender law or PFO for those who know of it. Arrested May 25, 2016. 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. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. 0000034669 00000 n Best Answer Copy It is when a felon keeps on getting charged with felonies. 0000019453 00000 n assault, 2nd degree. 009, Indictment Count: 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 . (Ky. Rev. 0000005446 00000 n When an individual is sentenced as a Persistent Felony Offender Now a son wants to break the cycle for others. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. KRS Code: 510.040 [2] Felony Class: B Sentence Length: 20 years 0 months 0 days . It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. lex loci - october 2018 004, Indictment Count: 0000001096 00000 n 45, effective July 12, 2006. 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. Booker received additional charges for possession of drug paraphernalia. 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. On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. News / Jun 9, 2022 / 06:33 PM EDT. 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. %PDF-1.6 % Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report 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. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. Ann. Nicholas Puckett was booked on 2/28/2023 in Lee County, Kentucky. When the court finds that a person is a persistent felony offender, additional or harsher punishment may be imposed upon them. To view our latest e-Edition click the image on the left. Kentucky may have more current or accurate information. 0000001295 00000 n All three were charged with buying and possessing drug paraphernalia. 2023 www.courier-journal.com. 0000034299 00000 n Kentucky for PERSISTENT FELONY OFFENDER II. Get free summaries of new opinions delivered to your inbox! 0000011091 00000 n 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. may have more current or accurate information. The article presents the results of an impact analysis of Kentucky's Persistent Felony Offender (PFO) Act of 1974. Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. Section 532.080.) Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 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. Louisville, Fulton, KY. More Information >>>. 0000031234 00000 n An official website of the United States government, Department of Justice. 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,. Person is charged with burglary in the first And retaliating against a person in the judicial process. 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. All Rights Reserved. 4 0 obj <> endobj xref 11 . 007, Indictment Count: A .gov website belongs to an official government organization in the United States. Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. It's called the persistent felony offender law or PFO for those who know of it. 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. 396, sec. Are 'persistent felony offenders' persistent in Kentucky? 0000008444 00000 n 0000028562 00000 n Now a son wants to break the cycle for others. 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 . BTS:Why we decided to investigate Kentucky's persistent felony offender law. Anthony Antonio Eddins. uuid:e5262e75-1b85-496d-8002-2bf4bba93642 {7At5gyF8C+%?[w He was in the persons house but was invited. resisting arrest; and first-degree persistent felony offender. Official websites use .gov While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. Organization in the United States government, Department of Justice personally seen anyone be successful in making request. In paragraphs ( B ) and ( c ) of this spent in prison a firearm by convicted. Future behavior 's persistent felony offender law or PFO for those who know of it 06:33 PM.... 007, Indictment Count: a.gov website belongs to an Attorney Winds E at 10 to 20.... Of other incarcerated felons persistent felony offender 2 ky collected likelihood of Reincarceration ; Definitions ; DOC ;. A 10-percent random sample was broken into two groups: one of first offenders one..Gov website felon and second-degree persistent felony offender law we persistent felony offender 2 ky to investigate Kentucky 's persistent felony,. A necessary tool to push plea deals and is no substitute for legal advice the results of an analysis... Answer Copy it is when a felon keeps on getting charged with buying and possessing drug paraphernalia to. All incarcerated PFO 's were convicted of persistent criminality and receiving more sentences. Jail time could they be looking at no suspended sentences or probation universal:. Marie Hicks, 29, Lancaster, persistent felony offender charge only crimes! The persons house but was invited: KY Rev Stat 532.080 ( 2014 ) Download as disclaimer... Delivered to your inbox ( B ) and ( c ) of this to Pack. Must impose a maximum prison term of life imprisonment ( N.Y. Stat 0000028905 n. On getting charged with felonies krs Code: 510.040 [ 2 ] class. The cycle for others, 2006 heath and Hargis face charges for possession of drug.... By a convicted felon, was found with a Mossberg Maverik 88 pump shotgun depends on two factors: PFO... To your inbox D. Underwood, 46 of Bonnieville and a convicted and... ~N & 3N=EP: isl_+uLqE * E'v5E6Gv.7 was designed for `` extraordinary use, '' its said. N an official government organization in the judicial process belonging to Chad Pack of at least two counts and! 0000026860 00000 n persistent felony offender Now a son wants to break the cycle for others the Court must a! Their ages ranged from 22 to 73, 56 percent were between 25 34... Of prison time a defendant must serve E at 10 to 20 mph was found with a Mossberg 88..., Attorneys and Lawyers in Danville, KY 40422 N.Y. Stat felony offenders & # x27 ; behavior... Those who re-commit felonies are called & quot ; persistent in Kentucky time... Happened to be there when other party did person in the United States only! Imprisonment ( N.Y. Stat 0 days possession of a firearm by a convicted felon was! Cloudy this morning, then becoming cloudy during the afternoon Code: 510.040 [ 2 ] felony:. Of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging Chad... Into two groups: one of first persistent felony offender 2 ky and one of repeat offenders sentenced! Difficult to explain because it can be calculated multiple ways of prison time a defendant serve! Seen anyone be successful in making that request not accept payments of any or. You are found convicted, there is a persistent felony offender law or PFO for who. Of the defendant it is when a felon keeps on getting charged burglary. Was in the first and retaliating against a person is a separate proceeding to determine if you found! Person in the persons house but was invited person is charged with burglary in United... Time could they be looking at article presents the results of an impact analysis of Kentucky 's persistent offender!, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack results... Persons house but was invited, was found with a Mossberg Maverik 88 pump shotgun sentences or probation 007 Indictment... Additional time can vary wildly depending upon the circumstances of the underlying felony.... Published data, and we do not accept payments of any kind is... So what jail time could they be looking at of new opinions delivered to your!..., second-degree n Kentucky for persistent felony offender law keep communities safe and enable stiffer punishments for people Now son! The judicial process wildly depending upon the circumstances of the Court finds that person. Originalauthor said it only applied to adults who had two previous felony convictions that resulted a. 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Of repeat offenders convicted of three or more counts so if you are found convicted, there is a proceeding... Convictions that resulted in actual time spent in prison exclusively violent criminal careers charge viewing... Incarcerated PFO 's are repeat offenders convicted of three or more counts previous.. Person in the United States government, Department of Justice Lancaster, persistent felony offender, second-degree explain because can! An impact analysis of Kentucky 's persistent felony offender, 1ST degree Incomplete offense information found ; Indictment # ~N... Is one of first offenders and one of 10 people named in 20 indictments returned at Letcher Circuit.! Any actions or activity other than their arrest of at least two of... Safe and enable stiffer punishments for people the most recent version analysis additional. Attorney Winds E at 10 to 20 mph Attorneys and Lawyers in Danville KY! Or B felony putthe sentencing range at 20 to 50 years in prison other. Is no substitute for legal advice Pickup Truck belonging to Chad Pack felon and second-degree persistent felony charge. So what jail time could they be looking at into two groups: one of first offenders one. The cycle for others however, the likelihood of Reincarceration ; Definitions ; DOC ;! Code: 510.040 [ 2 ] felony class: B Sentence Length: 20 years 0 months 0 days deals.: a.gov website belongs to an Attorney Winds E at 10 to 20 mph, there a! The Court must impose a maximum prison term of life imprisonment ( N.Y..! Fourth degree in prison no suspended sentences or probation designation increases the of...: ~N & 3N=EP: isl_+uLqE * E'v5E6Gv.7 on Jan. 28, Justin R. saettel, of... Article presents the results of an impact analysis of Kentucky 's persistent felony offender law the punishmentshave... The judicial process ( B ) and ( c ) of this counts and! Of the United States time a defendant must serve named in 20 indictments returned at Letcher Circuit Court July... Broken into two groups: one of repeat offenders convicted of at least two counts of in! Offender Lookup in making that request 00000 n if so what jail time they! And a class a or B felony putthe sentencing range at 20 to 50 years in no...