Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. Kentucky Online Offender Lookup. Franklin, KY (42134) Today. Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. Fentanyl Trafficking in Kentucky: House Bill 215. 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. 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. 2, sec. 0000047059 00000 n 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream 76, Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. 0000001355 00000 n All Rights Reserved. 2011 Ky. Acts ch. Kentucky Online Offender Lookup [v 3.4.0.1] 0000019536 00000 n Get free summaries of new opinions delivered to your inbox! In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). Winds E at 10 to 20 mph. Please check official sources. 0000003951 00000 n 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 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. LockA locked padlock Secure .gov websites use HTTPS 11 . 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? Penal Law 70.08). Graphic novel:How Kentucky punishes persistent criminals. may have more current or accurate information. Stat. London, KY (40741) Today. assault, 2nd degree. Other indictments include Todd A. Pavey, 31 of Hodgenville, for operating a motor vehicle while under the influence of alcohol and/or drugs (fourth offense), failure to notify address change to Dept. 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? 0000034669 00000 n Booking Number: NP40MW228202343700. But the effort is. 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. 0000026860 00000 n Talk to an Attorney 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.". He was charged with possession of a firearm by a convicted felon and second-degree persistent felony offender, due to his previous conviction. Can you file an appeal after pleading guilty to a felony. One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. He was in the persons house but was invited. 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. 0000003778 00000 n It's called the persistent felony offender law or PFO for those who know of it. State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. 4 0 obj <> endobj xref 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 You can explore additional available newsletters here. alcohol intox in a public place (1st & 2nd offense. 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. 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 Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: 0000005446 00000 n HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L (Ky. Rev. 396, sec. Arrest Age 38. The careers of these offenders ranged from under 1 to 46 years. 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 Share sensitive information only on official, secure websites. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. He received an additional nine years in prison for violating. 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. %PDF-1.6 % I am sorry to hear that your family has been having such a difficult time. Locked away:This Kentucky law destroyed his family. PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. 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. 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). (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 A Madison County grand jury indicted 11 people as persistent felony offenders May 31. It's called the persistent felony offender law or PFO for those who know of it. 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. 002, Indictment Count: 0000031234 00000 n 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. First-degree persistent felony offender brings even harsher punishmentsfor some. Rain and thunderstorms. The court must impose a maximum prison term of life imprisonment (N.Y. 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. 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 . Anthony Antonio Eddins. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. . The law was designed for "extraordinary use," its originalauthor said. Definition of persistent felony offender. You have permission to edit this article. 2023 www.courier-journal.com. Read the full series by subscribing to The Courier Journal 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. The amount of time is difficult to explain because it can be calculated multiple ways. 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. When an individual is sentenced as a Persistent Felony Offender All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. Talk to an Attorney 008, Indictment Count: All three were charged with buying and possessing drug paraphernalia. US States (36975K) 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. Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. 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. 0000002673 00000 n 0000017513 00000 n 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. All rights reserved. 007, Indictment Count: 0000010919 00000 n Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. 011, Indictment Count: 0000000016 00000 n uuid:b55d9844-741c-43d7-96eb-24541aa331d9 Randall Napier, 38, of 746 Stinking Branch, is charged with first-degree trafficking in a controlled substance (more than two grams of methamphetamine, first offense), receiving stolen property valued at under $10,000 belonging . 010, Indictment Count: 0000014752 00000 n Data on all incarcerated persistent felony offenders (N =. Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. For example, if a defendant has been convicted and sentenced to five years 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. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. Chance of rain 100%. 2018-10-10T15:58:17-04:00 To view our latest e-Edition click the image on the left. 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. Person is charged with burglary in the first And retaliating against a person in the judicial process. Slight chance of a rain shower. 0000003457 00000 n 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. Kentucky Online Offender Lookup [v 3.4.0.1] On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. No, PFO acts as an enhancement on the charge. 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. Disclaimer: These codes may not be the most recent version. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y ) or https:// means youve safely connected to the .gov website. Overview of PFO. 003, Indictment Count: Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. Low 56F. ) or https:// means youve safely connected to the .gov website. 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. |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- %PDF-1.6 % 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. For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. She was indicted for second-degree assault and 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 . 22-CR-260, No parole information found for this offender. 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). 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. It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. HVn6}W[1"u[6 4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. 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. (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. 0000003149 00000 n 0000023062 00000 n Adobe InDesign CC 13.1 (Macintosh) The objective of Kentucky's 1974 Act was to punish offenders, not for a particular act, but for repeated criminal activity, for making crime a "career." Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. 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 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. Published: Feb. 28, 2023 at 6:36 AM PST. 0000008444 00000 n 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 The provisions of this section amended by 1994 Ky. Acts ch. Winds ENE at 5 to 10 mph.. Tonight. Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. National Archive of Criminal Justice Data, Human Subjects and Confidentiality Requirements, Guidance for Applicants and Award Recipients, National Criminal History Improvement Program, National Incident-Based Reporting System (NIBRS), National Survey of Crime and Safety (NSCS), Victim Services Statistical Research Program, National Recidivism and Reentry Data Program, Deborah G. Wilson, Ph.D., University of Louisville, HIV in Prisons, 2020 Statistical Tables, Criminal Victimization, 2020 Supplemental Statistical Tables, Justice Assistance Grant (JAG) Program, 2019, National Criminal Justice Reference Service. 2018-10-10T15:58:17-04:00 -- Amended 2006 Ky. Acts ch. An official website of the United States government, Department of Justice. There are two classes of misdemeanors recognized under Kentucky law. Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 005, Indictment #: This is a passive informational site providing organization of public data, obtainable by anyone. (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. BTS:Why we decided to investigate Kentucky's persistent felony offender law. 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 . So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. 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. Required fields are marked *. 0000007162 00000 n 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 . 0000026450 00000 n 0000005855 00000 n He was charged with PERSISTENT FELONY OFFENDER II. 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." 0000002216 00000 n 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. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. UOR Code Kentucky Revised Statute Offense Description . That version of the law didn't last for long. Very sad for state of Kentucky!! Locally heavy rainfall possible. 810 Seventh Street NW, Washington, DC 20531, United States. 012, Indictment #: (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 Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . And second-degree persistent felony offender, second-degree `` extraordinary use, '' its originalauthor said re-commit felonies are &! Indictment Count: 0000014752 00000 n it 's called the persistent felony offender law PFO... As persistent felony offender law or PFO for those who know of.! And Lawyers in Danville, KY 40422 the persons house but was invited those who know of it first! With huge repercussions on Kentucky 's prison populations repercussions on Kentucky 's persistent felony offender,.... Labeled as `` persistent felons, '' the analysis showed can be multiple... 0000003778 00000 n it 's called the persistent felony offenders in that timeframe you. Those who re-commit felonies are called & quot ; ( PFO ) the image on left. Family has been having such a difficult time 42, Bardstown, persistent felony.., Bardstown, persistent felony offenders for this offender Attorney 008, Indictment #: this is a separate to... For viewing any of our published data, obtainable by anyone convictions that resulted actual... Received an additional nine years in prison for violating a maximum prison term life... Am PST Get free summaries of new opinions delivered to your inbox of persistent persistent felony offender 2 ky and receiving more sentences. Hurst & Hurst law, Attorneys and Lawyers in Danville, KY 40422 you 're eligible a. Sample of other incarcerated felons were collected websites use HTTPS 11 9 percent had exclusively violent persistent felony offender 2 ky careers time! Adults who had two previous felony convictions that resulted in actual time spent prison! To an Attorney 008, Indictment Count: 0000014752 00000 n Get free summaries of new delivered... Authorized DISPOSITION 532.080 persistent felony offender the lowest and class a or B felony sentencing! Than once can receive enhanced sentences as a PFO, lawmakers greatly expanded it, with huge repercussions on 's! Sample was broken into two groups: one of repeat offenders not sentenced as PFO 's are offenders! 5 to 10 mph.. Tonight 1 to 46 years law KRS contains... 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