Kansas Statutes

Chapter 22: Criminal Procedure

KANSAS CODE OF CRIMINAL PROCEDURE

Article 43: Uniform Mandatory Disposition Of Detainers Act

Statutes:

• 22-4301: Request for final disposition of detainer by prisoners; duties of official custodian; dismissal, when.
• 22-4302: Delivery of request to custodian; officials' duties.
• 22-4303: Trial within 180 days after receipt of request and certification, exceptions; dismissal, when.
• 22-4304: Escape of prisoner voids request, when.
• 22-4305: Article inapplicable to adjudged mentally ill or incapacitated persons.
• 22-4306: Prisoners to be informed; recordation.
• 22-4307: Construction of article.
• 22-4308: Citation of article.

• 22-4301: Request for final disposition of detainer by prisoners; duties of official custodian; dismissal, when. (a) Any person who is imprisoned in a penal or correctional institution of this state may request final disposition of any untried indictment, information or complaint pending against him in this state. The request shall be in writing addressed to the court in which the indictment, information or complaint is pending and to the county attorney charged with the duty of prosecuting it, and shall set forth the place of imprisonment.

        (b)   The warden, superintendent or other official having custody of prisoners shall promptly inform each prisoner in writing of the source and nature of any untried indictment, information or complaint against him of which the warden, superintendent or other official has knowledge or notice, and of his right to make a request for final disposition thereof.

        (c)   Failure of the warden, superintendent or other official to inform a prisoner, as required by this section, within one (1) year after a detainer has been filed at the institution shall entitle him to a final dismissal of the indictment, information or complaint with prejudice.

        History:   L. 1970, ch. 129, § 22-4301; July 1.

• 22-4302: Delivery of request to custodian; officials' duties. The request shall be delivered to the warden, superintendent or other officials having custody of the prisoner, who shall forthwith:

        (a)   Certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of parole eligibility of the prisoner, and any decisions of the state board of probation and parole relating to the prisoner;

        (b)   for crimes committed on or after July 1, 1993, certify the length of time served on the prison portion of the sentence, any good time earned and the projected release date for the commencement of the postrelease supervision term; and

        (c)   send by registered or certified mail, return receipt requested, one copy of the request and certificate to the court and one copy to the county attorney to whom it is addressed.

        History:   L. 1970, ch. 129, § 22-4302; L. 1992, ch. 239, § 277; July 1, 1993.

• 22-4303: Trial within 180 days after receipt of request and certification, exceptions; dismissal, when. Within one hundred eighty (180) days after the receipt of the request and certificate by the court and county attorney or within such additional time as the court for good cause shown in open court may grant, the prisoner or his counsel being present, the indictment, information or complaint shall be brought to trial; but the parties may stipulate for a continuance or a continuance may be granted on notice to the attorney of record and opportunity for him to be heard. If, after such a request, the indictment, information or complaint is not brought to trial within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information or complaint be of any further force or effect, and the court shall dismiss it with prejudice.

        History:   L. 1970, ch. 129, § 22-4303; July 1.

• 22-4304: Escape of prisoner voids request, when. Escape from custody of any prisoner subsequent to his execution of a request for final disposition of an untried indictment, information or complaint voids the request.

        History:   L. 1970, ch. 129, § 22-4304; July 1.

• 22-4305: Article inapplicable to adjudged mentally ill or incapacitated persons. This article does not apply to any person adjudged to be a mentally ill person or an incapacitated person.

        History:   L. 1970, ch. 129, § 22-4305; July 1.

• 22-4306: Prisoners to be informed; recordation. The warden, superintendent or other official having custody of prisoners shall arrange for all prisoners to be informed in writing of the provisions of this article, and for a record thereof to be placed in the prisoner's file.

        History:   L. 1970, ch. 129, § 22-4306; July 1.

• 22-4307: Construction of article. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

        History:   L. 1970, ch. 129, § 22-4307; July 1.

• 22-4308: Citation of article. This article may be cited as the uniform mandatory disposition of detainers act.

        History:   L. 1970, ch. 129, § 22-4308; July 1.