22-3604.Release of defendant pending appeal byprosecution.(1) Except as provided in subsection (3), a defendant shall not be heldin jail nor subject to an appearance bond during the pendency of an appealby the prosecution.
(2) The time during which an appeal by the prosecution is pending shallnot be counted for the purpose of determining whether a defendant isentitled to discharge under K.S.A. 22-3402,and amendments thereto. For purposes of this section, "an appeal by theprosecution"includes, but is not limited to, appeals authorized by subsection(b) of K.S.A. 22-3602, and amendments thereto, appeals authorizedby K.S.A. 22-3603, and amendments thereto, and any appeal by theprosecution which seeks discretionary review in the supreme courtof Kansas or the United States supreme court. Such an appealremains "pending" until final resolution by the court of lastresort.
(3) A defendant charged with a class A, B or C felonyor, if the felony was committed on or after July 1, 1993, an off-grid felony,a nondrug severity level 1 through 5 felony or a drug severity level 1 through3 felony crime shall not bereleased from jail or the conditions of such person's appearance bondduring the pendency of an appeal by the prosecution. The timeduringwhich an appeal by the prosecution is pending in a class A, B or C felonyor, if the felony was committed on or after July 1, 1993, an off-grid felony,a nondrug severity level 1 through 5 felony or a drug severity level 1 through3 felony caseshall not be counted for the purpose of determining whether the defendantis entitled to discharge under K.S.A. 22-3402, and amendments thereto.
22-3604.Release of defendant pending appeal byprosecution.(1) Except as provided in subsection (3), a defendant shall not be heldin jail nor subject to an appearance bond during the pendency of an appealby the prosecution.
(2) The time during which an appeal by the prosecution is pending shallnot be counted for the purpose of determining whether a defendant isentitled to discharge under K.S.A. 22-3402,and amendments thereto. For purposes of this section, "an appeal by theprosecution"includes, but is not limited to, appeals authorized by subsection(b) of K.S.A. 22-3602, and amendments thereto, appeals authorizedby K.S.A. 22-3603, and amendments thereto, and any appeal by theprosecution which seeks discretionary review in the supreme courtof Kansas or the United States supreme court. Such an appealremains "pending" until final resolution by the court of lastresort.
(3) A defendant charged with a class A, B or C felonyor, if the felony was committed on or after July 1, 1993, an off-grid felony,a nondrug severity level 1 through 5 felony or a drug severity level 1 through3 felony crime shall not bereleased from jail or the conditions of such person's appearance bondduring the pendency of an appeal by the prosecution. The timeduringwhich an appeal by the prosecution is pending in a class A, B or C felonyor, if the felony was committed on or after July 1, 1993, an off-grid felony,a nondrug severity level 1 through 5 felony or a drug severity level 1 through3 felony caseshall not be counted for the purpose of determining whether the defendantis entitled to discharge under K.S.A. 22-3402, and amendments thereto.
22-3604.Release of defendant pending appeal byprosecution.(1) Except as provided in subsection (3), a defendant shall not be heldin jail nor subject to an appearance bond during the pendency of an appealby the prosecution.
(2) The time during which an appeal by the prosecution is pending shallnot be counted for the purpose of determining whether a defendant isentitled to discharge under K.S.A. 22-3402,and amendments thereto. For purposes of this section, "an appeal by theprosecution"includes, but is not limited to, appeals authorized by subsection(b) of K.S.A. 22-3602, and amendments thereto, appeals authorizedby K.S.A. 22-3603, and amendments thereto, and any appeal by theprosecution which seeks discretionary review in the supreme courtof Kansas or the United States supreme court. Such an appealremains "pending" until final resolution by the court of lastresort.
(3) A defendant charged with a class A, B or C felonyor, if the felony was committed on or after July 1, 1993, an off-grid felony,a nondrug severity level 1 through 5 felony or a drug severity level 1 through3 felony crime shall not bereleased from jail or the conditions of such person's appearance bondduring the pendency of an appeal by the prosecution. The timeduringwhich an appeal by the prosecution is pending in a class A, B or C felonyor, if the felony was committed on or after July 1, 1993, an off-grid felony,a nondrug severity level 1 through 5 felony or a drug severity level 1 through3 felony caseshall not be counted for the purpose of determining whether the defendantis entitled to discharge under K.S.A. 22-3402, and amendments thereto.
