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Reporter Jonathan Bullington

Reporter Jonathan Bullington

Jonathan Bullington, an investigative reporter with the Louisville Courier Journal, talks about the outsized mass incarceration rates in Kentucky and an analysis of 43 years of persistent felony offender cases by Courier Journal investigative reporters and the Vera Institute of Justice linking jail and prison overcrowding to Kentucky's Persistent Felony Offender (PFO) law.
Season 17 Episode 20 Length 28:07 Premiere: 2/27/22

ARTICLE

Courier-Journal Reporter Discusses Reforming Kentucky's Persistent Felony Offender Law

Despite a range of criminal justice reform initiatives, Kentucky still has one of the highest incarceration rates in the world, and the state’s bulging prison population costs taxpayers some $500 million a year.

According to a recent Louisville Courier-Journal investigation, Kentucky’s persistent felony offender (PFO) law is a key factor driving incarceration in the commonwealth. This decades-old law has locked up thousands of Kentuckians for years beyond what their crimes might warrant, and disproportionately impacted Black defendants.

Jonathan Bullington was part of a team at the newspaper that partnered with the Vera Institute of Justice and the PBS program Independent Lens to review 140,000 PFO cases in the state from the past 43 years to learn how the law has been used in ways its authors did not intend.

The Evolution of PFO

In the early 1970s, Kentucky lawmakers decided to rewrite the commonwealth’s aging criminal code and update its existing habitual offender law. They asked University of Kentucky College of Law Professor Robert Lawson to draft new penal codes and rules of evidence for the state.

As part of the process, Bullington says Lawson created a persistent felony offender law that essentially doubled prison sentences upon an offender’s third felony conviction. The original law stated that the person had to have served their sentences for the two prior convictions. If they had a suspended sentence in either of the previous cases, the PFO law would not apply.

Lawson’s version of PFO went on the books in 1975. But within two years, lawmakers had rewritten the statute. Bullington says the updated law required only one previous felony conviction for PFO status to apply. Those charged under the updated law could face a 10-year prison term instead of a five-year sentence after just one previous conviction. Legislators also eliminated the requirement that the offender had to actually serve time for their earlier crimes.

The new law combined with the war on drugs and tough on crime policies of the 1980s drove a surge in incarceration in the commonwealth. For example, Bullington says in 1988 Kentucky only had 60 people imprisoned under PFO status. Four years later, that number jumped to 1,100. Now he says one out of every six inmates in the state has a PFO charge, and about 75 percent of them are accused of low-level felonies like property crimes and drug possession.

“A lot of states have versions of these sorts of laws that punish people for past crimes, that take into account the criminal history of a person when sentencing,” says Bullington. “What makes Kentucky’s unique is that to be considered a ‘persistent felon,’ you really only have to have one prior felony offense on your record within a certain amount of time.”

Lobbying for a Change to PFO

Marcus Jackson is a prime example of the punitive impacts of the current PFO law. The Paducah man received a 10-year sentence for marijuana possession because of a prior conviction in a shooting incident (a crime for which Jackson claims to be innocent). Bullington says Jackson’s father and brother have also been imprisoned on PFO charges, and now his son could face similar charges.

“Incarceration is a generational curse, as some have called it, and the use of PFO is no different,” says Bullington.

In an Independent Lens segment on the issue [LINK: https://youtu.be/obDI-kxXbvE], Jackson explains the impacts of losing 10 years of his life to a law that he says needs to be changed.

“I love Kentucky, but we have some backwards laws in this state and this PFO law is among the worst,” says he says.

Jackson now works for the ACLU of Kentucky and is lobbying the state legislature to change the PFO statute. Bullington says Jackson proposes allowing juries to opt out of PFO-enhanced punishments and to limit its use against offenders charged with the lowest level, non-violent Class D felonies.

“They labeled me a persistent offender,” says Jackson. “I can’t do anything about that now, but what I can do is show them what it actually means to be persistent, I won’t stop until this horrible law goes away and stops destroying families.”

In the Independent Lens clip, Jackson meets with state Rep. Nima Kulkarni (D-Louisville) about his proposed legislation. The Louisville Democrat says just getting the legislation heard in committee will be a challenge.

“There’s a whole system that makes a lot of people a lot of money,” says Kulkarni. “Now you’re talking about some bottom lines and budgets, and so that’s where all of that opposition is going to come from.”

Impacts Reach Far and Wide

The Courier-Journal’s investigation found that in 2020, Kentucky’s violent crime rate was less than half of what it was in 1992, yet PFO cases tripled during that time. Bullington says of the 140,000 cases they studied, 80,000 people were convicted as PFOs. Another 50,000 had potential PFO charges dropped because the defendants were willing to plead guilty to their charges.

“So in a massive amount of these cases, people are having their PFO cases dismissed upon a guilty plea, which is a very strong indicator that the law is being used as a really powerful negotiation tool,” says Bullington.

Bullington acknowledges that it’s difficult for lawmakers to balance punishment versus rehabilitation as well as public safety with the harms of incarceration. He points to the example of Jackson’s father, who became addicted to painkillers after he was injured on the job as an employee of the city of Paducah. Jackson’s father then started to sell drugs to support his own addiction. Yet Bullington says the law treated him as if he was a drug trafficker selling mass quantities through an illicit network of suppliers.

“Somebody who has a drug addiction and is selling drugs to feed a habit, do we need to put them behind bars and keep them there for longer?” says Bullington. “Is that the best way to get them the help they so clearly need?”

The project also found that Black offenders are three and a half times more likely to face PFO charges than white offenders. Jackson says he thinks the courts don’t give the same considerations to the impacts of long sentences on Black families as they do white families.

Bullington says he hopes his team’s reporting will encourage lawmakers to discuss the PFO law and how it affects the commonwealth.

“Every year that somebody is behind bars, the effects of that, the ripple of that, are devastating, and it’s not just that individual or their family. It’s extended family, it’s friends, it’s communities,” says Bullington. “The effects really extend far and wide.”

By: John Gregory

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  • Thursday June 16, 2022 9:30 pm CT on KETKY
  • Thursday June 16, 2022 2:09 pm ET on KETKY
  • Thursday June 16, 2022 1:09 pm CT on KETKY
  • Thursday June 16, 2022 5:30 am ET on KETKY
  • Thursday June 16, 2022 4:30 am CT on KETKY

Jeff Hawkins and Robert Brown - S12 E45

  • Wednesday June 15, 2022 10:30 pm ET on KETKY
  • Wednesday June 15, 2022 9:30 pm CT on KETKY
  • Wednesday June 15, 2022 2:00 pm ET on KETKY
  • Wednesday June 15, 2022 1:00 pm CT on KETKY
  • Wednesday June 15, 2022 5:30 am ET on KETKY
  • Wednesday June 15, 2022 4:30 am CT on KETKY

Sec. Vickie Yates Brown Glisson - S12 E44

  • Tuesday June 14, 2022 10:30 pm ET on KETKY
  • Tuesday June 14, 2022 9:30 pm CT on KETKY
  • Tuesday June 14, 2022 2:00 pm ET on KETKY
  • Tuesday June 14, 2022 1:00 pm CT on KETKY
  • Tuesday June 14, 2022 5:30 am ET on KETKY
  • Tuesday June 14, 2022 4:30 am CT on KETKY

Kayla Rae Whitaker - S12 E41

  • Monday June 13, 2022 10:30 pm ET on KETKY
  • Monday June 13, 2022 9:30 pm CT on KETKY
  • Monday June 13, 2022 2:00 pm ET on KETKY
  • Monday June 13, 2022 1:00 pm CT on KETKY
  • Monday June 13, 2022 5:30 am ET on KETKY
  • Monday June 13, 2022 4:30 am CT on KETKY

Delanor Manson - Kentucky Nurses Association - S17 E36

  • Sunday June 19, 2022 8:00 am ET on KETKY
  • Sunday June 19, 2022 7:00 am CT on KETKY
  • Saturday June 18, 2022 4:30 pm ET on KETKY
  • Saturday June 18, 2022 3:30 pm CT on KETKY
  • Sunday June 12, 2022 6:00 pm ET on KET2
  • Sunday June 12, 2022 5:00 pm CT on KET2
  • Sunday June 12, 2022 4:30 pm ET on KETKY
  • Sunday June 12, 2022 3:30 pm CT on KETKY
  • Sunday June 12, 2022 12:00 pm ET on KET
  • Sunday June 12, 2022 11:00 am CT on KET

Walter Gilliam - S12 E40

  • Friday June 10, 2022 10:30 pm ET on KETKY
  • Friday June 10, 2022 9:30 pm CT on KETKY
  • Friday June 10, 2022 2:00 pm ET on KETKY
  • Friday June 10, 2022 1:00 pm CT on KETKY
  • Friday June 10, 2022 5:30 am ET on KETKY
  • Friday June 10, 2022 4:30 am CT on KETKY

Leadership - Marian Guinn and Lisa Williams; Colene Elridge - S12 E38

  • Thursday June 9, 2022 10:30 pm ET on KETKY
  • Thursday June 9, 2022 9:30 pm CT on KETKY
  • Thursday June 9, 2022 5:30 am ET on KETKY
  • Thursday June 9, 2022 4:30 am CT on KETKY

Patricia Peacock - S12 E30

  • Wednesday June 8, 2022 10:30 pm ET on KETKY
  • Wednesday June 8, 2022 9:30 pm CT on KETKY
  • Wednesday June 8, 2022 2:00 pm ET on KETKY
  • Wednesday June 8, 2022 1:00 pm CT on KETKY
  • Wednesday June 8, 2022 5:30 am ET on KETKY
  • Wednesday June 8, 2022 4:30 am CT on KETKY

Cory Jewell Jensen - S12 E18

  • Tuesday June 7, 2022 10:30 pm ET on KETKY
  • Tuesday June 7, 2022 9:30 pm CT on KETKY
  • Tuesday June 7, 2022 2:00 pm ET on KETKY
  • Tuesday June 7, 2022 1:00 pm CT on KETKY
  • Tuesday June 7, 2022 5:30 am ET on KETKY
  • Tuesday June 7, 2022 4:30 am CT on KETKY

David Thompson - S12 E11

  • Monday June 6, 2022 10:30 pm ET on KETKY
  • Monday June 6, 2022 9:30 pm CT on KETKY
  • Monday June 6, 2022 2:00 pm ET on KETKY
  • Monday June 6, 2022 1:00 pm CT on KETKY
  • Monday June 6, 2022 5:30 am ET on KETKY
  • Monday June 6, 2022 4:30 am CT on KETKY

School Safety in Kentucky - S17 E35

  • Sunday June 12, 2022 8:00 am ET on KETKY
  • Sunday June 12, 2022 7:00 am CT on KETKY
  • Saturday June 11, 2022 4:28 pm ET on KETKY
  • Saturday June 11, 2022 3:28 pm CT on KETKY
  • Sunday June 5, 2022 6:00 pm ET on KET2
  • Sunday June 5, 2022 5:00 pm CT on KET2
  • Sunday June 5, 2022 4:28 pm ET on KETKY
  • Sunday June 5, 2022 3:28 pm CT on KETKY
  • Sunday June 5, 2022 11:58 am ET on KET
  • Sunday June 5, 2022 10:58 am CT on KET

Mitzi Sinnott - S12 E3

  • Friday June 3, 2022 10:30 pm ET on KETKY
  • Friday June 3, 2022 9:30 pm CT on KETKY
  • Friday June 3, 2022 2:00 pm ET on KETKY
  • Friday June 3, 2022 1:00 pm CT on KETKY
  • Friday June 3, 2022 5:30 am ET on KETKY
  • Friday June 3, 2022 4:30 am CT on KETKY

FDA Commissioner Dr. Robert Califf - S12 E2

  • Thursday June 2, 2022 10:30 pm ET on KETKY
  • Thursday June 2, 2022 9:30 pm CT on KETKY
  • Thursday June 2, 2022 2:02 pm ET on KETKY
  • Thursday June 2, 2022 1:02 pm CT on KETKY
  • Thursday June 2, 2022 5:30 am ET on KETKY
  • Thursday June 2, 2022 4:30 am CT on KETKY

Phil Wilkins - S11 E43

  • Wednesday June 1, 2022 10:30 pm ET on KETKY
  • Wednesday June 1, 2022 9:30 pm CT on KETKY
  • Wednesday June 1, 2022 2:00 pm ET on KETKY
  • Wednesday June 1, 2022 1:00 pm CT on KETKY
  • Wednesday June 1, 2022 5:30 am ET on KETKY
  • Wednesday June 1, 2022 4:30 am CT on KETKY

Tameka Montgomery - S11 E42

  • Tuesday May 31, 2022 10:30 pm ET on KETKY
  • Tuesday May 31, 2022 9:30 pm CT on KETKY
  • Tuesday May 31, 2022 2:00 pm ET on KETKY
  • Tuesday May 31, 2022 1:00 pm CT on KETKY
  • Tuesday May 31, 2022 5:30 am ET on KETKY
  • Tuesday May 31, 2022 4:30 am CT on KETKY

Dominique Wilkins - S11 E41

  • Monday May 30, 2022 5:30 am ET on KETKY
  • Monday May 30, 2022 4:30 am CT on KETKY

Gun Control Advocate Whitney Austin - S17 E34

  • Sunday June 5, 2022 8:00 am ET on KETKY
  • Sunday June 5, 2022 7:00 am CT on KETKY
  • Saturday June 4, 2022 4:30 pm ET on KETKY
  • Saturday June 4, 2022 3:30 pm CT on KETKY
  • Sunday May 29, 2022 6:00 pm ET on KET2
  • Sunday May 29, 2022 5:00 pm CT on KET2
  • Sunday May 29, 2022 4:30 pm ET on KETKY
  • Sunday May 29, 2022 3:30 pm CT on KETKY
  • Sunday May 29, 2022 12:00 pm ET on KET
  • Sunday May 29, 2022 11:00 am CT on KET

Ben Chandler - Foundation for a Healthy Kentucky - S17 E33

  • Sunday May 29, 2022 8:00 am ET on KETKY
  • Sunday May 29, 2022 7:00 am CT on KETKY
  • Saturday May 28, 2022 4:30 pm ET on KETKY
  • Saturday May 28, 2022 3:30 pm CT on KETKY
  • Wednesday May 25, 2022 11:30 pm ET on KET
  • Wednesday May 25, 2022 10:30 pm CT on KET
  • Wednesday May 25, 2022 6:00 pm ET on KET
  • Wednesday May 25, 2022 5:00 pm CT on KET

Gary Tuggle - S11 E40

  • Friday May 27, 2022 10:30 pm ET on KETKY
  • Friday May 27, 2022 9:30 pm CT on KETKY
  • Friday May 27, 2022 2:00 pm ET on KETKY
  • Friday May 27, 2022 1:00 pm CT on KETKY
  • Friday May 27, 2022 5:30 am ET on KETKY
  • Friday May 27, 2022 4:30 am CT on KETKY

Dr. Leana Wen - S11 E39

  • Thursday May 26, 2022 10:30 pm ET on KETKY
  • Thursday May 26, 2022 9:30 pm CT on KETKY
  • Thursday May 26, 2022 2:00 pm ET on KETKY
  • Thursday May 26, 2022 1:00 pm CT on KETKY
  • Thursday May 26, 2022 5:30 am ET on KETKY
  • Thursday May 26, 2022 4:30 am CT on KETKY

Terrence Walton - S11 E38

  • Wednesday May 25, 2022 10:30 pm ET on KETKY
  • Wednesday May 25, 2022 9:30 pm CT on KETKY
  • Wednesday May 25, 2022 2:00 pm ET on KETKY
  • Wednesday May 25, 2022 1:00 pm CT on KETKY
  • Wednesday May 25, 2022 5:30 am ET on KETKY
  • Wednesday May 25, 2022 4:30 am CT on KETKY

U.S. Agriculture Secretary Tom Vilsack - S11 E37

  • Tuesday May 24, 2022 10:30 pm ET on KETKY
  • Tuesday May 24, 2022 9:30 pm CT on KETKY
Top

Season 17 Episodes

Fatherhood; Financial Literacy
S17 E32 Length 28:01 Premiere Date 6/21/22

Engaging Fathers; Improving Financial Literacy
S17 E31 Length 28:01 Premiere Date 6/19/22

Delanor Manson - Kentucky Nurses Association
S17 E30 Length 27:26 Premiere Date 6/12/22

School Safety in Kentucky
S17 E29 Length 29:06 Premiere Date 6/5/22

Gun Safety Advocate Whitney Austin
S17 E28 Length 27:32 Premiere Date 5/29/22

Ben Chandler - Foundation for a Healthy Kentucky
S17 E27 Length 27:51 Premiere Date 5/22/22

Advancing Mental Health Awareness in Kentucky
S17 E26 Length 27:01 Premiere Date 5/15/22

Kentucky Secretary of State Michael Adams
S17 E25 Length 27:36 Premiere Date 5/8/22

Brigitte Blom - Prichard Committee for Academic Excellence
S17 E24 Length 28:02 Premiere Date 5/1/22

Jill Seyfred - Prevent Child Abuse Kentucky
S17 E23 Length 27:17 Premiere Date 4/18/22

Child Abuse Prevention in Kentucky
S17 E22 Length 28:03 Premiere Date 4/10/22

Kidney Health: Prevention, Treatment, and Organ Donation
S17 E21 Length 26:53 Premiere Date 4/3/22

Reporter Jonathan Bullington
S17 E20 Length 28:07 Premiere Date 2/27/22

Nikki Lanier - Harper Slade
S17 E19 Length 28:01 Premiere Date 2/20/22

WFPL's Stephanie Wolf and Jess Clark
S17 E18 Length 27:51 Premiere Date 2/13/22

Felicia C. Smith - National Center for Families Learning
S17 E17 Length 27:33 Premiere Date 2/6/22

Tom Shelton - Henry Clay Center
S17 E16 Length 27:33 Premiere Date 1/23/22

Cabinet for Health and Family Services Sec. Eric Friedlander
S17 E15 Length 28:10 Premiere Date 1/9/22

Exploring Solutions to the Healthcare Worker Shortage
S17 E14 Length 27:01 Premiere Date 12/12/21

William Turner on Black Life in Appalachia
S17 E13 Length 27:54 Premiere Date 11/21/21

Kentucky Poet Laureate Crystal Wilkinson
S17 E12 Length 27:43 Premiere Date 11/14/21

Addressing Needs of Kentuckians with Disabilities
S17 E11 Length 27:36 Premiere Date 11/7/21

Chelsea Ellis-Hogan
S17 E9 Length 27:11 Premiere Date 10/31/21

2021 Kentucky Book Festival
S17 E8 Length 28:12 Premiere Date 10/24/21

Devine Carama
S17 E7 Length 27:41 Premiere Date 10/17/21

Rufus Friday
S17 E6 Length 27:56 Premiere Date 10/10/21

Aaron Thompson
S17 E5 Length 28:04 Premiere Date 10/3/21

Whitney Austin - Reducing Gun Violence
S17 E4 Length 27:01 Premiere Date 9/26/21

Filmmaker Sarah Burns
S17 E3 Length 28:11 Premiere Date 9/19/21

Charlene Buckles and Dan Wu
S17 E2 Length 27:23 Premiere Date 9/12/21

Explore KET