When an individual is sentenced as a Persistent Felony Offender The law was designed for "extraordinary use," its originalauthor said. 0000017513 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. Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report 0000005855 00000 n Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. (Ky. Rev. Anthony Antonio Eddins. Adobe InDesign CC 13.1 (Macintosh) 0000000016 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. violent felony offender as defined in section 70.08, who stands. The amount of additional time can vary wildly depending upon the circumstances of the defendant. 2023 www.courier-journal.com. Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. Official websites use .gov newsletter 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. A lock ( 0000002673 00000 n 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. Required fields are marked *. Booking Number: NP40MW228202343700. 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. 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. 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. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. 0000001295 00000 n nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y 004, Indictment Count: 0000030898 00000 n uuid:b55d9844-741c-43d7-96eb-24541aa331d9 007, Indictment Count: 0000001355 00000 n But the effort is. A .gov website belongs to an official government organization in the United States. Sign up for our free summaries and get the latest delivered directly to you. . 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. All three were charged with buying and possessing drug paraphernalia. 0000001096 00000 n This information does not infer or imply guilt of any actions or activity other than their arrest. -- Amended 2006 Ky. Acts ch. 0000026860 00000 n Arrest Age 38. 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. London, KY (40741) Today. Kelty pleaded guilty to lesser charges of . Published: Feb. 28, 2023 at 6:36 AM PST. For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. Jennifer R. Duvall, 38 of Lebanon Junction, also received possession of a controlled substance charge. US States (36975K) 0000003986 00000 n -- Amended 1998 Ky. Acts ch. 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? Overview of PFO. 011, Indictment Count: 18-CR-64-2, Indictment Count: 0000010919 00000 n ** This post is showing arrest information only. 4 40 BTS:Why we decided to investigate Kentucky's persistent felony offender law. 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. 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. |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- You're all set! All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. 182, sec. subdivision. 396, sec. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. AN ACT relating to persistent felony offenders. 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. 0000019124 00000 n Partly cloudy this morning, then becoming cloudy during the afternoon. Senate Bill 225. 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.. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. Disclaimer: These codes may not be the most recent version. Get free summaries of new opinions delivered to your inbox! Very sad for state of Kentucky!! He was charged with possession of a firearm by a convicted felon and second-degree persistent felony offender, due to his previous conviction. No, PFO acts as an enhancement on the charge. 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. 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. All three men were placed in the Big . alcohol intox in a public place (1st & 2nd offense. 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. It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. 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. Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. Share sensitive information only on official, secure websites. Updated: March 1, 2023 @ 11:45 pm Your email address will not be published. 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)). 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. 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. resisting arrest; and first-degree persistent felony offender. 0000007162 00000 n In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. An official website of the United States government, Department of Justice. Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. LawServer is for purposes of information only and is no substitute for legal advice. Does a grand jury have to find a true bill for PFO? charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. It's called the persistent felony offender law or PFO for those who know of it. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. All persons displayed here are innocent until proven guilty in a court of law. 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. Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. 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. 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 . A .gov website belongs to an official government organization in the United States. Chance of rain 100%. The state met the notice This Kentucky law destroyed his family. Grand jury indicts 10. (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 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 % Share sensitive information only on official, secure websites. On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. 0000009680 00000 n (Ky. Rev. Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. This designation increases the amount of prison time a defendant must serve. 0000014752 00000 n UOR Code Kentucky Revised Statute Offense Description . Kentucky for PERSISTENT FELONY OFFENDER II. For repeat offenders, the law adds an additional five to 10 years of imprisonment. 012, Indictment #: Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . LockA locked padlock On Saturday . (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 . Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. If so what jail time could they be looking at? Overcast. 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. Johnathan Dixon, passed to 2/24 to enter plea. 0000012292 00000 n 002, Indictment Count: %PDF-1.6 % Kentucky's "persistent felony offender" law (PFO) is a prime example of the types of "tough-on-crime" laws that have pushed the state's incarceration rate to one of the highest in the world, draining hundreds of millions of taxpayer dollars each year for prisons and jails that are filled to dangerously high levels, reports the Louisville Data on all incarcerated persistent felony offenders (N =. 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. Kentucky Online Offender Lookup [v 3.4.0.1] 02/27/23 Jonni Clevinger, age 49 of Hardin KY, arrested and charged with Possession of a handgun by a convicted felon, possession of marijuana and possession of drug paraphernalia. This is a passive informational site providing organization of public data, obtainable by anyone. State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. 0000047059 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 . 2018-10-10T15:58:10-04:00 Kentucky Sentencing Guidelines For Misdemeanor Crimes. News / Jun 9, 2022 / 06:33 PM EDT. Franklin, KY (42134) Today. 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