The careers of these offenders ranged from under 1 to 46 years. A .gov website belongs to an official government organization in the United States. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. uuid:e5262e75-1b85-496d-8002-2bf4bba93642 Louisville, Fulton, KY. More Information >>>. There are 3 people being charged with these crimes all the same charges is that possible? 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." It is at the prosecutor's choice to then charge that person with a PFO, also known as a Persistent Felony Charge.. The investigative series drew a link between the law's enhanced sentencing terms to the state's high and growing prison population. 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. But the effort is. 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 009, Indictment Count: For example, if a defendant has been convicted and sentenced to five years Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. 606, sec. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . This Kentucky law destroyed his family. 0000001295 00000 n 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. 0000009680 00000 n Clarence J. Harless, Joseph L Berry and Chad F. Caudill were arrested and charged on drug-related offenses. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y NKBA (Northern Kentucky Bar Association) All three were charged with buying and possessing drug paraphernalia. He received an additional nine years in prison for violating. 0000011091 00000 n Chance of rain 100%. Class B misdemeanors, which carry the least severe penalties, and Class A misdemeanors. trailer <<8620C6E15A864966B8F2053774DC9F6C>]/Prev 126074>> startxref 0 %%EOF 43 0 obj <>stream 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. The court must impose a maximum prison term of life imprisonment (N.Y. Overcast. Once on probation, can you go back and ask for diversion? I am sorry to hear that your family has been having such a difficult time. Slight chance of a rain shower. She was indicted for second-degree assault and persistent felony offender. 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. 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)). PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 18-CR-64-2 <>Crime Date: 11/20/2017 . Additionally, the defendant must have been at least eighteen (18) years of age at the time they were convicted of the prior felony. A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. violent felony offender as defined in section 70.08, who stands. Hillard is a second-degree persistent felony offender having previously been convicted entered on or about June 18, 2021. 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 . Overview of PFO. 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). This is a passive informational site providing organization of public data, obtainable by anyone. subdivision. Joyce, thank you for reaching out. 0000012292 00000 n Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. In 1976, lawmakers greatly expanded it, with huge repercussions on Kentucky's prison populations. more felonies, as provided in paragraphs (b) and (c) of this. Just a question (I am not involved in any of these crimes Im speaking of. (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 However person did not retaliate just happened to be there when other party did. Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. . Technically you can make the request of the Court, however, the likelihood of success is extremely low. . 0000013509 00000 n 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. 45, effective July 12, 2006. 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. ) or https:// means youve safely connected to the .gov website. Now concern is growing among state lawmakers that it's being overused and skyrocketing Kentucky's prison rates. 0000028562 00000 n Your email address will not be published. Now a son wants to break the cycle for others. Kaitlyn Marie Hicks, 29, Lancaster, persistent felony offender, first-degree. BLOG; CATEGORIES. 0000046997 00000 n Thorpe, age 35 of Mayfield KY, was arrested on a warrant for Criminal Possession of a forged instrument 1st degree and persistent felony offender. Section 532.080.) Brent Kelty, 32, was sentenced to 16 years for a manslaughter charge for the death of 4-month-old Landon Mayes, who died of head trauma. 2018-10-10T15:58:17-04:00 application/pdf All three men were placed in the Big . 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. The random sample was broken into two groups: one of first offenders and one of repeat offenders not sentenced as PFO's. 0000000016 00000 n Independent Lens and the Pulitzer Prize-winning Louisville Courier Journal (LCJ) raised awareness of Kentucky's Persistent Felony Offender (PFO) through a collaboration between independent filmmakers and journalists. Second-degree persistent felony offendermoves the sentencing range to the next highest level. 11 . Nicholas Puckett was booked on 2/28/2023 in Lee County, Kentucky. Your email address will not be published. Ann. 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 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. newsletter (Ky. Rev. 18-CR-77, Indictment Count: resisting arrest; and first-degree persistent felony offender. The overall data reflected the fact that the PFO enhancement of sentences is not uniformly applied to all eligible offenders; this allows unfair application of 1974 Act. For repeat offenders, the law adds an additional five to 10 years of imprisonment. ) or https:// means youve safely connected to the .gov website. Persistent Felony Offender II (Harrison Co charge) Trafficking Controlled Substance 1st Carfentanil or Fentanyl Derivatives 2 Counts Trafficking Controlled Substance 1st Methamphetamine (1. Adobe InDesign CC 13.1 (Macintosh) The article presents the results of an impact analysis of Kentucky's Persistent Felony Offender (PFO) Act of 1974. 1. Jesse Swartz, bench warrant issued. Stat. Kentucky Sentencing Guidelines For Misdemeanor Crimes. Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. The data analysis and additional reporting resulted in a three-part series available exclusively to Courier Journal subscribers. 011, Indictment Count: Jackson and others pushing for changesknow there'slittle chance of PFO being scrapped entirely, so they've focused their proposals on narrowing it. Kentucky Online Offender Lookup [v 3.4.0.1] 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. 0000030898 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? 0000017400 00000 n And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. 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. 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. And burglary? 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) . You already receive all suggested Justia Opinion Summary Newsletters. Kentucky Online Offender Lookup. convicted of a felony after having previously been convicted of two or. 18-CR-64-2, Indictment Count: A good friend of mine is.). Ann. 0000003457 00000 n 0000019124 00000 n lex loci - october 2018 They created the category of second-degree persistent felony offender, which meant someone could face the law's harsher punishment after just one conviction. 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. 0000004126 00000 n 004, Indictment Count: 0000003778 00000 n 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Grand jury indicts 10. 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.". All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. Updated: March 1, 2023 @ 11:45 pm assault, 2nd degree. 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 . 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]). Senate Bill 225. 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. uuid:b55d9844-741c-43d7-96eb-24541aa331d9 2011 Ky. Acts ch. 0000005446 00000 n 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. Talk to an Attorney A lock ( 2022 Hurst & Hurst Law, Attorneys and Lawyers in Danville, KY 40422. Data on all incarcerated PFO's and on a 10-percent random sample of other incarcerated felons were collected. ** This post is showing arrest information only. persistent felony offender ii. Very sad for state of Kentucky!! Required fields are marked *. 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. 810 Seventh Street NW, Washington, DC 20531, United States. 0000031234 00000 n Please check official sources. Chad D. Underwood, 46 of Bonnieville and a convicted felon, was found with a Mossberg Maverik 88 pump shotgun. LockA locked padlock 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. Share sensitive information only on official, secure websites. Kentucky Online Offender Lookup [v 3.4.0.1], Copyright 2023 - Kentucky Department of Corrections, Hover your mouse over the question marks (, Indictment #: 0000005855 00000 n 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. (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.