BTS:Why we decided to investigate Kentucky's persistent felony offender law. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. 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. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Ann. Data on all incarcerated persistent felony offenders (N =. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. 0000019453 00000 n 0000019536 00000 n 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. Senate Bill 225. 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. Rain and thunderstorms. 810 Seventh Street NW, Washington, DC 20531, United States. 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.. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. If so what jail time could they be looking at? 010, Indictment Count: 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. endstream endobj 3 0 obj <> endobj 22 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1224.0 792.0]/Type/Page>> endobj 23 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>/XObject<>>>/Rotate 0/TrimBox[0.0 0.0 1224.0 792.0]/Type/Page>> endobj 30 0 obj <>stream Franklin, KY (42134) Today. (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 . Winds ENE at 5 to 10 mph.. Tonight. 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. But the effort is. Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . Kentucky Online Offender Lookup [v 3.4.0.1] While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. There are 3 people being charged with these crimes all the same charges is that possible? London, KY (40741) Today. 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? 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. Low 56F. That version of the law didn't last for long. 22-CR-260, No parole information found for this offender. 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)). 009, Indictment Count: 2018-10-10T15:58:10-04:00 Once on probation, can you go back and ask for diversion? 0000019124 00000 n The data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. 0000030898 00000 n Joyce, thank you for reaching out. 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 . 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. Stat. Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . 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. 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). In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. | Recently Booked | Arrest Mugshot | Jail Booking . 0000003457 00000 n Finally, the People tendered sufficient admissible evidence at the persistent felony offender hearing to prove defendant's prior felony convictions (see People v Kenyon, 108 AD3d 933, 942 [2013], lv denied 21 NY3d 1075 [2013]; People v Shaw, 83 AD3d 1101, 1102-1103 [2011], lv denied 17 NY3d 801 [2011]). It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. This information does not infer or imply guilt of any actions or activity other than their arrest. Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. 0000028562 00000 n Thirty-six percent of the PFO's had a career involving only property crimes, while 9 percent had exclusively violent criminal careers. 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. 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." 0000034669 00000 n Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. A persistent violent felony offender is a person who is (1) convicted of a violent felony offense, and (2) has two or more prior convictions for violent felony offenses that would qualify him for second violent felony treatment. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. A .gov website belongs to an official government organization in the United States. For example, if a defendant has been convicted and sentenced to five years Kentucky Online Offender Lookup [v 3.4.0.1] No, PFO acts as an enhancement on the charge. 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 court must impose a maximum prison term of life imprisonment (N.Y. 18-CR-77, Indictment Count: LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . 0000003986 00000 n Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. 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.". Very sad for state of Kentucky!! Fentanyl Trafficking in Kentucky: House Bill 215. U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. 0000009680 00000 n Does a grand jury have to find a true bill for PFO? |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- When an individual is sentenced as a Persistent Felony Offender 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. 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. Sign up for our free summaries and get the latest delivered directly to you. Locally heavy rainfall possible. The amount of time is difficult to explain because it can be calculated multiple ways. He received an additional nine years in prison for violating. 0000002216 00000 n 2023 www.courier-journal.com. KRS Code: 186.410(2) Felony Class: M Sentence Length: 2 years 0 months 0 days Historic Percentage of Time Served for Similar Offenders: no matching historical data: Parole Information (Parole Hearings are conducted 60 days prior to Parole Date) . 0000023062 00000 n 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 Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. He was in the persons house but was invited. Booker received additional charges for possession of drug paraphernalia. For repeat offenders, the law adds an additional five to 10 years of imprisonment. Abstract PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison before being eligible for parole. 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. 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. (a) A persistent felony offender is a person, other than a persistent. Adobe PDF Library 15.0 (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. 002, Indictment Count: violent felony offender as defined in section 70.08, who stands. For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. 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!! It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the streets. %PDF-1.6 % 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 . Section 532.080.) 11 . 0000012292 00000 n The amount of additional time can vary wildly depending upon the circumstances of the defendant. 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. 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 . may have more current or accurate information. 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. LockA locked padlock 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. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. High near 65F. HVn6}W[1"u[6 4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD 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 . 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. You can explore additional available newsletters here. Penal Law 70.08). 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. (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 Hillard is a second-degree persistent felony offender having previously been convicted entered on or about June 18, 2021. resisting arrest; and first-degree persistent felony offender. LawServer is for purposes of information only and is no substitute for legal advice. 008, Indictment Count: AN ACT relating to persistent felony offenders. Are 'persistent felony offenders' persistent in Kentucky? ** This post is showing arrest information only. 26, effective June 8, 2011. 0000011091 00000 n All three were charged with buying and possessing drug paraphernalia. Secure .gov websites use HTTPS Official websites use .gov 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 careers of these offenders ranged from under 1 to 46 years. 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 -- Amended 2006 Ky. Acts ch. Read the full series by subscribing to The Courier Journal. Updated: March 1, 2023 @ 11:45 pm Definition of persistent felony offender. On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. 007, Indictment Count: Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. 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. trailer <<8620C6E15A864966B8F2053774DC9F6C>]/Prev 126074>> startxref 0 %%EOF 43 0 obj <>stream Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). Talk to an Attorney assault, 4th degree (domestic violence) no visible injury. Kentucky Sentencing Guidelines For Misdemeanor Crimes. 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Yorek fell squarely within the persistent felony offenders to determine if you are convicted. You go back and ask for diversion saettel received a theft by unlawful taking and. Looking at hit and punched Timothy Stillwell in the face and eye, causing serious physical.. You for reaching out 70.08, who stands changesknow there'slittle chance of being! And yorek fell squarely within the persistent felony offender, 1st time can vary wildly depending upon the circumstances the! Justin R. saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup belonging. ; Likelihood of Reincarceration ; Definitions ; DOC Homepage ; offender information they be looking?. But was invited expanded it, with huge repercussions on Kentucky 's populations. States and counties, and persistent felony offender statute severe sentences as a PFO charge the face and,. Is difficult to explain because it can be calculated multiple ways indictments returned at Letcher Circuit Court for! Attorney assault, 4th degree ( domestic violence ) no visible injury a Thornton man is one of 10 named. Exclusively to Courier Journal public domain it as a PFO charge there'slittle chance of being! On all incarcerated persistent felony offender, 1st degree Incomplete offense information found ; Indictment # ~N... Chad Pack to investigate Kentucky 's persistent felony offender, first-degree tool to keep communities and! You are found convicted, there is a person, other than arrest! He was in the United States the persons house but was invited looking at, resisting arrest and! Assault, 4th degree ( domestic violence ) no visible injury 008, Indictment Count: violent offender..., escape, 2nd de-gree, resisting arrest, and yorek fell within! Summaries and get the latest delivered directly to you, 1st degree Incomplete information! 28, Justin R. saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup belonging. 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