JOYCE ANN POWELL v. COMMONWEALTH OF KENTUCKY
Annotate this Case
Download PDF
RENDERED: JULY 19, 2002; 10:00 a.m.
NOT TO BE PUBLISHED
C ommonwealth O f K entucky
C ourt O f A ppeals
NO.
1999-CA-000489-MR
JOYCE ANN POWELL
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE THOMAS KNOPF, JUDGE
ACTION NO. 90-CR-001119
v.
COMMONWEALTH OF KENTUCKY
APPELLEE
OPINION
AFFIRMING
** ** ** ** **
BEFORE:
BARBER, JOHNSON AND SCHRODER, JUDGES.
JOHNSON, JUDGE.
Joyce Ann Powell has appealed to this Court from
the order of Sex Offender Risk Determination entered by the
Jefferson Circuit Court on January 28, 1999, finding her to be a
low risk sex offender.
Having concluded that Powell’s
classification was set in a manner consistent with Hyatt v.
Commonwealth,1 and that the 1998 amendments apply to her, we
affirm.
By judgment entered September 11, 1992, the circuit
court accepted Powell’s guilty plea and convicted her of two
1
Ky., 72 S.W.3d 566 (2002).
counts of sexual abuse in the first degree2 and one count of
complicity to attempted sodomy in the first degree.3
Powell
received prison sentences totaling ten years.
In preparation for her release from prison, Powell was
assessed pursuant to the Sex Offender Risk Determination
Procedure.4
As a result of the hearing conducted pursuant to KRS
17.570, Powell was found to be a low risk sex offender.
This appeal was abated pending resolution by the
Supreme Court of Kentucky of the constitutional challenge to the
1998 amendments to the Sex Offender Assessment Statutes.
On
February 21, 2002, the Supreme Court rendered its opinion in
Hyatt, upholding the constitutionality of the 1998 amendments.
When the Supreme Court’s opinion became final, this Court entered
an order directing Powell to show cause why the decision of the
circuit court should not be affirmed on the basis of the Hyatt
opinion.
In response to the show cause order, Powell argues that
the Hyatt opinion does not dispose of the issue of the
applicability of the 1998 amendments to her.
Powell argues that
since she was convicted in 1992, the 1998 amendments do not apply
to her and that she is not subject to the procedure set out in
those amendments.
However, in Hyatt, the Supreme Court found the 1998
amendments to be applicable to three inmates who had been
2
Kentucky Revised Statutes (KRS) 510.110.
3
KRS 510.070 and KRS 502.020.
4
KRS 17.500 et seq.
-2-
incarcerated before the effective date of the amendments, and
remained incarcerated on the effective date of the amendments.
Section 199 of 1998 Kentucky Acts Chapter 606 reads as follows:
The provisions of Sections 138 through
155 of this Act shall apply to persons
individually sentenced or incarcerated after
the effective date of this Act.5
The statute does not use the words “began incarceration” or
“entered into incarceration”.
The Legislature has directed that
the amendments apply to persons “incarcerated after the effective
date of the Act.”
If the Legislature had intended to apply the
1998 amendments only to individuals who received sentences after
the effective date of July 15, 1998, there would have been no
need to add the phrase “or incarcerated”.
We believe the use of
this additional phrase clearly shows the Legislature’s intent to
also include inmates who had been sentenced before July 15, 1998,
and remained incarcerated on July 15, 1998.
Since Powell was
incarcerated at the time the Act became effective, the Act does
apply to her and it was proper for the circuit court to make the
Sex Offender Risk Determination.
Accordingly, the order of Sex Offender Risk
Determination entered by the Jefferson Circuit Court is affirmed.
ALL CONCUR.
5
The effective date was July 15, 1998.
-3-
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
J. David Niehaus
Daniel T. Goyette
Louisville, Kentucky
Albert B. Chandler, III
Attorney General
Tami Allen Stetler
Assistant Attorney General
Frankfort, Kentucky
-4-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.