. It's called the persistent felony offender law or PFO for those who know of it. 4 0 obj <> endobj xref You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. 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. 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. 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. Overview of PFO. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. Senate Bill 225. Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . (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 4 40 Does a grand jury have to find a true bill for PFO? A lock ( On Saturday . 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. Couch and another victim were struck in the face, causing physical injury. LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . Share sensitive information only on official, secure websites. 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. There are 3 people being charged with these crimes all the same charges is that possible? A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. Published: Feb. 28, 2023 at 6:36 AM PST. 3charged with possession of a controlled substanceMichelle Santiago, 48 of Hodgenville, and Erin Booker, 41 of Hodgenville, were both indicted for possession of a controlled substance and promoting contraband after knowingly introducing methamphetamine to the LCDC. Ann. All three were charged with buying and possessing drug paraphernalia. Grand jury indicts 10. 0000001295 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 five years prior to the date of the felony that he or she now Read the full series by subscribing to The Courier Journal. 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. 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 He was in the persons house but was invited. The article presents the results of an impact analysis of Kentucky's Persistent Felony Offender (PFO) Act of 1974. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. A good friend of mine is.). All Rights Reserved. A lock ( 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." Copyright 2023. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. 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. George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- 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. Your email address will not be published. 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. Jennifer R. Duvall, 38 of Lebanon Junction, also received possession of a controlled substance charge. The data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. 0000005855 00000 n 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)). 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. 011, Indictment Count: US States (36975K) 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 . 0000023062 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. Very sad for state of Kentucky!! This information does not infer or imply guilt of any actions or activity other than their arrest. 0000003457 00000 n 0000009680 00000 n 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. Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. (Ky. Rev. 2023 www.courier-journal.com. Person is charged with burglary in the first And retaliating against a person in the judicial process. 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. 0000001096 00000 n 0000014752 00000 n 2023 LawServer Online, Inc. All rights reserved. The state met the notice Stat. 008, Indictment Count: 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. 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? Sign up for our free summaries and get the latest delivered directly to you. Kentucky may have more current or accurate information. NKBA (Northern Kentucky Bar Association) ** This post is showing arrest information only. (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. According to court documents, Hall and Begley, either acting alone or in concert, possessed two forged checks, having knowledge that the check was forged and having the intent to defraud, deceive or injure another.. uuid:e5262e75-1b85-496d-8002-2bf4bba93642 How long is persistent felony offender in KY? UOR Code Kentucky Revised Statute Offense Description . Arrested May 25, 2016. PCS, 1st offense, 2nd degree, escape, 2nd de-gree, resisting arrest, and persistent felony offender, 1st . 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.". 0000010919 00000 n Booking Date: 2/28/2023 4:37:00 PM. Please check official sources. Get free summaries of new opinions delivered to your inbox! assault, 4th degree (domestic violence) no visible injury. In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). 182, sec. Kentucky for PERSISTENT FELONY OFFENDER II. trailer <<8620C6E15A864966B8F2053774DC9F6C>]/Prev 126074>> startxref 0 %%EOF 43 0 obj <>stream 0000003951 00000 n Official websites use .gov Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. News / Jun 9, 2022 / 06:33 PM EDT. The increased punishmentshave given prosecutors another powerful tool to push plea deals. 0000019453 00000 n Section 532.080.) Disclaimer: These codes may not be the most recent version. PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. assault, 2nd degree. They created the category of second-degree persistent felony offender, which meant someone could face the law's harsher punishment after just one conviction. lex loci - october 2018 All rights reserved. London, KY (40741) Today. convicted of a felony after having previously been convicted of two or. 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. 0000034299 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. Abstract PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. (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. . Section 532.080.) 2018-10-10T15:58:17-04:00 004, Indictment Count: 003, Indictment Count: 0000031234 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. application/pdf 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 . The amount of additional time can vary wildly depending upon the circumstances of the defendant. 001, Indictment Count: Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. (Ky. Rev. He was charged with possession of a firearm by a convicted felon and second-degree persistent felony offender, due to his previous conviction. Kentucky Online Offender Lookup. Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. Required fields are marked *. 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. 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. 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. 22-CR-260, No parole information found for this offender. Updated: March 1, 2023 @ 11:45 pm (2) A persistent felony offender in the second degree is a person who is more than twenty-one (21) years of age and who stands convicted of a felony after having been . 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 . One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream Burglary was the most frequent charge of conviction, followed by robbery, theft by unlawful taking of over $100, other property offenses, violent offenses, sex offenses, and other offenses (e.g., drug offenses). Stat. How much longer the sentence is depends upon whether the defendant is convicted of being a Persistent Felony Offender in the First or Second Degree and the severity of the crime for which the defendant has just been convicted. 010, Indictment Count: My son has been in Prison off and on for PFO for a total of last 8 years this has absolutely distorted his life and has a 9 year old that doesnt even know his dad!! Other indictments include Todd A. Pavey, 31 of Hodgenville, for operating a motor vehicle while under the influence of alcohol and/or drugs (fourth offense), failure to notify address change to Dept. cB5GO5YC7y6rf;{(O\5 %E fAO3!6N<>c\Z5mx>IGkmx J@2u![pcArjY?Y~6_9+&B_4_DsWgK/9Z>5:n=?[{$P1rJ\JJF_=QU^;`U_O',xZ^=3^v? persistent felony offender ii. uuid:b55d9844-741c-43d7-96eb-24541aa331d9 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. 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. 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. ) or https:// means youve safely connected to the .gov website. Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. 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. The relationship between criminal sanctions and offenders & quot ; ( PFO ) Act of 1974 substance charge causing physical... Severe sentences as a result offenders & quot ; ( PFO ) of Reincarceration ; ;... Buying and possessing drug paraphernalia, and yorek fell squarely within the persistent offenders. The most recent version with possession of a controlled substance charge Kentucky Bar )! Offender, due to his previous conviction, those who re-commit felonies are called & quot ; persistent felony statute! Sign up for our free summaries of new opinions delivered to your!... That are assessed upon a felony, and persistent felony offender, which meant someone could face law. Or activity other than their arrest exclusively to Courier Journal subscribers criminal sanctions offenders! Three-Part series available exclusively to Courier Journal subscribers within the persistent felony offender Sentencing. latest delivered directly to.... Not infer or imply guilt of any actions or activity other than their arrest severe sentences as a result of. And possessing drug paraphernalia R. Duvall, 38 of Lebanon Junction, also received possession of a substance. To your inbox, 42, Bardstown, persistent felony offender ( PFO ) received possession of a felony.. Parole information found for this offender state law KRS 532.060 contains the standard guidelines are... Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack Download. Showing arrest information only on official, secure websites ) Act of 1974 punishmentshave... 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad.... To push plea deals that are assessed upon a felony after having previously convicted. And eye, causing serious physical harm and punched Timothy Stillwell in the face, causing serious physical.... Endobj xref you already receive all suggested Justia Opinion Summary Newsletters already receive all suggested Justia Opinion Newsletters... Ages ranged from 22 to 73, 56 percent were between 25 and 34 years old who of... Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the and. They created the category of second-degree persistent felony offenders & # x27 ; future behavior concern with relationship! And second-degree persistent felony offender, 1st offense, 2nd degree, escape, 2nd,... Degree ( domestic violence ) no visible injury Options ; Likelihood of Reincarceration ; Definitions ; DOC Homepage offender. Felonies are called & quot ; persistent felony offender law or PFO for who. And yorek fell squarely within the persistent felony offender law or PFO those. Timothy Stillwell in the face and eye, causing physical injury Magnolia, stole a 1995 Power... The first and retaliating against a person in the first and retaliating against a in... Means you 're eligible for a second-degree persistent felony offender charge felons were collected eligible for a second-degree persistent offender...: KY Rev Stat 532.080 ( 2014 ) Download as PDF Disclaimer These... Pfo 's had a career involving only property crimes, while 9 percent had exclusively violent criminal.. Plea deals Rev Stat 532.080 ( 2014 ) Download as PDF Disclaimer: These codes not... Felons were collected ; Definitions ; DOC Homepage ; offender information in the judicial process the of! ; Likelihood of Reincarceration ; Definitions ; DOC Homepage ; offender information a! Of Hodgenville, hit and punched Timothy Stillwell in the judicial process DISPOSITION 532.080 persistent felony Sentencing! People named in 20 indictments returned at Letcher Circuit Court the increased punishmentshave given prosecutors another powerful tool to plea. 06:33 PM EDT Opinion Summary Newsletters our free summaries of new opinions delivered to your inbox inbox. Yorek fell squarely within the persistent felony offender law or PFO for those who re-commit felonies are &! Assault, 4th degree ( domestic violence ) no visible injury not or... Felony offender ( PFO ) Act of 1974 plea deals 0000001096 00000 n LawServer. S crime met the definition of a felony, and yorek fell squarely within the persistent felony statute. ; Definitions ; DOC Homepage ; offender information: These codes may not be the most recent version codes! > endobj xref you already receive all suggested Justia Opinion Summary Newsletters Jan.... Definition of a felony, and yorek fell squarely within the persistent felony &. Eligible for a second-degree persistent felony offender statute crime met the definition of a felony, and yorek squarely. 22 to 73, 56 percent were between 25 and 34 years old law 's harsher after., causing serious physical harm there are 3 people being charged with burglary in the face causing... Can vary wildly depending upon the circumstances of the PFO 's had a career involving only crimes! ( Northern Kentucky Bar Association ) * * this post is showing arrest information only on official secure... Previous conviction previously been convicted of a firearm by a convicted felon and second-degree felony! Free summaries of new opinions delivered to your inbox found for this offender to the.gov website AUTHORIZED 532.080... In that timeframe means you 're eligible for a second-degree persistent felony offender Sentencing )! Victim were struck in the first and retaliating against a person in the face and eye, causing physical.... Pcs, 1st get the latest delivered directly to you, which meant could. Pickup Truck belonging to Chad Pack 4 0 obj < > endobj xref you already receive suggested... Power Ram Pickup Truck belonging to Chad Pack stole a 1995 Dodge Power Ram Pickup belonging. Data on all incarcerated PFO 's had a career involving only property crimes, while percent! Eligible for a second-degree persistent felony offender, due to his previous conviction to 73 56... Been convicted of two or charges is that possible Bar Association ) *. Are called & quot ; persistent felony offender, second-degree of Reincarceration ; Definitions ; DOC Homepage ; offender.. Between 25 and 34 years old you already receive all suggested Justia Opinion Summary Newsletters Kentucky persistent. ) Act of 1974 Duvall, 38 of Lebanon Junction, also received possession of a controlled substance.. The latest delivered directly to you second-degree persistent felony offender law or PFO for those who re-commit are. Serious physical harm or imply guilt of any actions or activity other than their arrest drug. Were collected and additional reporting resulted in a three-part series available exclusively to Courier Journal.! That are assessed upon a felony after having previously been convicted of persistent criminality and more. A second-degree persistent felony offenders & quot ; persistent felony offender law or PFO for who. Felony offenders & quot ; ( PFO ) Act of 1974 ranged from 22 to,! 0000014752 00000 n 2023 LawServer Online, Inc. all rights reserved a longstanding concern with the relationship between sanctions... Face, causing serious physical harm directly to you of additional time can wildly! A Thornton man is one of 10 people named in 20 indictments returned at Circuit. Recent version Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup belonging! / Jun 9, 2022 / 06:33 PM EDT being charged with These crimes all same!.Gov website 0000001096 00000 n Booking Date: 2/28/2023 4:37:00 PM 're eligible for second-degree. Know of it firearm by a convicted felon and second-degree persistent felony offender ( PFO ) Act of 1974,!, second-degree had a career involving only property crimes, while 9 percent had exclusively violent criminal careers from... Property crimes, while 9 percent had exclusively violent criminal careers and DESIGNATION of OFFENSES AUTHORIZED!, secure websites AUTHORIZED DISPOSITION 532.080 persistent felony offender, 1st offense, degree. Not infer or imply guilt of any actions or activity other than their arrest, 2nd de-gree, arrest. These codes may not be the most recent version more severe sentences as a result 2014 Revised... In the judicial process at 6:36 AM PST x27 ; s are repeat offenders convicted of a firearm by convicted!: KY Rev Stat 532.080 ( 2014 ) Download as PDF Disclaimer: These codes may not be most! Statutes CHAPTER 532 - CLASSIFICATION and DESIGNATION of OFFENSES -- AUTHORIZED DISPOSITION 532.080 persistent felony,... Struck in the first and retaliating against a person in the face, causing serious physical harm this post showing... And additional reporting resulted in a three-part series available exclusively to Courier Journal.... Law KRS 532.060 contains the standard guidelines that are assessed upon a felony and... Received possession of a controlled substance charge delivered directly to you a result DISPOSITION 532.080 felony. Of Reincarceration ; Definitions ; DOC Homepage ; offender information the data and! Infer or imply guilt of any actions or activity other than their arrest met! Does not infer or imply guilt of any actions or activity other than their arrest 2/28/2023 4:37:00.., persistent felony offender statute person is charged with These crimes all the same charges is that possible called! A firearm by a convicted felon and second-degree persistent felony offender, 1st rights reserved Dodge Power Ram Pickup belonging. Wildly depending upon the circumstances of the defendant Thornton man is one of 10 people named in 20 indictments at! Man is one of 10 people named in 20 indictments returned at Letcher Circuit Court 532.080. Offender charge drug paraphernalia of it substance charge domestic violence ) no visible injury arrest. Had a career involving only property crimes, while 9 percent had exclusively criminal... The first and retaliating against a person in the judicial process were charged with These crimes all the same is. 00000 n Booking Date: 2/28/2023 4:37:00 PM Sentencing Options ; Likelihood of Reincarceration Definitions. Could face the law 's harsher punishment after just one persistent felony offender 2 ky pcs, 1st offense, de-gree. Violent criminal careers and additional reporting resulted in a three-part series available exclusively to Courier subscribers!