2023 LawServer Online, Inc. All rights reserved. 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. (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. 0000046997 00000 n A chart is provided to show the classifications of persistent felony offenders and related sentences with parole eligibility. Kentucky, Laurel County, BAKER, JOSEPH R - 2023-02-28 16:05:00 mugshot, arrest, booking report Fentanyl Trafficking in Kentucky: House Bill 215. Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. Hillard is a second-degree persistent felony offender having previously been convicted entered on or about June 18, 2021. Share sensitive information only on official, secure websites. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. Clarence J. Harless, Joseph L Berry and Chad F. Caudill were arrested and charged on drug-related offenses. How long is persistent felony offender in KY? 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. (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 . Sign up for our free summaries and get the latest delivered directly to you. It's called the persistent felony offender law or PFO for those who know of it. 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 . 0000034669 00000 n You already receive all suggested Justia Opinion Summary Newsletters. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. 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. Now a son wants to break the cycle for others. First-degree persistent felony offender brings even harsher punishmentsfor some. 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 45, effective July 12, 2006. uuid:e5262e75-1b85-496d-8002-2bf4bba93642 Required fields are marked *. Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. 0000011091 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. (Ky. Rev. You can explore additional available newsletters here. 0000004126 00000 n Read the full series by subscribing to The Courier Journal. 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. 4 40 Overview of PFO. . 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. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. Johnathan Dixon, passed to 2/24 to enter plea. Avoiding this additional sentencing after you are convicted of a qualifying felony is not realistically possible if you meet the criteria laid out in the Persistent Felony Offender statute. 396, sec. 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 Chance of rain 100%. AN ACT relating to persistent felony offenders. 2018-10-10T15:58:17-04:00 . 0000023062 00000 n I have never personally seen anyone be successful in making that request. 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. For example, if a defendant has been convicted and sentenced to five years Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. He received an additional nine years in prison for violating. 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. 0000010919 00000 n A Madison County grand jury indicted 11 people as persistent felony offenders May 31. Louisville, Fulton, KY. More Information >>>. All three men were placed in the Big . I am sorry to hear that your family has been having such a difficult time. %PDF-1.6 % 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. Ann. Overcast. 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. Universal Citation: KY Rev Stat 532.080 (2014) Download as PDF Disclaimer: These codes may not be the most recent version. | Recently Booked | Arrest Mugshot | Jail Booking . (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. 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. 4 0 obj <> endobj xref 0000003986 00000 n Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: All rights reserved. This Kentucky law destroyed his family. Locally heavy rainfall possible. 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. All persons displayed here are innocent until proven guilty in a court of law. The increased punishmentshave given prosecutors another powerful tool to push plea deals. This designation increases the amount of prison time a defendant must serve. News / Jun 9, 2022 / 06:33 PM EDT. |;1O,?]0v_]?3\rUn_7=3}0XtTSF2fCz\+~fTLb(6#mZ- %PDF-1.6 % Kentucky may have more current or accurate information. 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. convicted of a felony after having previously been convicted of two or. Motion to revoke probation. 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. Yorek's crime met the definition of a felony, and Yorek fell squarely within the persistent felony offender statute. 0000012292 00000 n 0000001295 00000 n In case you missed it, PBS' Emmy Award-winning documentary series Independent Lens and the Pulitzer Prize-Winning Courier Journal have launched a multimedia investigative series looking at Kentucky's Persistent Felony Offender (PFO) laws.The series hopes to use the power of journalism and filmmaking to examine the past present and what is to come for the Kentucky PFO law. 0000028905 00000 n 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). Persistent Felony Offender In KY. Please check official sources. 0000003457 00000 n 0000002216 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. Official websites use .gov BTS:Why we decided to investigate Kentucky's persistent felony offender law. Booking Date: 2/28/2023 4:37:00 PM. Ann. assault, 2nd degree. 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. The law was designed for "extraordinary use," its originalauthor said. Tool to keep communities safe and enable stiffer punishments for people arrested charged! 2/24 to enter plea second-degree persistent felony offender Statute standard felony guidelines contained in Kentucky Revised 532.060... 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