summary
Introduced
01/07/2026
01/07/2026
In Committee
01/14/2026
01/14/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
Create a new section of KRS Chapter 431 to define terms; provide that a person shall not be eligible for pretrial release until he or she can provide proof of citizenship or that he or she is lawfully permitted to be in the United States; provide that a person shall not be held for longer than 48 hours due to his or her inability to provide proof of citizenship or permission to be in the United States; require a law enforcement agency, jail, or regional jail that has custody of a person who cannot provide proof of citizenship or that he or she is lawfully permitted to be in the United States to immediately notify the United States Department of Homeland Security to determine if the person is a citizen, lawfully permitted to be in the United States, or subject to a United States Immigration and Customs Enforcement detainer; provide that the lack of proof of citizenship or permission to be in the United States shall be considered when completing a pretrial risk assessment.
AI Summary
This bill establishes new requirements for pretrial release in Kentucky, stipulating that individuals must provide proof of U.S. citizenship or lawful presence in the United States before being eligible for release from custody, whether on their own recognizance, bail, or through administrative release. If a person cannot provide this proof, the law enforcement agency, jail, or regional jail holding them must immediately notify the U.S. Department of Homeland Security to verify their status. While individuals cannot be held solely for lacking this proof for more than 48 hours, this inability to prove citizenship or lawful presence will be a factor considered in pretrial risk assessments, influencing decisions about flight risk, appearance for trial, and public safety.
Committee Categories
Justice
Sponsors (7)
T.J. Roberts (R)*,
Kim Banta (R),
Josh Calloway (R),
Dan Fister (R),
John Hodgson (R),
Kimberly Holloway (R),
Candy Massaroni (R),
Last Action
to Judiciary (H) (on 01/14/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://apps.legislature.ky.gov/record/26RS/hb76.html |
| BillText | https://apps.legislature.ky.gov/recorddocuments/bill/26RS/hb76/orig_bill.pdf |
| Corrections Impact | https://apps.legislature.ky.gov/recorddocuments/note/26RS/hb76/CI.pdf |
| Local Mandate Fiscal Impact | https://apps.legislature.ky.gov/recorddocuments/note/26RS/hb76/LM.pdf |
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