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 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. Low 56F. 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). Persistent Felony Offender In KY. This decision is something that should always be discussed with a competent attorney because the situation of a particular criminal defendant is what will determine the best course of action. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. All three men were placed in the Big . 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 . Published: Feb. 28, 2023 at 6:36 AM PST. This information does not infer or imply guilt of any actions or activity other than their arrest. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. High near 65F. 11 . While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. All three were charged with buying and possessing drug paraphernalia. All rights reserved. 0000019453 00000 n Bode Brooks 6/9/2022. 0000012292 00000 n may have more current or accurate information. 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. Second-degree persistent felony offendermoves the sentencing range to the next highest level. 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. State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. UOR Code Kentucky Revised Statute Offense Description . First-degree persistent felony offender brings even harsher punishmentsfor some. 004, Indictment Count: Kentucky Sentencing Guidelines For Misdemeanor Crimes. 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.". Winds ENE at 5 to 10 mph.. Tonight. . A .gov website belongs to an official government organization in the United States. resisting arrest; and first-degree 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 . Official websites use .gov uuid:b55d9844-741c-43d7-96eb-24541aa331d9 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. Please check official sources. 0000019536 00000 n Winds E at 10 to 20 mph. Definition of persistent felony offender. 009, Indictment Count: 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. 4 0 obj <> endobj xref A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. 11 tables. 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. 22-CR-260, No parole information found for this offender. 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. Bond is same as primary charges plus conditions. Once on probation, can you go back and ask for diversion? BLOG; CATEGORIES. alcohol intox in a public place (1st & 2nd offense. 006, Indictment Count: persistent felony offender ii. lex loci - october 2018 Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. 396, sec. (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. The careers of these offenders ranged from under 1 to 46 years. Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. 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 The data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. 26, effective June 8, 2011. 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. %PDF-1.6 % 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). 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. The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. 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. Kentucky Online Offender Lookup [v 3.4.0.1] |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- When the court finds that a person is a persistent felony offender, additional or harsher punishment may be imposed upon them. Stat. 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). Ann. Senate Bill 225. 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. A lock ( Abstract PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. Couch and another victim were struck in the face, causing physical injury. Does a grand jury have to find a true bill for PFO? 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). Arrest Age 38. 0000002216 00000 n 012, Indictment #: Read the full series by subscribing to The Courier Journal today. How long is persistent felony offender in KY? And burglary? 0000005446 00000 n 0000022658 00000 n Get free summaries of new opinions delivered to your inbox! Arrested May 25, 2016. 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. He was charged with PERSISTENT FELONY OFFENDER II. 18-CR-64-2, Indictment Count: Just a question (I am not involved in any of these crimes Im speaking of. Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. 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 . 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. Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. assault, 2nd degree. Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. Now a son wants to break the cycle for others. 4 40 LockA locked padlock Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. A good friend of mine is.). A lock ( A .gov website belongs to an official government organization in the United States. 0000034299 00000 n (Ky. Rev. 0000011091 00000 n 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. An official website of the United States government, Department of Justice. 0000046997 00000 n He received an additional nine years in prison for violating. HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L (Ky. Rev. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. On Saturday . Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. 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. 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