Kansas Criminal Procedure Code

K.S.A. Chapter 22

Article 43 - Mandatory Disposition of Detainers Act

Current Through end of 2016 legislative session

22-4301        Request for final disposition of detainer by inmates; 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 inmate voids request, when.

22-4305        Article inapplicable to adjudged mentally ill or incapacitated persons.

22-4306        Inmates to be informed; recordation.

22-4308        Citation of article.

22-4301. Request for final disposition of detainer by inmates; duties of official custodian; dismissal, when.

          (a) Any inmate in the custody of the secretary of corrections may request final disposition of any untried indictment, information, motion to revoke probation or complaint pending against such person in this state. The request shall be in writing addressed and delivered to the court in which the indictment, information, motion to revoke probation or complaint is pending, to the county attorney charged with the duty of prosecuting it, and to the secretary of correction. Such request shall set forth the place of imprisonment.

          (b) The secretary shall promptly inform each inmate in writing of the source and nature of any untried indictment, information, motion to revoke probation or complaint against such inmate of which the secretary has knowledge or notice, and of such inmate's right to make a request for final disposition thereof.

          (c) Failure of the secretary to inform an inmate, as required by this section, within one year after a detainer has been filed at the institution shall entitle such inmate to a final dismissal of the indictment, information, motion to revoke probation or complaint with prejudice.

History: L. 1970, ch. 129, § 22-4301; L. 2013, ch. 32, § 1; L. 2016, ch. 32, § 1; July 1.

22-4302. Delivery of request to custodian; officials' duties.

          Upon receipt of a request made pursuant to K.S.A. 22-4301, and amendments thereto, the secretary of corrections shall promptly:

          (a) Certify the term of commitment under which the inmate 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 inmate, and any decisions of the prisoner review board relating to the inmate;

          (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, L. 2016, ch. 32, § 2; July 1.

22-4303. Trial within 180 days after receipt of request and certification, exceptions; dismissal, when.

          (a) Detainers shall be disposed of in the order in which they are placed with the secretary of corrections, except in the case of an inmate with detainers from multiple jurisdictions, the district or county attorneys in such jurisdictions may agree to a different order of disposition. The secretary of corrections shall allow transportation of the inmate for the purpose of disposing of detainers.

          (b) (1) Following the receipt of the certificate by the court and county attorney from the secretary of corrections, the indictment, information or complaint shall be brought to trial, or the motion to revoke probation shall be brought for a hearing:           (A) If the inmate has one detainer, within 180 days;

          (B) if the inmate has detainers from multiple jurisdictions, the first detainer shall be brought within 180 days and each subsequent detainer shall be brought within 180 days after return of the inmate to the secretary or transportation of the inmate to the jurisdiction following disposition of a previous detainer; or

          (C) within such additional time as the court for good cause shown in open court may grant. The requirements of paragraph (1) shall not apply to any time during which a continuance or delay has been requested or agreed to by the inmate or the inmate’s attorney.

          (3) The requirements of paragraph (1) shall not apply to any time during which a motion to determine competency of the inmate is pending or any time during which an inmate is determined to be incompetent to stand trial.

          (4) If, after receipt of such certificate, the indictment, information or complaint is not brought to trial within that period the time period specified in this subsection, or the motion to revoke probation is not brought for a hearing within that period, no court of this state shall any longer have jurisdiction thereof, nor shall the untried indictment, information, motion to revoke probation or complaint be of any further force or effect, and the court shall dismiss it with prejudice.

History: L. 1970, ch. 129, § 22-4303; L. 2013, ch. 32, § 2; L. 2016, ch. 32, § 3; July 1.

22-4304. Escape of inmate voids request, when.

          Escape from custody of any inmate subsequent to such inmate's execution of a request for final disposition of an untried indictment, information, motion to revoke probation or complaint voids such request.

History: L. 1970, ch. 129, § 22-4304; L. 2013, ch. 32, § 3; L. 2016, ch. 32, § 4; 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. Inmates to be informed; recordation.

          The secretary shall arrange for all inmates to be informed in writing of the provisions of this article, and for a record thereof to be placed in the inmate’s file.

History: L. 1970, ch. 129, § 22-4306; L. 2016, ch. 32, § 5; July 1.

22-4308. Citation of article.

          This article may be cited as the mandatory disposition of detainers act.

History: L. 1970, ch. 129, § 22-4308; L. 2016, ch. 32, § 7; July 1.