Our Vision For Reform
ABLE’s vision for challenging Kentucky’s PFO law
Enacted in 1974, Kentucky’s Persistent Felony Offender (PFO) Law (KRS 532.080) is a sentence enhancement statute that dramatically increases prison terms for defendants who have prior felony convictions. This law empowers prosecutors to seek longer sentences, sometimes as much as doubling a person’s term of incarceration if they are convicted of a new felony within five years of completing a sentence for a prior felony. The PFO Law fuels mass incarceration in Kentucky, prolonging incarcerated Kentuckians’ suffering under inhumane prison conditions and delaying their return to fruitful community life. The PFO Law undermines the jury’s role in our system of justice, erodes family bonds, and diverts tax dollars from essential community programs to fund an already bloated prison system.
PFO Law Reform Efforts
Calls for the reform of Kentucky’s PFO Law have been longstanding. In 2008, Robert Lawson of the University College of Law called PFO Law reform “a crucial first step towards sentencing sanity in Kentucky.” The Kentucky Center for Economic Policy endorsed legislative efforts to reform the PFO Law in 2022 and again in 2025. ABLE’s approach to challenging Kentucky’s PFO Law involves a comprehensive multi-pronged strategy that includes efforts to end felony disenfranchisement in the state. ABLE also opposes the continuing expansion of provisions of law to the detriment of people impacted by the criminal legal system. Just as the PFO Law, which was originally intended for “extraordinary use,” was greatly expanded in 1976, resulting in an explosion in Kentucky’s incarcerated rate to among the highest in the country, the state’s “violent offender” statute (KRS 439.3401) has also been amended repeatedly to expand its scope. Whereas the statute as originally enacted did not reference specific offenses, the law has expanded its reach over the years to include 27 offenses. ABLE mobilizes community members, educates the public, and actively participates in legislative advocacy in their efforts to overcome these barriers to a just legal system and inclusive democracy.
“They labeled me a ‘persistent offender.’ 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.”
– Marcus Jackson, Executive Director, ABLE
You Can Make A Difference
Get Involved
Are you a formerly incarcerated Kentuckian who has questions about your rights under the law or wants to get involved? Are you a community ally who wants to support impacted-led advocacy? Contact ABLE to learn more about how you can help advocate for the reform of Kentucky’s PFO Law, the eradication of felony disenfranchisement in Kentucky, and other essential changes in law that will better serve all Kentuckians.
Marcus Jackson
ABLE Executive Director
Marcus Jackson founded Advocacy Based on Lived Experience (ABLE) to empower directly impacted people in their communities, and he continues to serve as ABLE’s Executive Director. Marcus previously worked as a Paralegal with the Louisville Urban League and the Smart Justice Advocates Organizing Coordinator at the ACLU of Kentucky. He earned his Bachelor’s Degree in Organizational Leadership at Northern Kentucky University.