State Codes and Statutes

Statutes > Kansas > Chapter22 > Article27 > Statutes_12308

22-2713

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 27.--UNIFORM CRIMINAL EXTRADITION ACT

      22-2713.   Arrest prior to requisition; prisoners in federal facilities,waiver of requirements for extradition.(a) Whenever any person within this state is charged on the oath ofany credible person before any judge or magistrate of this state with thecommission of any crime in any other state and, except in cases arisingunder K.S.A. 22-2706 and amendments thereto, withhaving fled from justice, or with having beenconvicted of a crime in that state and having escaped from confinement, orhaving broken the terms of the person's bail, probation,assignment to a community correctional services program, postreleasesupervision or parole, or withbeingunder sentence, some portion of which remains unexecuted, from which suchperson has not been paroled, placed on postrelease supervision ordischarged or otherwise released, orwhenever complaint has been made before any judge or magistrate inthis state setting forth on the affidavit of any credible person in anotherstate that a crime has been committed in such other state and that theaccused has been charged in such state with the commission of the crime,and, except in cases arising under K.S.A. 22-2706 andamendments thereto, has fled from justice,or with having been convicted of a crime in that state and having escapedfrom confinement, or having broken the terms of the person'sbail, probation, assignment to a community correctional services program,postrelease supervision orparole, or with being under sentence, some portion of which remainsunexecuted, from which such person has not been paroled, placed onpostrelease supervision or discharged orotherwise released, and is believed to be in this state, the judge ormagistrate shall issue a warrant directed to any lawenforcement officer commanding the apprehension of the person named therein,wherever such person may be found in thisstate, and to bring such person before the same or any otherjudge, magistrate orcourt who or which may be available in or convenient of access to the placewhere the arrest may be made, to answer the charge or complaint andaffidavit, and a certified copy of the sworn charge or complaint andaffidavit upon which the warrant is issued shall be attached to thewarrant.

      (b)   Any person incarcerated in any federal facility may be released to thecustodyof the duly accredited officers, or such officer's designees, of a foreignstate, if:

      (1)   Such person has violated the terms of such person's probation,postrelease supervision, parole or who has an unexpired sentence in the foreignstate;

      (2)   the foreign state has personal jurisdiction over such person; and

      (3)   the foreign state has issued a valid warrant for the apprehension ofsuch person.For that purpose noformalities shall be required other than establishing the authority of theofficer and the identity of the person to be apprehended. All legalrequirementsto obtain extradition of fugitives from justice are hereby expressly waived bythe state of Kansas, as to such persons.

      History:   L. 1970, ch. 129, § 22-2713;L. 1986, ch. 123, § 18;L. 1992, ch. 239, § 253;L. 1997, ch. 38, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article27 > Statutes_12308

22-2713

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 27.--UNIFORM CRIMINAL EXTRADITION ACT

      22-2713.   Arrest prior to requisition; prisoners in federal facilities,waiver of requirements for extradition.(a) Whenever any person within this state is charged on the oath ofany credible person before any judge or magistrate of this state with thecommission of any crime in any other state and, except in cases arisingunder K.S.A. 22-2706 and amendments thereto, withhaving fled from justice, or with having beenconvicted of a crime in that state and having escaped from confinement, orhaving broken the terms of the person's bail, probation,assignment to a community correctional services program, postreleasesupervision or parole, or withbeingunder sentence, some portion of which remains unexecuted, from which suchperson has not been paroled, placed on postrelease supervision ordischarged or otherwise released, orwhenever complaint has been made before any judge or magistrate inthis state setting forth on the affidavit of any credible person in anotherstate that a crime has been committed in such other state and that theaccused has been charged in such state with the commission of the crime,and, except in cases arising under K.S.A. 22-2706 andamendments thereto, has fled from justice,or with having been convicted of a crime in that state and having escapedfrom confinement, or having broken the terms of the person'sbail, probation, assignment to a community correctional services program,postrelease supervision orparole, or with being under sentence, some portion of which remainsunexecuted, from which such person has not been paroled, placed onpostrelease supervision or discharged orotherwise released, and is believed to be in this state, the judge ormagistrate shall issue a warrant directed to any lawenforcement officer commanding the apprehension of the person named therein,wherever such person may be found in thisstate, and to bring such person before the same or any otherjudge, magistrate orcourt who or which may be available in or convenient of access to the placewhere the arrest may be made, to answer the charge or complaint andaffidavit, and a certified copy of the sworn charge or complaint andaffidavit upon which the warrant is issued shall be attached to thewarrant.

      (b)   Any person incarcerated in any federal facility may be released to thecustodyof the duly accredited officers, or such officer's designees, of a foreignstate, if:

      (1)   Such person has violated the terms of such person's probation,postrelease supervision, parole or who has an unexpired sentence in the foreignstate;

      (2)   the foreign state has personal jurisdiction over such person; and

      (3)   the foreign state has issued a valid warrant for the apprehension ofsuch person.For that purpose noformalities shall be required other than establishing the authority of theofficer and the identity of the person to be apprehended. All legalrequirementsto obtain extradition of fugitives from justice are hereby expressly waived bythe state of Kansas, as to such persons.

      History:   L. 1970, ch. 129, § 22-2713;L. 1986, ch. 123, § 18;L. 1992, ch. 239, § 253;L. 1997, ch. 38, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter22 > Article27 > Statutes_12308

22-2713

Chapter 22.--CRIMINAL PROCEDURE
KANSAS CODE OF CRIMINAL PROCEDURE
Article 27.--UNIFORM CRIMINAL EXTRADITION ACT

      22-2713.   Arrest prior to requisition; prisoners in federal facilities,waiver of requirements for extradition.(a) Whenever any person within this state is charged on the oath ofany credible person before any judge or magistrate of this state with thecommission of any crime in any other state and, except in cases arisingunder K.S.A. 22-2706 and amendments thereto, withhaving fled from justice, or with having beenconvicted of a crime in that state and having escaped from confinement, orhaving broken the terms of the person's bail, probation,assignment to a community correctional services program, postreleasesupervision or parole, or withbeingunder sentence, some portion of which remains unexecuted, from which suchperson has not been paroled, placed on postrelease supervision ordischarged or otherwise released, orwhenever complaint has been made before any judge or magistrate inthis state setting forth on the affidavit of any credible person in anotherstate that a crime has been committed in such other state and that theaccused has been charged in such state with the commission of the crime,and, except in cases arising under K.S.A. 22-2706 andamendments thereto, has fled from justice,or with having been convicted of a crime in that state and having escapedfrom confinement, or having broken the terms of the person'sbail, probation, assignment to a community correctional services program,postrelease supervision orparole, or with being under sentence, some portion of which remainsunexecuted, from which such person has not been paroled, placed onpostrelease supervision or discharged orotherwise released, and is believed to be in this state, the judge ormagistrate shall issue a warrant directed to any lawenforcement officer commanding the apprehension of the person named therein,wherever such person may be found in thisstate, and to bring such person before the same or any otherjudge, magistrate orcourt who or which may be available in or convenient of access to the placewhere the arrest may be made, to answer the charge or complaint andaffidavit, and a certified copy of the sworn charge or complaint andaffidavit upon which the warrant is issued shall be attached to thewarrant.

      (b)   Any person incarcerated in any federal facility may be released to thecustodyof the duly accredited officers, or such officer's designees, of a foreignstate, if:

      (1)   Such person has violated the terms of such person's probation,postrelease supervision, parole or who has an unexpired sentence in the foreignstate;

      (2)   the foreign state has personal jurisdiction over such person; and

      (3)   the foreign state has issued a valid warrant for the apprehension ofsuch person.For that purpose noformalities shall be required other than establishing the authority of theofficer and the identity of the person to be apprehended. All legalrequirementsto obtain extradition of fugitives from justice are hereby expressly waived bythe state of Kansas, as to such persons.

      History:   L. 1970, ch. 129, § 22-2713;L. 1986, ch. 123, § 18;L. 1992, ch. 239, § 253;L. 1997, ch. 38, § 1; July 1.