Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4213.Persons under arrest; procedures; right to
post bond; release on personal recognizance.
(a) Any person arrested by a law enforcement officer shall be taken immediately
by the law enforcement officer to the police station of the city or the office
in the city designated by the municipal judge. At that time, the person shall
have the right to post bond for the person's appearance, in accordance with
K.S.A. 12-4301 and 12-4302, and amendments thereto, except as
hereinafter provided.
(b) A law enforcement officer may detain a person arrested for violation
of a municipal ordinance in protective custody for a period not to exceed six
hours, including custody in a city or county jail, if such officer has probable
cause 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 to
which such person might be released. Any person so held in protective custody
shall be permitted to consult with counsel or other persons who may act on such
person's behalf. Such person held in protective custody for six hours shall be
given an opportunity to post bond for such person's appearance in the
municipal 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 custody
until the earliest practical time for such person's appearance in municipal
court upon a warrant being issued by the municipal court in accordance with
K.S.A. 12-4209, and amendments thereto.
(d) Any person who remains in custody for 48 hours pursuant to the provisions
of this section after arrest, and who is awaiting a first appearance before a
municipal judge in the absence of a warrant being issued, shall be released on
the person's personal recognizance. Bond shall be set within 18 hours of the
person being placed in custody.
History: L. 1973, ch. 61, § 12-4213;
L. 1987, ch. 76, § 1;
L. 2004, ch. 71, § 4; July 1.
Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4213.Persons under arrest; procedures; right to
post bond; release on personal recognizance.
(a) Any person arrested by a law enforcement officer shall be taken immediately
by the law enforcement officer to the police station of the city or the office
in the city designated by the municipal judge. At that time, the person shall
have the right to post bond for the person's appearance, in accordance with
K.S.A. 12-4301 and 12-4302, and amendments thereto, except as
hereinafter provided.
(b) A law enforcement officer may detain a person arrested for violation
of a municipal ordinance in protective custody for a period not to exceed six
hours, including custody in a city or county jail, if such officer has probable
cause 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 to
which such person might be released. Any person so held in protective custody
shall be permitted to consult with counsel or other persons who may act on such
person's behalf. Such person held in protective custody for six hours shall be
given an opportunity to post bond for such person's appearance in the
municipal 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 custody
until the earliest practical time for such person's appearance in municipal
court upon a warrant being issued by the municipal court in accordance with
K.S.A. 12-4209, and amendments thereto.
(d) Any person who remains in custody for 48 hours pursuant to the provisions
of this section after arrest, and who is awaiting a first appearance before a
municipal judge in the absence of a warrant being issued, shall be released on
the person's personal recognizance. Bond shall be set within 18 hours of the
person being placed in custody.
History: L. 1973, ch. 61, § 12-4213;
L. 1987, ch. 76, § 1;
L. 2004, ch. 71, § 4; July 1.
Article 42.--CODE FOR MUNICIPAL COURTS; PROSECUTION AND ARREST
12-4213.Persons under arrest; procedures; right to
post bond; release on personal recognizance.
(a) Any person arrested by a law enforcement officer shall be taken immediately
by the law enforcement officer to the police station of the city or the office
in the city designated by the municipal judge. At that time, the person shall
have the right to post bond for the person's appearance, in accordance with
K.S.A. 12-4301 and 12-4302, and amendments thereto, except as
hereinafter provided.
(b) A law enforcement officer may detain a person arrested for violation
of a municipal ordinance in protective custody for a period not to exceed six
hours, including custody in a city or county jail, if such officer has probable
cause 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 to
which such person might be released. Any person so held in protective custody
shall be permitted to consult with counsel or other persons who may act on such
person's behalf. Such person held in protective custody for six hours shall be
given an opportunity to post bond for such person's appearance in the
municipal 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 custody
until the earliest practical time for such person's appearance in municipal
court upon a warrant being issued by the municipal court in accordance with
K.S.A. 12-4209, and amendments thereto.
(d) Any person who remains in custody for 48 hours pursuant to the provisions
of this section after arrest, and who is awaiting a first appearance before a
municipal judge in the absence of a warrant being issued, shall be released on
the person's personal recognizance. Bond shall be set within 18 hours of the
person being placed in custody.
History: L. 1973, ch. 61, § 12-4213;
L. 1987, ch. 76, § 1;
L. 2004, ch. 71, § 4; July 1.