KentuckyHB 7622026 Regular SessionHouseWALLET

AN ACT relating to the criminal justice system.

Sponsored By: Stephanie Dietz (Republican)

Signed by Governor

AttorneysCourtsMental HealthPublic AdvocateReports MandatedState Agencies

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 7 benefits, 3 costs, 1 mixed.

More legal help for low-income people and minors

Needy people get a lawyer and needed services when detained, charged, or convicted of a serious crime. Courts must waive all costs for that representation. Minors in juvenile custody can get a lawyer for confinement-related claims, and department lawyers can review their court and facility records. People in KRS 202A or 202C proceedings get appointed counsel when unrepresented, with court-set fees for 202A capped at $500 and paid by the state. The department can assign attorneys, including conflict counsel, at any stage of a case.

Higher pay floor for public defenders by 2026

The state creates a new pay class for department attorneys. Entry pay is at least $67,500 a year by September 16, 2026. When moved into the new class, current staff get a 10% raise or at least $67,500, whichever is higher.

New state public defender and disability office

The law creates the Department of Public Advocacy as an independent state agency. It provides lawyers for people accused of serious crimes. It also protects the rights of people with disabilities as defined by federal law. The agency is attached to the Justice and Public Safety Cabinet for administration.

Probation time limits and fewer fees

Probation or conditional discharge cannot last more than five years for a felony or two years for a misdemeanor, unless more time is needed to finish restitution. The court cannot make non‑incarcerated people pay jail costs or many other costs as a condition of probation, but it can order restitution and certain Department of Corrections costs. Probation credits can shorten supervision. Time on a warrant does not count toward supervision, and the court has clear 60‑day timelines to act on late violations.

Public defender office can raise and keep funds

The department can seek public and private grants, donations, and awards. These funds go into a special account that does not lapse. The money supports indigent defense and disability‑rights work.

No outside fees in public defender cases

Attorneys who take department cases cannot accept other fees for that work. Small, unsolicited gifts after the case ends are allowed. Taking prohibited fees is a Class D felony. These rules protect clients from being charged extra.

When the public defender will not represent you

The public defender only represents people in the exact situations listed in this law. For contempt cases, it covers you only if the contempt came from a criminal case or a public or status offense. If your situation is outside those limits, the department does not have to represent you.

What public defender clients may have to pay

At arraignment, the court must decide if you can pay a partial fee and set the amount, as a lump sum or in payments. If you do not pay on time, the order becomes a civil judgment, and the state can collect it like other debts. The public advocate can sue you or your estate to recover costs within five years if you were not entitled to help or could pay at the time of suit. Custodial parents or guardians of unemancipated minors deemed needy can also be held responsible. Attorneys must report possible repayment sources, and money collected goes to the department’s nonlapsing special trust account.

Appeal rights and steps are clearer

If you ask your lawyer to appeal, the lawyer must file the notice of appeal. Trial lawyers must send key appeal documents to the Appeals Branch. A lawyer who thinks an appeal is wholly frivolous may ask to withdraw but must file a brief and give you time to respond. A judgment that includes probation or conditional discharge is treated as final for appeal, so you can appeal right away.

Training on addiction for sentencing workers

Alternative sentencing workers must complete at least 12 hours of training on substance use disorder. They must also follow KRS 222.429. This takes work time and may add small training costs.

How the public defender office is run

The Governor appoints the public advocate from a commission list; the advocate serves a four‑year term. The deputy and general counsel are appointed by the public advocate and serve at the advocate’s pleasure. Assistant public advocates and office staff are merit‑system employees. The department may buy malpractice insurance for its attorneys.

Sponsors & Cosponsors

Sponsor

Stephanie Dietz
Republican • House

Cosponsors

Beverly Chester-Burton
Democrat • House
Jason Petrie
Republican • House

Roll Call Votes

All Roll Calls

Yes: 214 • No: 0

House vote • 4/1/2026

passed

Yes: 86 • No: 0

Senate vote • 3/31/2026

3rd reading, passed

Yes: 37 • No: 0

House vote • 3/6/2026