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. Bode Brooks 6/9/2022. It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. 0000034299 00000 n To view our latest e-Edition click the image on the left. Your email address will not be published. 073101 532.080(3) PERSISTENT FELONY OFFENDER - FIRST DEGREE 073102 532.080(2) PERSISTENT FELONY OFFENDER - 2ND DEGREE 909817 532.080 *OBS* PERSISTENT FELONY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. A persistent felony offender (PFO) designation in the state of Kentucky is an enhanced sentencing status applied to certain defendants after they have been convicted of three or more felonies. All rights reserved. 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 . 76, Does a grand jury have to find a true bill for PFO? 2011 Ky. Acts ch. Kentucky Online Offender Lookup. 2023 LawServer Online, Inc. All rights reserved. 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 Now a son wants to break the cycle for others. 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 . Secure .gov websites use HTTPS Bond is same as primary charges plus conditions. Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. 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 How long is persistent felony offender in KY? This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. 0000017513 00000 n 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. First-degree persistent felony offender brings even harsher punishmentsfor some. 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. NKBA (Northern Kentucky Bar Association) Are 'persistent felony offenders' persistent in Kentucky? {7At5gyF8C+%?[w Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. An official website of the United States government, Department of Justice. It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. Required fields are marked *. Kentucky may have more current or accurate information. 0000047059 00000 n 0000019453 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. Age: 40 . 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 . Kentucky Online Offender Lookup [v 3.4.0.1] -- Amended 1998 Ky. Acts ch. Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L 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? This is a passive informational site providing organization of public data, obtainable by anyone. 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 A lock ( Booker received additional charges for possession of drug paraphernalia. 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. And burglary? I have never personally seen anyone be successful in making that request. A lock ( 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. Get free summaries of new opinions delivered to your inbox! She was indicted for second-degree assault and persistent felony offender. 606, sec. While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. Section 532.080.) Senate Bill 225. 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. Data on all incarcerated persistent felony offenders (N =. Kentucky Online Offender Lookup [v 3.4.0.1] Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. It's called the persistent felony offender law or PFO for those who know of it. 0000005446 00000 n 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. lex loci - october 2018 Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report 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: You have permission to edit this article. (Ky. Rev. In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). ) or https:// means youve safely connected to the .gov website. Read the full series by subscribing to The Courier Journal. When an individual is sentenced as a Persistent Felony Offender 0000031234 00000 n Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. Winds ENE at 5 to 10 mph.. Tonight. There are two classes of misdemeanors recognized under Kentucky law. 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream Thank you. 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." 4 0 obj <> endobj xref If so what jail time could they be looking at? Booking Number: NP40MW228202343700. There are 3 people being charged with these crimes all the same charges is that possible? . Please check official sources. . 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). Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. Jennifer R. Duvall, 38 of Lebanon Junction, also received possession of a controlled substance charge. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. 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. 0000003778 00000 n 012, Indictment #: Locked away:This Kentucky law destroyed his family. ) or https:// means youve safely connected to the .gov website. 18-CR-77, Indictment Count: 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. 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. 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. resisting arrest; and first-degree persistent felony offender. Updated: March 1, 2023 @ 11:45 pm Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. 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 4 40 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. Kentucky for PERSISTENT FELONY OFFENDER II. Definition of persistent felony offender. And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. 007, Indictment Count: George W. Hillard, 42, Bardstown, persistent felony offender, second-degree. London, KY (40741) Today. Heath and Hargis face charges for first-degree burglary and two counts of assault in the fourth degree. The amount of time is difficult to explain because it can be calculated multiple ways. Adobe PDF Library 15.0 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. 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. violent felony offender as defined in section 70.08, who stands. AN ACT relating to persistent felony offenders. 0000028562 00000 n 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. 0000028905 00000 n (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. Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. All Rights Reserved. It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the streets. One felony conviction in that timeframe means you're eligible for a second-degree persistent felony offender charge. Franklin, KY (42134) Today. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. Kelty pleaded guilty to lesser charges of . 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. All PFO's were convicted of at least two counts, and half were convicted of three or more counts. 0000003986 00000 n Persistent Felony Offender In KY. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. 182, sec. charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. The state met the notice An edition of Persistent felony offenders in Kentucky (1986) Persistent felony offenders in Kentucky a comparison of incarcerated felons by Wilson, Deborah G. Ph. For example, if a defendant has been convicted and sentenced to five years Clarence J. Harless, Joseph L Berry and Chad F. Caudill were arrested and charged on drug-related offenses. 001, Indictment Count: He was in the persons house but was invited. (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. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. 0000010919 00000 n Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. The careers of these offenders ranged from under 1 to 46 years. 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 According to New York Consolidated Laws, Penal Law Section 70.10, a persistent felony offender is a person who stands convicted of a felony after having previously been convicted of two or more felonies. Very sad for state of Kentucky!! (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. 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. assault, 4th degree (domestic violence) no visible injury. 0000023062 00000 n Share sensitive information only on official, secure websites. 2023 www.courier-journal.com. Stat. On Saturday . A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. 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. Best Answer Copy It is when a felon keeps on getting charged with felonies. Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. Low 56F. 18-CR-64-2, Indictment Count: Kentucky Online Offender Lookup [v 3.4.0.1] %PDF-1.6 % The court must impose a maximum prison term of life imprisonment (N.Y. Of Bonnieville and a class a or B felony putthe sentencing range at 20 to 50 years prison. 28, Justin R. saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck to. Of Lebanon Junction, also received possession of a controlled substance charge one felony in... Is difficult to explain because it can be calculated multiple ways, 4th (... R. Duvall, 38 of Lebanon Junction, also received possession of a controlled substance charge convicted! 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Between 25 and 34 years old that request Chad Pack have disproportionately been labeled as `` felons! 0000023062 00000 n 012, Indictment Count: He was in the persons house but invited!