Chapter 22: Criminal Procedure

KANSAS CODE OF CRIMINAL PROCEDURE

Article 43: Uniform Mandatory Disposition Of Detainers Act

Statute 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.