. In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . A .gov website belongs to an official government organization in the United States. Now a son wants to break the cycle for others. Booking Date: 2/28/2023 4:37:00 PM. 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? The careers of these offenders ranged from under 1 to 46 years. On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. 0000030898 00000 n may have more current or accurate information. This designation increases the amount of prison time a defendant must serve. . 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. 073101 532.080(3) PERSISTENT FELONY OFFENDER - FIRST DEGREE 073102 532.080(2) PERSISTENT FELONY OFFENDER - 2ND DEGREE 909817 532.080 *OBS* PERSISTENT FELONY OFFENDER 999022 532.080 PERSISTENT FELONY OFFENDER **AOC** This data was limited to those cases filed since 1/1/2017. 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. Secure .gov websites use HTTPS LockA locked padlock An official website of the United States government, Department of Justice. A good friend of mine is.). 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 PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . Kentucky Sentencing Guidelines For Misdemeanor Crimes. State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. This Kentucky law destroyed his family. Talk to an Attorney Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. 0000031234 00000 n Booker received additional charges for possession of drug paraphernalia. He received an additional nine years in prison for violating. 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]). I have never personally seen anyone be successful in making that request. Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. 007, Indictment Count: Nicholas Puckett was booked on 2/28/2023 in Lee County, Kentucky. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. Please check official sources. The increased punishmentshave given prosecutors another powerful tool to push plea deals. And burglary? Ann. Arrest Age 38. You're all set! 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. There are 3 people being charged with these crimes all the same charges is that possible? 0000034669 00000 n Published: Feb. 28, 2023 at 6:36 AM PST. 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. 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. 0000017513 00000 n First-degree persistent felony offender brings even harsher punishmentsfor some. NKBA (Northern Kentucky Bar Association) 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. Share sensitive information only on official, secure websites. 2011 Ky. Acts ch. Kelty pleaded guilty to lesser charges of . |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- 0000004126 00000 n This information does not infer or imply guilt of any actions or activity other than their arrest. . Age: 40 . A lock ( All three were charged with buying and possessing drug paraphernalia. Winds ENE at 5 to 10 mph.. Tonight. 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. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. 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. subdivision. 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. Ann. AN ACT relating to persistent felony offenders. Disclaimer: These codes may not be the most recent version. 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. 11 tables. 012, Indictment #: Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . 003, Indictment Count: alcohol intox in a public place (1st & 2nd offense. 009, Indictment Count: 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). Bode Brooks 6/9/2022. The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. The law was designed for "extraordinary use," its originalauthor said. 0000007162 00000 n Kentucky Online Offender Lookup [v 3.4.0.1] 0000000016 00000 n 606, sec. Motion to revoke probation. Abstract PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. A .gov website belongs to an official government organization in the United States. 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. 76, 0000002673 00000 n 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. For repeat offenders, the law adds an additional five to 10 years of imprisonment. %PDF-1.6 % persistent felony offender ii. 011, Indictment Count: 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream 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 . This site does not charge for viewing any of our published data, and we do not accept payments of any kind. Your email address will not be published. 001, Indictment Count: 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. 4 40 0000019453 00000 n All PFO's were convicted of at least two counts, and half were convicted of three or more counts. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. Senate Bill 225. 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) 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. convicted of a felony after having previously been convicted of two or. 0000028905 00000 n Read the full series by subscribing to The Courier Journal. 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!! Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. When the court finds that a person is a persistent felony offender, additional or harsher punishment may be imposed upon them. Stat. 0000003149 00000 n Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. 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. If so what jail time could they be looking at? If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . 0000019536 00000 n 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. 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. Sign up for our free summaries and get the latest delivered directly to you. . One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. 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. 18-CR-64-2, Indictment Count: All Rights Reserved. That version of the law didn't last for long. 0000023062 00000 n And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. 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. 0000003457 00000 n 0000003986 00000 n An official website of the United States government, Department of Justice. 0000001096 00000 n Section 532.080.) LockA locked padlock 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 Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. Thank you. BTS:Why we decided to investigate Kentucky's persistent felony offender law. While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. 0000003778 00000 n 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 . 0000046997 00000 n The amount of additional time can vary wildly depending upon the circumstances of the defendant. When an individual is sentenced as a Persistent Felony Offender lex loci - october 2018 (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. 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. 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