0000008444 00000 n A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. A good friend of mine is.). Lawmakers set up work group to study inconsistencies. 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. Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. 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. persistent felony offender ii. 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 0000014752 00000 n On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. 22-CR-260, No parole information found for this offender. 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. Updated: March 1, 2023 @ 11:45 pm Kentucky Online Offender Lookup. 76, It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the streets. LockA locked padlock (a) A persistent felony offender is a person, other than a persistent. You have permission to edit this article. Definition of persistent felony offender. Published: Feb. 28, 2023 at 6:36 AM PST. Disclaimer: These codes may not be the most recent version. Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). Graphic novel:How Kentucky punishes persistent criminals. The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. There are two classes of misdemeanors recognized under Kentucky law. 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). U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison before being eligible for parole. assault, 4th degree (domestic violence) no visible injury. I have never personally seen anyone be successful in making that request. 0000005446 00000 n Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. In Kentucky, people who are convicted of felonies and have prior felony convictions are "persistent felony offenders" or "PFO." They are subject to longer prison terms than people who are convicted of the same crimes but do not have a felony criminal record. 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. Kentucky may have more current or accurate information. 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. 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. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. Locked away:This Kentucky law destroyed his family. PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . 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 Couch and another victim were struck in the face, causing physical injury. Section 532.080.) You're all set! He was charged with PERSISTENT FELONY OFFENDER II. newsletter All three men were placed in the Big . PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . 0000009680 00000 n UOR Code Kentucky Revised Statute Offense Description . Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. Second-degree persistent felony offendermoves the sentencing range to the next highest level. Ann. 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. This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. Johnathan Dixon, passed to 2/24 to enter plea. The provisions of this section amended by 1994 Ky. Acts ch. 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)). violent felony offender as defined in section 70.08, who stands. 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 Required fields are marked *. Chance of rain 100%. 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. 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.". Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. Can you file an appeal after pleading guilty to a felony. assault, 2nd degree. There are 3 people being charged with these crimes all the same charges is that possible? 0000003986 00000 n Copyright 2023. 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. Kentucky Online Offender Lookup [v 3.4.0.1] ) or https:// means youve safely connected to the .gov website. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. 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!! Kentucky Online Offender Lookup [v 3.4.0.1] 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 . 0000003149 00000 n You already receive all suggested Justia Opinion Summary Newsletters. Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- 0000003778 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 . application/pdf Get free summaries of new opinions delivered to your inbox! 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. Winds E at 10 to 20 mph. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. -- Amended 1998 Ky. Acts ch. The careers of these offenders ranged from under 1 to 46 years. A lock ( This information does not infer or imply guilt of any actions or activity other than their arrest. Read the full series by subscribing to The Courier Journal. Bond is same as primary charges plus conditions. LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . 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 Arrest Age 38. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. 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. -- Amended 2006 Ky. Acts ch. Persistent Felony Offender In KY. A lock ( 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? (b) If the offense for which he presently stands convicted is a Class C or Class D felony, a persistent felony offender in the first degree shall be sentenced to an indeterminate term of imprisonment, the maximum of which shall not be less than ten (10) years nor more than twenty (20) years. State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . ** This post is showing arrest information only. 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. Official websites use .gov That version of the law didn't last for long. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. Adobe InDesign CC 13.1 (Macintosh) Person is charged with burglary in the first And retaliating against a person in the judicial process. BLOG; CATEGORIES. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. Franklin, KY (42134) Today. 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. How much longer the sentence is depends upon whether the defendant is convicted of being a Persistent Felony Offender in the First or Second Degree and the severity of the crime for which the defendant has just been convicted. (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 alcohol intox in a public place (1st & 2nd offense. 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. Talk to an Attorney 003, Indictment Count: 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. 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. (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 Kentucky Sentencing Guidelines For Misdemeanor Crimes. Joyce, thank you for reaching out. All persons displayed here are innocent until proven guilty in a court of law. Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. 396, sec. Your email address will not be published. Motion to revoke probation. Senate Bill 225. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. Possible jail times are set forth in KRS 532.090 and possible fines are listed in KRS 532.040. 0000019453 00000 n It's called the persistent felony offender law or PFO for those who know of it. LawServer is for purposes of information only and is no substitute for legal advice. 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. 004, Indictment Count: Official websites use .gov Talk to an Attorney Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. (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. A .gov website belongs to an official government organization in the United States. And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. 1. 4 0 obj <> endobj xref Ann. Booker received additional charges for possession of drug paraphernalia. Secure .gov websites use HTTPS 0000022658 00000 n If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . 26, effective June 8, 2011. 002, Indictment Count: . 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. The court must impose a maximum prison term of life imprisonment (N.Y. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. Read the full series by subscribing to The Courier Journal today. subdivision. She was indicted for second-degree assault and persistent felony offender. 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. Overcast. %PDF-1.6 % 005, Indictment #: 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. 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. Clarence J. Harless, Joseph L Berry and Chad F. Caudill were arrested and charged on drug-related offenses. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. He was in the persons house but was invited. How long is persistent felony offender in KY? Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. 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. 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. The state met the notice He received an additional nine years in prison for violating. 0000005855 00000 n News / Jun 9, 2022 / 06:33 PM EDT. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . 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