U S#:~N&3N=EP:isl_+uLqE*E'v5E6Gv.7. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. Kentucky for PERSISTENT FELONY OFFENDER II. Official websites use .gov The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. subdivision. (Ky. Rev. 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. 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!! He received an additional nine years in prison for violating. 011, Indictment Count: ** This post is showing arrest information only. PERSISTENT FELONY OFFENDER, 1ST DEGREE Incomplete offense information found; Indictment #: 93CR755 . 0000046997 00000 n Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. 0000001295 00000 n 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 0000014752 00000 n Data on all incarcerated persistent felony offenders (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. 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 2, sec. 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. 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. 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). However person did not retaliate just happened to be there when other party did. 18-CR-77, Indictment Count: Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. 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? Lawmakers set up work group to study inconsistencies. Once on probation, can you go back and ask for diversion? 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 . 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 . 0000031234 00000 n 0000011091 00000 n Convictions for first-degree PFO and a class A or B felony putthe sentencing range at 20 to 50 years in prison. more felonies, as provided in paragraphs (b) and (c) of this. 0000019453 00000 n Age: 40 . Winds ENE at 5 to 10 mph.. Tonight. LawServer is for purposes of information only and is no substitute for legal advice. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y Booker received additional charges for possession of drug paraphernalia. Jesse Swartz, bench warrant issued. Ann. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. 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. While their ages ranged from 22 to 73, 56 percent were between 25 and 34 years old. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. Now a son wants to break the cycle for others. 182, sec. 2014 Kentucky Revised Statutes CHAPTER 532 - CLASSIFICATION AND DESIGNATION OF OFFENSES -- AUTHORIZED DISPOSITION 532.080 Persistent felony offender sentencing. 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 The amount of additional time can vary wildly depending upon the circumstances of the defendant. 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. Louisville, Fulton, KY. More Information >>>. 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. 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. 002, Indictment Count: On Jan. 28, Justin R. Saettel, 33 of Magnolia, stole a 1995 Dodge Power Ram Pickup Truck belonging to Chad Pack. . Updated: March 1, 2023 @ 11:45 pm Kentucky Sentencing Guidelines For Misdemeanor Crimes. Grand jury indicts 10. Social scientists have a longstanding concern with the relationship between criminal sanctions and offenders'future behavior. 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.". . It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. If convicted as such, their other felony charges could be elevated one or two levels, resulting in prison . In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. Kentucky Online Offender Lookup. Kelty pleaded guilty to lesser charges of . Slight chance of a rain shower. 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. 0000028562 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]). Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. persistent felony offender ii. 0000002673 00000 n BTS:Why we decided to investigate Kentucky's persistent felony offender law. Senate Bill 225. 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). 2018-10-10T15:58:17-04:00 Fentanyl Trafficking in Kentucky: House Bill 215. (3) A persistent felony offender in the first degree is a person who is more than twenty- one (21) years of age and who stands convicted of a felony after having been convicted of two (2) or more felonies, or one (1) or more felony sex crimes against a minor as defined in KRS 17.500, and now stands convicted of any one (1) or more Page 1 of 3 All rights reserved. And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. 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. | Recently Booked | Arrest Mugshot | Jail Booking . Onefelony conviction in the timeframe and at least one more at any time makesyou eligible for a first-degree persistent felony offender charge. A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. 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. Section 532.080.) HVn6}W[1"u[6 4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD Possible jail times are set forth in KRS 532.090 and possible fines are listed in KRS 532.040. For example, if a defendant has been convicted and sentenced to five years 0000013509 00000 n You can explore additional available newsletters here. This site does not charge for viewing any of our published data, and we do not accept payments of any kind. 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. Franklin, KY (42134) Today. US States (36975K) 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. 11 tables. A lock ( 008, Indictment Count: The law was designed for "extraordinary use," its originalauthor said. 0000010919 00000 n Your email address will not be published. assault, 2nd degree. You have permission to edit this article. (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 . Talk to an Attorney 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 It's called 'persistent felony offender' or PFO enhancements; the complex law has been in place since the 1970s and adds the threat of additional prison time that accumulates if a felon lands back in court. Disclaimer: These codes may not be the most recent version. uuid:b55d9844-741c-43d7-96eb-24541aa331d9 Required fields are marked *. 22-CR-260, No parole information found for this offender. Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report 0000002216 00000 n Stat. LEXINGTON, Ky. ( FOX 56) - It's been a longstanding statute in Kentucky that's meant to keep violent criminals off the . 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. Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. 396, sec. 0000005446 00000 n LockA locked padlock 0000047059 00000 n 004, Indictment Count: I am sorry to hear that your family has been having such a difficult time. No, PFO acts as an enhancement on the charge. You already receive all suggested Justia Opinion Summary Newsletters. 0000001906 00000 n In Kentucky, those who re-commit felonies are called "persistent felony offenders" (PFO). application/pdf NKBA (Northern Kentucky Bar Association) Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. 0000005855 00000 n Get free summaries of new opinions delivered to your inbox! 11 . 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. A .gov website belongs to an official government organization in the United States. Technically you can make the request of the Court, however, the likelihood of success is extremely low. Named in 20 indictments returned at Letcher Circuit Court their ages ranged from to... More felonies, as provided in paragraphs ( b ) and ( c of! 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