12-4213.   Persons under arrest; procedures; right topost bond; release on personal recognizance.(a) Any person arrested by a law enforcement officer shall be taken immediatelyby the law enforcement officer to the police station of the city or the officein the city designated by the municipal judge. At that time, the person shallhave the right to post bond for the person's appearance, in accordance withK.S.A. 12-4301 and 12-4302, and amendments thereto, except ashereinafter provided.

      (b)   A law enforcement officer may detain a person arrested for violationof a municipal ordinance in protective custody for a period not to exceed sixhours, including custody in a city or county jail, if such officer has probablecause to believe that: (1) Such person may cause injury to oneself or others,or damage to property; and (2) there is no responsible person or institution towhich such person might be released. Any person so held in protective custodyshall be permitted to consult with counsel or other persons who may act on suchperson's behalf. Such person held in protective custody for six hours shall begiven an opportunity to post bond for such person's appearance in themunicipal court.

      (c)   Any person held in custody pursuant to the provisions of this section,and who has not made bond for such person's appearance, may be held in custodyuntil the earliest practical time for such person's appearance in municipalcourt upon a warrant being issued by the municipal court in accordance withK.S.A. 12-4209, and amendments thereto.

      (d)   Any person who remains in custody for 48 hours pursuant to the provisionsof this section after arrest, and who is awaiting a first appearance before amunicipal judge in the absence of a warrant being issued, shall be released onthe person's personal recognizance. Bond shall be set within 18 hours of theperson being placed in custody.

      History:   L. 1973, ch. 61, § 12-4213;L. 1987, ch. 76, § 1;L. 2004, ch. 71, § 4; July 1.