AN ACT relating to pretrial release.

UNOFFICIAL COPY 26 RS BR 145
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AN ACT relating to pretrial release. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 431 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Administratively released" means the pretrial release of a defendant by 6
pretrial services pursuant to rules or orders issued by the Supreme Court; 7
(b) "Jail" has the same meaning as in KRS 441.005; 8
(c) "Law enforcement agency" has the same meaning as in KRS 61.298; and 9
(c) "Regional jail" has the same meaning as in KRS 441.005. 10
(2) (a) Notwithstanding any provision of law to the contrary, a person shall not be: 11
1. Considered a verified and eligible defendant under KRS 431.066; 12
2. Released from custody on his or her own recognizance or bail; or 13
3. Administratively released; 14
until he or s he can provide proof that he or she is a citizen of the United 15
States or otherwise lawfully permitted to be in the United States. 16
(b) A law enforcement agency, jail, or regional jail that has custody of a person 17
who cannot provide proof of citizenship or p ermission to be in the United 18
States shall immediately notify the United States Department of Homeland 19
Security to determine if the person is: 20
1. A citizen of the United States; 21
2. Lawfully permitted to be in the United States; or 22
3. Subject to a United St ates Immigration and Customs Enforcement 23
detainer. 24
(3) (a) A person shall not remain in custody under subsection (2) of this section 25
longer than forty-eight (48) hours, after which the person shall be eligible to 26
be released from custody on his or her own recognizance or bail under this 27
UNOFFICIAL COPY 26 RS BR 145
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chapter. 1
(b) Any pretrial risk assessment completed for a person eligible to be released 2
under paragraph (a) of this subsection shall consider the fact that the 3
person cannot provide proof that he or she is a citizen of the United States 4
or otherwise lawfully permitted to be in the United States when determining 5
if the person is a flight risk, is unlikely to appear for trial, or is likely to be a 6
danger to the public if released. 7