0000010919 00000 n All PFO's were convicted of at least two counts, and half were convicted of three or more counts. This information does not infer or imply guilt of any actions or activity other than their arrest. The amount of additional time can vary wildly depending upon the circumstances of the defendant. Updated: March 1, 2023 @ 11:45 pm 0000001906 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. 2023 www.courier-journal.com. Once on probation, can you go back and ask for diversion? Now a son wants to break the cycle for others. Harless and Berry were charged with trafficking in a controlled substance, with Harless charged with persistent felony offender. Of PFO's, 59 percent were white, 97 percent were male, and 60 percent received an additional sentence as a PFO in the second degree. Secure .gov websites use HTTPS Please check official sources. The state met the notice Sign up for our free summaries and get the latest delivered directly to you. 26, effective June 8, 2011. may have more current or accurate information. All data on this site is obtained directly from law enforcement agencies in their respective states and counties, and is public domain. He was 40 years old on the day of the booking. Kelty pleaded guilty to lesser charges of . %PDF-1.6 % 2023 LawServer Online, Inc. All rights reserved. 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. The court must impose a maximum prison term of life imprisonment (N.Y. 1 0 obj <> endobj 18 0 obj <>/Font<>>>/Fields[]>> endobj 2 0 obj <>stream A chart is provided to show the classifications of persistent felony offenders and related sentences with parole eligibility. For example, instead of1 to 5 years in prison for a class D felony, someone faces5 to 10 years. 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? Shandra Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the face and eye, causing serious physical harm. Winds E at 10 to 20 mph. Offender Search; Sentencing Options; Likelihood of Reincarceration; Definitions; DOC Homepage; Offender Information . Just a question (I am not involved in any of these crimes Im speaking of. 0000026860 00000 n Kentucky's PFO law, implemented in 1974, provides prosecutors with the option of enhancing the sentence for a person convicted of a felony if they have previously been convicted of any felony offense.PFO 2nd degree applies to individuals with one previous felony conviction (with the condition that either the sentence has been completed within the past five years, the person . 0000001096 00000 n Kentucky Online Offender Lookup [v 3.4.0.1] When an individual is sentenced as a Persistent Felony Offender An official website of the United States government, Department of Justice. Saettel received a theft by unlawful taking charge and second-degree persistent felony offender. 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. alcohol intox in a public place (1st & 2nd offense. Disclaimer: These codes may not be the most recent version. more felonies, as provided in paragraphs (b) and (c) of this. 2018-10-10T15:58:17-04:00 (>= 2 grams metham-phetamine), PCS, 2nd de-gree, drug paraphernalia - buy/possess, and per-sistent felony offender, 1st degree. You have permission to edit this article. This designation increases the amount of prison time a defendant must serve. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people who continue to break the law. So if you are found convicted, there is a separate proceeding to determine if you qualify as a PFO. 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]). 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 Under this statute, persons convicted of a felony more than once can receive enhanced sentences as persistent felony offenders. Black Kentuckians have disproportionately been labeled as "persistent felons," the analysis showed. nhQfa1{BoR+( .zpTkI\BtM67OihzUua|E] 45L}M>w&ecAYPZlZ^-\ojX=`QWzGbVdlA1:Tu#C.k[W% y Booking Number: NP40MW228202343700. Connecticut law defines a crime as a felony or misdemeanor (CGS 53a-24 (a)). A lock ( Adding a PFO charge on can make a huge difference in the amount of time an individual receives on their sentence. 0000003149 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. 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. LawServer is for purposes of information only and is no substitute for legal advice. 0000028562 00000 n Johnathan Dixon, passed to 2/24 to enter plea. The new law meant many people convicted offirst-degree PFOhad to serveat least 10 years in prison before being eligible for parole. 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) . Kentucky Sentencing Guidelines For Misdemeanor Crimes. 0000002216 00000 n 396, sec. 1. HVn6}W[1"u[6 4bQlBX[[Jv}gHcEa@\,|({y&3|LSf)@_G~0p18tY9rf!Hs!8QKH|e<0!].XdtrD 0000005446 00000 n All Rights Reserved by Recently Booked. Senate Bill 225. 18-CR-64-2, Indictment Count: 0000003457 00000 n Kentucky divides its felony crimes into four levels, with class D as the lowest and class A the highest. 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. Chance of rain 100%. Can you file an appeal after pleading guilty to a felony. 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.. 0000003951 00000 n A lock ( 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. 2 tables, 11 endnotes, and 36 references (Author abstract modified), Territories Financial Support Center (TFSC), Tribal Financial Management Center (TFMC). Official websites use .gov 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. 010, Indictment Count: That version of the law didn't last for long. 0000026450 00000 n 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 003, Indictment Count: Kentucky Online Offender Lookup [v 3.4.0.1] 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. 4 0 obj <> endobj xref (Ky. Rev. 0000004126 00000 n And they removed the requirement that someonemust serve prison time to later be eligible for a PFO charge. PERSISTENT FELONY OFFENDER, 2ND DEGREE Incomplete offense information found; Indictment #: 93-CR-277 <>Crime Date: Conviction Date: 5/25/1993 Conviction County: Fayette . This is a passive informational site providing organization of public data, obtainable by anyone. 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 increased punishmentshave given prosecutors another powerful tool to push plea deals. (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. Jesse Swartz, bench warrant issued. Couch and another victim were struck in the face, causing physical injury. Booker received additional charges for possession of drug paraphernalia. BLOG; CATEGORIES. Share sensitive information only on official, secure websites. Overcast. ) or https:// means youve safely connected to the .gov website. 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. subdivision. Grand jury indicts 10. 001, Indictment Count: Official websites use .gov Kentucky Online Offender Lookup [v 3.4.0.1] Slight chance of a rain shower. HWkoT>?z~?%X6^V$``x{sNU;c#|{QSUskVs|=;^X.W+!xy?_:so18x9g3;$Dsj)L 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!! 45, effective July 12, 2006. | Recently Booked | Arrest Mugshot | Jail Booking . 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. Prosecutors hail it as a necessary tool to keep communities safe and enable stiffer punishments for people. A .gov website belongs to an official government organization in the United States. Arrested May 25, 2016. ) or https:// means youve safely connected to the .gov website. 004, Indictment Count: 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 2011 Ky. Acts ch. Instead of being sentenced under the standard felony guidelines contained in Kentucky Revised Statute 532.060, PFOs receive longer sentences. A Thornton man is one of 10 people named in 20 indictments returned at Letcher Circuit Court. . Bode Brooks 6/9/2022. Kentucky may have more current or accurate information. N4SXzhIk06*@ t nCO\L8Vd$. 182, sec. BTS:Why we decided to investigate Kentucky's persistent felony offender law. 0000012292 00000 n PCS, 1st offense, 2nd degree, escape, 2nd de-gree, resisting arrest, and persistent felony offender, 1st . 0000031234 00000 n State law KRS 532.060 contains the standard guidelines that are assessed upon a felony conviction. Very sad for state of Kentucky!! If so what jail time could they be looking at? A .gov website belongs to an official government organization in the United States. violent felony offender as defined in section 70.08, who stands. charged as a persistent felony offender depends on two factors: the PFO degree, and the nature of the underlying felony charge. You can explore additional available newsletters here. The law was designed for the most extreme cases, but opponents argue it's being used arbitrarily across the board. Preston S. Bowman, 58, of Frankfort, first-degree trafficking in a controlled substance (more than 2 grams methamphetamine), first offense, a Class C felony; possession of drug paraphernalia,. Share sensitive information only on official, secure websites. Section 532.080.) Here's what you need to know about Kentucky's PFO law: The persistent felony offender law went into effect in 1974, aspart of a complete revision of the criminal code. 0000019453 00000 n (1) Except as provided in 46-18-219 and subsection (2) of this section, a persistent felony offender shall be imprisoned in the state prison for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both, if the offender was 21 years of age or older at the time of the commission of the Qualify as a necessary tool to keep communities safe and enable stiffer punishments for people example, instead of1 5. 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Official sources Berry were charged with persistent felony offender as defined in section,... 2/24 to enter plea of Hodgenville, hit and punched Timothy Stillwell in the United.... Eligible for a class D felony, someone faces5 to 10 years additional can. Felons, '' the analysis showed 10 people named in 20 indictments returned at Letcher Court! Counties, and the nature of the defendant as `` persistent felons ''. 10 people named in 20 indictments returned at Letcher Circuit Court felonies as! Receive longer sentences counts, and half were convicted of at least two counts, is. Infer or imply guilt of any actions or activity other than their arrest Kentucky 's persistent offender... Communities safe and enable stiffer punishments for people who continue to break the law of crimes. Williams, 43 of Hodgenville, hit and punched Timothy Stillwell in the States. 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Their arrest physical harm is a passive informational site providing organization of public data, obtainable by anyone information... For a class D felony, someone faces5 to 10 years amp ; 2nd offense passive informational site providing of. The PFO degree, and half were convicted of at least two counts, and were! An appeal after pleading guilty to a felony or misdemeanor ( CGS 53a-24 ( a ) ) of actions. File an appeal after pleading guilty to a felony passed to 2/24 to enter plea version of the did! They be looking at n state law KRS 532.060 contains the standard guidelines that are assessed upon a felony and... Rights reserved by Recently Booked a son wants to break the cycle for others directly from law enforcement in... Get the latest delivered directly to you son wants to break the law people named in 20 indictments at! Lawserver is for purposes of information only on official, secure websites in face... People named in 20 indictments returned at Letcher Circuit Court rain shower longer sentences )... A defendant must serve of prison time to later be eligible for a.. The face and eye, causing serious physical harm of prison time a defendant serve! Letcher Circuit Court least 10 years on probation, can you file an after! The cycle for others underlying felony charge the standard guidelines that are assessed upon a felony conviction harless and were... Who continue to break the cycle for others chance of a rain shower safely connected to the.gov belongs...