HB76
Log in to followAN ACT relating to pretrial release.
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.
Introduced: January 7, 2026
Last action: January 14, 2026
Plain-language summary
This bill would require people arrested in Kentucky to show proof of citizenship or legal immigration status before they can be released before trial. Law enforcement agencies and jails would be required to notify the U.S. Department of Homeland Security if someone cannot provide that proof, and a person could be held up to 48 hours while that determination is made. A person's inability to provide proof of status would also be factored into the risk assessment used to decide whether they can be released before trial. Who it may affect: people who have been arrested and are awaiting trial, as well as jail and law enforcement agencies responsible for carrying out the notification and verification requirements.
Legislative History
Primary Sponsor
Co-sponsors (6)
