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One year after unlawful camping bill, hundreds of Kentuckians arrested, charged

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The number of Kentuckians cited for unlawful camping has spiked since House Bill 5 went into effect, criminalizing unlawful camping in the state.

A new analysis from the Kentucky Center for Economic Policy looks at state data from the Administrative Office of the Courts to examine how the law is being enforced. Ashley Spalding, the center's research director, said one unhoused person has been cited or arrested for unlawful camping each day since the law took effect.

"A large number are in Louisville, Lexington, and then Boyd County has a large number, and then also Davis County," said Spalding. "Altogether, 30 counties, but those are the ones with the largest numbers of these citations."

People can be charged a fine of up to $250 for their first offense of unlawful camping, which also requires a court appearance. Each subsequent offense is a Class B misdemeanor, which can result in arrest with a maximum punishment of 90 days in jail, along with a financial penalty.

Supporters of the law say it deters homelessness.

Spalding said the reality of becoming entangled with the criminal justice system means some unhoused people could end up with a lengthy list of charges and money owed.

"Potentially," said Spalding, "it could cost someone over $2,000 in fines and fees for all of these things. Fines and fees can really entrap people in a really vicious cycle of debt and incarceration."

Data from the Kentucky Housing Corporation shows the number of unhoused people in the Commonwealth jumped by more than 10% in 2023 and 2024.