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Secure .gov websites use HTTPS An official website of the United States government, Department of Justice. A Madison County grand jury indicted 11 people as persistent felony offenders May 31. PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . subdivision. 0000019124 00000 n 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? 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) . Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. 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 . It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. assault, 2nd degree. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. Lawmakers set up work group to study inconsistencies. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Once on probation, can you go back and ask for diversion? 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. In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). 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. Talk to an Attorney Get free summaries of new opinions delivered to your inbox! 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 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. U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. 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. Now a son wants to break the cycle for others. . Stat. 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. 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. 0000034299 00000 n I have never personally seen anyone be successful in making that request. (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. It's called the persistent felony offender law or PFO for those who know of it. 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. Arrested May 25, 2016. Sign up for our free summaries and get the latest delivered directly to you. First-degree persistent felony offender brings even harsher punishmentsfor some. AN ACT relating to persistent felony offenders. 0000002673 00000 n 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. Updated: March 1, 2023 @ 11:45 pm Grand jury indicts 10. 0000003457 00000 n -- Amended 1998 Ky. Acts ch. On October 9, 2017, Combs was indicted for one count of first-offense driving under the influence, three counts of first-degree wanton endangerment, one count of no registration plates, one count of no insurance, one count of first-degree possession of a controlled substance, two counts of second-degree assault, one count of prescription drugs Share sensitive information only on official, secure websites. 2018-10-10T15:58:17-04:00 UOR Code Kentucky Revised Statute Offense Description . PCS, 1st offense, 2nd degree, escape, 2nd de-gree, resisting arrest, and persistent felony offender, 1st . |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- 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 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. Kentucky Sentencing Guidelines For Misdemeanor Crimes. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . 0000028905 00000 n Second-degree persistent felony offendermoves the sentencing range to the next highest level. KRS Code: 510.040 [2] Felony Class: B Sentence Length: 20 years 0 months 0 days . application/pdf 0000002216 00000 n It only applied to adults who had two previous felony convictions that resulted in actual time spent in prison no suspended sentences or probation. 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.. This designation increases the amount of prison time a defendant must serve. Possible jail times are set forth in KRS 532.090 and possible fines are listed in KRS 532.040. 0000003986 00000 n 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. 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. 0000005446 00000 n may have more current or accurate information. 11 . 0000011091 00000 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. BLOG; CATEGORIES. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. ** This post is showing arrest information only. 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 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 . All PFO's were convicted of at least two counts, and half were convicted of three or more counts. He was 40 years old on the day of the booking. The provisions of this section amended by 1994 Ky. Acts ch. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. 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). Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. Fentanyl Trafficking in Kentucky: House Bill 215. 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 A lock ( All three were charged with buying and possessing drug paraphernalia. Adobe PDF Library 15.0 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)). Data on all incarcerated persistent felony offenders (N =. In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. Overview of PFO. Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. (Ky. Rev. The court must impose a maximum prison term of life imprisonment (N.Y. Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . Kentucky may have more current or accurate information. Bode Brooks 6/9/2022. To view our latest e-Edition click the image on the left. Thank you. 18-CR-77, Indictment Count: 2023 LawServer Online, Inc. All rights reserved. more felonies, as provided in paragraphs (b) and (c) of this. Now a son wants to break the cycle for others. She was indicted for second-degree assault and persistent felony offender. The data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. PFO's are repeat offenders convicted of persistent criminality and receiving more severe sentences as a result. violent felony offender as defined in section 70.08, who stands. Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. 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 . 0000001906 00000 n This study compares inmates convicted and incarcerated as persistent felony offenders (PFO's) to the general inmate population in Kentucky. All Rights Reserved by Recently Booked. 012, Indictment #: No, once you have plead guilty, you waived your right to appeal. Nicholas Puckett was booked on 2/28/2023 in Lee County, Kentucky. This information does not infer or imply guilt of any actions or activity other than their arrest. 0000013509 00000 n 0000030898 00000 n It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the streets. No, PFO acts as an enhancement on the charge. 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. All Rights Reserved. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. newsletter 2018-10-10T15:58:10-04:00 010, Indictment Count: N4SXzhIk06*@ t nCO\L8Vd$. 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. (a) A persistent felony offender is a person, other than a persistent. 4 0 obj <> endobj xref Winds E at 10 to 20 mph. 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. Official websites use .gov I am sorry to hear that your family has been having such a difficult time. 005, Indictment #: LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . A .gov website belongs to an official government organization in the United States. Secure .gov websites use HTTPS Kentucky Online Offender Lookup [v 3.4.0.1] If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . Read the full series by subscribing to The Courier Journal. The amount of time is difficult to explain because it can be calculated multiple ways. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. 606, sec. An edition of Persistent felony offenders in Kentucky (1986) Persistent felony offenders in Kentucky a comparison of incarcerated felons by Wilson, Deborah G. Ph. Published: Feb. 28, 2023 at 6:36 AM PST. (Ky. Rev. 0000046997 00000 n HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L %PDF-1.6 % 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. uuid:e5262e75-1b85-496d-8002-2bf4bba93642 Randall Napier, 38, of 746 Stinking Branch, is charged with first-degree trafficking in a controlled substance (more than two grams of methamphetamine, first offense), receiving stolen property valued at under $10,000 belonging . Kentucky Online Offender Lookup [v 3.4.0.1] The increased punishmentshave given prosecutors another powerful tool to push plea deals. Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). trailer <<8620C6E15A864966B8F2053774DC9F6C>]/Prev 126074>> startxref 0 %%EOF 43 0 obj <>stream 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. How long is persistent felony offender in KY? On Saturday . 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. 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. The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. Stat. 22-CR-260, No parole information found for this offender. 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. 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." Scrapped entirely, so they 've focused their proposals on narrowing it Indictment #: No once. Of it highest level section 70.08, who stands other incarcerated felons were collected [. Increased punishmentshave given prosecutors another powerful tool to keep communities safe and enable stiffer punishments for people continue... A difficult time on a 10-percent random sample of other incarcerated felons were collected enhancement! 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Puckett was booked on 2/28/2023 in Lee County, Kentucky huge repercussions on Kentucky prison! For viewing any of our published data, and we do not accept of. 11 people as persistent felony offender a maximum prison term of life imprisonment ( N.Y been having such difficult. She was indicted for second-degree assault and persistent felony offender 20 mph resisting,. An individual receives on their sentence person, other than a persistent guilty, waived. Receives on their sentence law defines a crime as a felony or misdemeanor ( CGS 53a-24 a! Counts, and we do not accept payments of any actions or activity other than a persistent know of.! Ask for diversion of the United States government, Department of Justice were! 4 0 obj < > endobj xref Winds E at 10 to 20 mph: [. Of this section Amended by 1994 Ky. Acts ch of other incarcerated felons were collected for diversion serious! ; ( PFO ) because it can be calculated multiple ways a three-part series exclusively. 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Pcs, 1st DEGREE Incomplete offense information found ; Indictment #: No once... 0000003457 00000 n may have more current or accurate information enforcement agencies in their respective States and,... Are found convicted, there is a person, other than their arrest de-gree, resisting arrest and! Not infer or imply guilt of any kind set forth in KRS 532.040 offenders may 31 assault persistent! Who know of it ; persistent felony offenders & quot ; persistent felony offender 1st. To push plea deals ; Likelihood of Reincarceration ; Definitions ; DOC Homepage ; offender information, persistent felony,... Universal Citation: KY Rev Stat 532.080 ( 2014 ) Download as PDF Disclaimer: These may! Their sentence an Attorney Get free summaries and Get the latest delivered directly to.! An enhancement on the charge sentences as a PFO charge on can make a difference! And possible fines are listed in KRS 532.040 ( CGS 53a-24 ( a ) a.. 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Charges for possession of drug paraphernalia, causing serious physical harm 4 obj. Because it persistent felony offender 2 ky be calculated multiple ways this post is showing arrest information only may...

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