reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4203 Out-of-state witnesses; fees and mileage.

22-4203.
Out-of-state witnesses; fees and mileage.
(1) If a person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of that court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness' attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
(2) If the witness is summoned to attend and testify in this case the witness shall be tendered the mileage rate established pursuant to K.S.A. 75-3203a, and amendments thereto, for each mile by the ordinary traveled route to and from the court where the prosecution is pending and an amount equal to that provided for witness fees under K.S.A. 28-125, and amendments thereto, for each day that the witness is required to travel and attend as a witness.
(3) A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within the state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, the witness shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
History:
L. 1970, ch. 129, § 22-4203; L. 1979, ch. 99, § 1; L. 1984, ch. 132, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4204 Exemption from arrest and service of process.

22-4204.
Exemption from arrest and service of process.
If a person comes into this state in obedience to a summons directing him to attend and testify in this state he shall not while in this state purusant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons. If a person passes through this state while going to another state in obedience to a summons to attend and to testify in that state or while returning therefrom, he shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his entrance into this state under the summons.
History:
L. 1970, ch. 129, § 22-4204; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4205 Uniformity of interpretation.

22-4205.
Uniformity of interpretation.
This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
History:
L. 1970, ch. 129, § 22-4205; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4206 Invalidity of part.

22-4206.
Invalidity of part.
If any provision of this article or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
History:
L. 1970, ch. 129, § 22-4206; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4207 Definitions.

22-4207.
Definitions.
(1) As used in this act: (a) "Witness" means a person who is confined in a penal institution in any state and whose testimony is desired in another state in any criminal proceeding or investigation by a grand jury or in any criminal action before a court.
(b) "Penal institution" includes a jail, prison, penitentiary, house of correction, or other place of penal detention.
(c) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory of the United States.
History:
L. 1973, ch. 145, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4208 Summoning confined witness in this state to appear in another state; court order.

22-4208.
Summoning confined witness in this state to appear in another state; court order.
A judge of a state court of record in another state, which by its laws has made provision for commanding persons confined in penal institutions within that state to attend and testify in this state, may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in this state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. Upon presentation of the certificate to any judge having jurisdiction over the person confined, and upon notice to the attorney general, the judge in this state shall fix a time and place for a hearing and shall make an order directed to the person having custody of the prisoner requiring that the prisoner be produced before him at the hearing.
If at the hearing the judge determines (1) that the witness may be material and necessary, (2) that his attending and testifying are not adverse to the interests of this state or to the health or legal rights of the witness, (3) that the laws of the state in which he is requested to testify will give him protection from arrest and the service of civil and criminal process because of any act committed prior to his arrival in the state under the order, and (4) that as a practical matter the possibility is negligible that the witness may be subject to arrest or to the service of civil or criminal process in any state through which he will be required to pass, the judge shall issue an order, with a copy of the certificate attached, (a) directing the witness to attend and testify, (b) directing the person having custody of the witness to produce him, in the court where the criminal action is pending, or where the grand jury investigation is pending, at a time and place specified in the order, and (c) prescribing such conditions as the judge shall determine.
History:
L. 1973, ch. 145, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4209 Terms and conditions of order.

22-4209.
Terms and conditions of order.
The order to the witness and to the person having custody of the witness shall provide for the return of the witness at the conclusion of his testimony, proper safeguards on his custody, and proper financial reimbursement or prepayment by the requesting jurisdiction for all expenses incurred in the production and return of the witness, and may prescribe such other conditions as the judge thinks proper or necessary. The order shall not become effective until the judge of the state requesting the witness enters an order directing compliance with the conditions prescribed.
History:
L. 1973, ch. 145, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4210 Summoning person confined in another state; certification; notice to attorney general; exceptions to act.

22-4210. Summoning person confined in another state; certification; notice to attorney general; exceptions to act.
If a person confined in a penal institution in any other state may be a material witness in a criminal action pending in a court of record or in a grand jury investigation in this state, a judge of the court may certify (1) that there is a criminal proceeding or investigation by a grand jury or a criminal action pending in the court, (2) that a person who is confined in a penal institution in the other state may be a material witness in the proceeding, investigation, or action, and (3) that his presence will be required during a specified time. The certificate shall be presented to a judge of a court of record in the other state having jurisdiction over the prisoner confined, and a notice shall be given to the attorney general of the state in which the prisoner is confined.
This act does not apply to any person in this state confined as mentally ill, in need of mental treatment, or under sentence of death or life without the possibility of parole.
History:
L. 1973, ch. 145, § 4; L. 2014, ch. 114, § 10; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4211 Order of compliance by judge in this state.

22-4211.
Order of compliance by judge in this state.
The judge of the court in this state may enter an order directing compliance with the terms and conditions prescribed by the judge of the state in which the witness is confined.
History:
L. 1973, ch. 145, § 5; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4212 Immunity of witness from arrest or service of process in this state for prior act.

22-4212.
Immunity of witness from arrest or service of process in this state for prior act.
If a witness from another state comes into or passes through this state under an order directing him to attend and testify in this or another state, he shall not while in this state pursuant to the order be subject to arrest or the service of process, civil or criminal, because of any act committed prior to his arrival in this state under the order.
History:
L. 1973, ch. 145, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4213 Construction of act.

22-4213.
Construction of act.
This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History:
L. 1973, ch. 145, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 42 - Out-of-state Witnesses › 22-4215 Severability.

22-4215.
Severability.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1973, ch. 145, § 9; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 43 - Uniform Mandatory Disposition Of Detainers Act › 22-4301 Request for final disposition of detainer by prisoners; duties of official custodian; dismissal, when.

22-4301. Request for final disposition of detainer by prisoners; 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 corrections. 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.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 43 - Uniform Mandatory Disposition Of Detainers Act › 22-4302 Delivery of request to custodian; officials' duties.

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; L. 2016, ch. 32, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 43 - Uniform Mandatory Disposition Of Detainers Act › 22-4303 Trial within 180 days after receipt of request and certification, exceptions; dismissal, when.

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.
(2) 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 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.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 43 - Uniform Mandatory Disposition Of Detainers Act › 22-4304 Escape of inmate voids request, when.

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.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 43 - Uniform Mandatory Disposition Of Detainers Act › 22-4305 Article inapplicable to adjudged mentally ill or incapacitated persons.

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.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 43 - Uniform Mandatory Disposition Of Detainers Act › 22-4306 Inmates to be informed of provisions of this article; recordation.

22-4306. Inmates to be informed of provisions of this article; 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.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 43 - Uniform Mandatory Disposition Of Detainers Act › 22-4308 Citation of article.

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, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 44 - Agreement On Detainers › 22-4402 ppropriate court defined.

22-4402.
A
ppropriate court defined.
The phrase "appropriate court" as used in the agreement on detainers shall, with reference to the courts of this state, mean the district courts.
History:
L. 1969, ch. 292, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 44 - Agreement On Detainers › 22-4403 nforcement and cooperation.

22-4403.
E
nforcement and cooperation.
All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
History:
L. 1969, ch. 292, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 44 - Agreement On Detainers › 22-4404 pplication of habitual act.

22-4404.
A
pplication of habitual act.
Nothing in this act or in the agreement on detainers shall be construed to require the application of the habitual act to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of said agreement.
History:
L. 1969, ch. 292, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 44 - Agreement On Detainers › 22-4405 scape from custody; felony; penalty.

22-4405.
E
sca
pe from custody; felony; penalty.
Any person who shall escape from custody while in this state pursuant to the agreement on detainers shall be guilty of a felony and upon conviction thereof shall be imprisoned for a term of not less than one nor more than 10 years. On or after July 1, 1993, any person who shall escape from custody while in this state pursuant to the agreement on detainers shall be guilty of an unranked felony and upon conviction the court shall fix an appropriate sentence.
History:
L. 1969, ch. 292, § 5; L. 1992, ch. 239, § 279; July 1, 1993.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 44 - Agreement On Detainers › 22-4406 elivery of person under terms of agreement.

22-4406.
D
elivery of person under terms of agreement.
It shall be lawful and mandatory upon the warden, superintendent or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers.
History:
L. 1969, ch. 292, § 6; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 44 - Agreement On Detainers › 22-4407 entral administrator.

22-4407.
C
entral administrator.
The governor shall designate an appropriate state officer or employee to serve as central administrator of and information agent for the agreement on detainers.
History:
L. 1969, ch. 292, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 44 - Agreement On Detainers › 22-4408 ransmittal of act to authorities of other states.

22-4408.
T
ransmittal of act to authorities of other states.
Copies of this act shall be transmitted by the secretary of state to the governor of each state, the attorney general and the secretary of state of the United States, and the council of state governments.
History:
L. 1969, ch. 292, § 8; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4501 Panel of attorneys for indigents' defense services; eligibility; amendment, review and approval; appointments to aid defendants, method.

22-4501.
Panel of attorneys for indigents' defense services; eligibility; amendment, review and approval; appointments to aid defendants, method.
(a) The judge or judges of the district court of each county shall prepare, and file in the office of the clerk of the district court, a list of attorneys who are eligible for assignment to represent indigent persons accused of crimes, such list to be known as the panel for indigents' defense services.
(b) Each member of the panel for indigents' defense services shall be available to represent indigent defendants upon the appointment of any judge of the district court of the judicial district in which such member maintains an office for the practice of law, or any adjacent judicial district. All such appointments shall be in accordance with the applicable system for providing legal defense services for indigent persons prescribed by the state board of indigents' defense services for the county or judicial district. A judge of the district court may appoint an attorney who is a member of the panel for indigents' defense services of a county other than the county where the case is pending only after such judge of the district court has found that no member of the panel for indigents' defense services of the county where the case is pending is eligible or qualified to represent the defendant.
(c) The panel for indigents' defense services may be amended by the addition of names thereto or the deletion of names therefrom whenever the removal of attorneys to or from the district or any other cause makes such action appropriate, and at least once annually it shall be reviewed and approved by the judge or judges of the district court of the county.
(d) The state board of indigents' defense services shall provide by rule and regulation for the assignment of attorneys to the panel for indigents' defense services, for the distribution of the list of panel members to the judges of the district court and law enforcement officials of the judicial district, and for the appointment, by rotation or otherwise, of counsel from the panel for indigents' defense services to represent indigent persons charged with crimes in such cases and under such circumstances as may be required by law.
History:
L. 1969, ch. 291, § 1; L. 1976, ch. 145, § 110; L. 1982, ch. 142, § 11; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4502 rocedure to obtain services for representation before appearance.

22-4502.
P
rocedure to obtain services for representation before appearance.
The state board for indigents' defense services shall prescribe by rule and regulation the procedure to be followed by law enforcement officials in obtaining the services of counsel from the panel for indigents' defense services to represent indigent persons detained by such law enforcement officials prior to appearance before a court.
History:
L. 1969, ch. 291, § 2; L. 1982, ch. 142, § 12; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4508 nvestigative, expert and other services; ex parte proceedings; compensation; claim, approval, payment.

22-4508.
I
nvestigative, expert and other services; ex parte proceedings; compensation; claim, approval, payment.
An attorney other than a public defender who acts as counsel for a defendant who is financially unable to obtain investigative, expert or other services necessary to an adequate defense in the defendant's case may request them in an ex parte application addressed to the district court where the action is pending. Upon finding, after appropriate inquiry in the ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the district court shall authorize counsel to obtain the services on behalf of the defendant. The district court may, in the interests of justice, and upon a finding that timely procurement of necessary services could not await prior authorization, ratify such services after they have been obtained. Within the standards and guidelines adopted by the state board of indigents' defense services, the district court shall determine reasonable compensation for the services and approve payment to the organization or person who rendered them upon the filing of a certified claim for compensation supported by a written statement specifying the time expended, services rendered, expenses incurred on behalf of the defendant, and the compensation received in the same case or for the same services from any other source. Payment shall be made in the manner provided in K.S.A. 22-4507, and amendments thereto.
History:
L. 1969, ch. 291, § 8; L. 1982, ch. 142, § 18; L. 1984, ch. 133, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4509 ranscripts.

22-4509.
T
ranscripts.
Whenever it is determined that a transcript of all or some part of the trial or other proceeding is necessary to enable a person who is entitled to appeal, or to pursue another post-conviction remedy, to present such person's cause adequately and it is further determined that the appellant or petitioner or movant is financially unable to pay for the preparation of such transcript, the district court shall order that the transcript be supplied to the appellant or petitioner or movant by the official reporter of the district court.
History:
L. 1969, ch. 291, § 9; L. 1976, ch. 163, § 25; L. 1982, ch. 142, § 19; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4510 eimbursement of state treasury; payment under act exclusive.

22-4510.
R
eimbursement of state treasury; payment under act exclusive.
Whenever the court finds that funds are available for payment from or on behalf of a defendant, the court shall direct that such funds be paid to the court for deposit in the state treasury to the credit of the state general fund as provided in subsection (c) of K.S.A. 22-4504, and amendments thereto, as reimbursement to the appropriation current at the time of payment, to carry out the provisions of this act. Except as authorized or directed under this act, no person or organization may request or accept any payment or promise of payment for representation or services performed for a defendant pursuant to court appointment or order.
History:
L. 1969, ch. 291, § 10; L. 1976, ch. 169, § 2; L. 1982, ch. 142, § 20; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4511 ermination of appointment or reimbursement after appointment of counsel, when; counsel after proceedings begun; substitutions.

22-4511.
T
ermination of appointment or reimbursement after appointment of counsel, when; counsel after proceedings begun; substitutions.
(a) If at any time after appointment of counsel the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel or to make partial payment for representation, the court may terminate the appointment of counsel or authorize payment as provided in K.S.A. 22-4504 or 22-4510, and amendments thereto, as the interests of justice may dictate.
(b) If at any stage of the proceedings, including appeal, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom the defendant has retained, the court may appoint counsel as provided in K.S.A. 22-4503, 22-4505 or 22-4506, and amendments thereto, and authorize payment as provided in K.S.A. 22-4507, and amendments thereto, as the interests of justice may dictate.
(c) The court having jurisdiction of the case may, in the interests of justice, substitute one appointed counsel for another at any stage of the proceeding.
History:
L. 1969, ch. 291, § 11; L. 1982, ch. 142, § 21; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4512 Transfer of funds to general fund; liabilities imposed on state board; special funds abolished.

22-4512.
Transfer of funds to general fund; liabilities imposed on state board; special funds abolished.
(a) On the effective date of this act, the director of accounts and reports shall transfer all moneys in the aid to indigent defendants fund and all moneys in the aid to indigent defendants reimbursement fund to the state general fund.
(b) On the effective date of this act, all liabilities of the aid to indigent defendants fund and all liabilities of the aid to indigent defendants reimbursement fund existing prior to that date are hereby imposed on the state board of indigents' defense services.
(c) The aid to indigent defendants fund and the aid to indigent defendants reimbursement fund are hereby abolished.
History: L. 1969, ch. 291, § 12; L. 1982, ch. 141, § 2; L. 1982, ch. 142, § 22; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4512a Duties of court appointing counsel or authorizing expenditures to be charged against fund.

22-4512a.
Duties of court appointing counsel or authorizing expenditures to be charged against fund.
Whenever a court appoints counsel for an indigent defendant or a material witness held in custody or authorizes any expenditure which may be a charge against the state board of indigents' defense services, the court shall promptly forward to the board a copy of the order making the appointment or authorizing the expenditure, together with any other information and in the form required by rules and regulations of the board.
History:
L. 1971, ch. 120, § 1; L. 1982, ch. 141, § 3; L. 1982, ch. 142, § 23; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4513 Liability of defendant for expenditures by state board; judgment; determination of amount and method of payment; liability of others for expenditures.

22-4513.
Liability of defendant for expenditures by state board; judgment; determination of amount and method of payment; liability of others for expenditures.
(a) If the defendant is convicted, all expenditures made by the state board of indigents' defense services to provide counsel and other defense services to such defendant or the amount allowed by the board of indigents' defense reimbursement tables as provided in K.S.A. 22-4522, and amendments thereto, whichever is less, shall be taxed against the defendant and shall be enforced as judgments for payment of money in civil cases.
(b) In determining the amount and method of payment of such sum, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of such sum will impose. A defendant who has been required to pay such sum and who is not willfully in default in the payment thereof may at any time petition the court which sentenced the defendant to waive payment of such sum or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may waive payment of all or part of the amount due or modify the method of payment.
(c) Whenever any judgment has been entered pursuant to subsection (a) of this section, a sum equal to such judgment may be recovered by the state of Kansas for the benefit of the state general fund from any persons to whom the indigent defendant shall have transferred any of the defendant's property without adequate monetary consideration after the commission of the alleged crime, to the extent of the value of such transfer, and such persons are hereby made liable to reimburse the state of Kansas with interest at 6% per annum. Any action to recover judgment for such expenditures shall be prosecuted by the attorney general, who may require the assistance of the county attorney of the county in which the action is to be filed, and such action shall be governed by the provisions of the code of civil procedure relating to actions for the recovery of money. No action shall be brought against any person under the provisions of this section to recover for sums expended on behalf of an indigent defendant, unless such action shall have been filed within two years after the date of the expenditure by the state board of indigents' defense services.
History:
L. 1969, ch. 291, § 13; L. 1976, ch. 169, § 3; L. 1981, ch. 157, § 2; L. 1982, ch. 142, § 24; L. 1997, ch. 181, § 23; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4514a Domestic nonprofit corporations providing legal services to indigent inmates; submission of budget to state board; payments to corporation; annual statement of expenditures.

22-4514a. Domestic nonprofit corporations providing legal services to indigent inmates; submission of budget to state board; payments to corporation; annual statement of expenditures.
(a) Any nonprofit corporation, organized under the laws of the state of Kansas for the purpose of providing legal services to indigent inmates of Kansas correctional institutions may submit its annual operating budget for the next fiscal year of the state, including salaries and all other expenses of operation, to the state board of indigents' defense services. Such budget shall set forth the maximum obligation of financial aid and contributions proposed for payment by the state board of indigents' defense services and the availability of any additional funds from the federal government and other sources to meet such operating costs.
(b) If such budget is approved by the state board of indigents' defense services, the amount of the maximum obligation of financial aid to be paid by the state board of indigents' defense services as set forth in the approved budget may then be paid in a lump sum amount to the corporation on July 1 of the next fiscal year.
(c) After the end of the fiscal year, any such nonprofit corporation shall furnish an audited statement of actual expenditures incurred to the director of the budget. Any balance remaining unused shall be applied to the next budget for the purposes specified in this section.
History:
L. 1974, ch. 153, § 1; L. 1982, ch. 142, § 25; L. 2021, ch. 36, § 1; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4515 everability of act.

22-4515.
S
everability of act.
If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
History:
L. 1969, ch. 291, § 15; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4518 Applicability of laws relating to aid to indigent defendants.

22-4518.
Applicability of laws relating to aid to indigent defendants.
Except as otherwise stated herein, all provisions of K.S.A. 22-4501 to 22-4514, inclusive, shall be applicable to the operation of the district defender office, and all legal services provided by the district defender and any deputy district defender.
History:
L. 1971, ch. 121, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4519 ppointment and terms; qualifications.

22-4519.
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ppointment and terms; qualifications.
(a) There is hereby created within the executive branch of state government the state board of indigents' defense services, which shall consist of nine members appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, no person appointed to the commission* shall exercise any power, duty or function as a member of the commission* until confirmed by the senate.
(b) The terms of members who are serving on the board on the effective date of this act shall expire on January 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, all appointments shall be for terms of three years and until their successors are appointed and confirmed.
(c) Of the nine members of the board, there shall be:
(1) Subject to the provisions of K.S.A. 75-4315c, and amendments thereto, two members from the first congressional district, of whom one shall be a lawyer registered with the Kansas supreme court, and at least one member from each other congressional district in the state;
(2) at least one member from each county in the state having a population in excess of 100,000, who shall be a lawyer registered with the Kansas supreme court, but not more than five members from such counties; and
(3) five members who are lawyers registered with the Kansas supreme court and four members who are not lawyers.
(d) No more than five members of the board shall be from the same political party.
(e) No member of the board shall be, or shall be employed by, a judicial officer or a law enforcement officer and no member of the board shall be an employee of the board.
(f) Any member appointed to fill a vacancy occurring prior to the expiration of the term for which such member's predecessor was appointed shall hold office for the remainder of such term.
(g) No member of the board shall serve more than two consecutive three-year terms.
History:
L. 1982, ch. 142, § 1; L. 1992, ch. 262, § 3; L. 1995, ch. 241, § 4; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4520 rohibition on interfering with professional duties of counsel.

22-4520.
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rohibition on interfering with professional duties of counsel.
The state board of indigents' defense services shall not make any decision regarding the handling of any case nor interfere with the appointed counsel, contract counsel or public defender, or any member of the staff thereof, in carrying out their professional duties.
History:
L. 1982, ch. 142, § 2; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4521 eetings; officers; quorum; compensation and allowances.

22-4521.
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eetings; officers; quorum; compensation and allowances.
(a) At the first meeting of the state board of indigents' defense services and at the first meeting held each calendar year thereafter, the board shall elect a chairperson and a secretary from among its members.
(b) The board shall meet at least quarterly and at such other times as called by the chairperson. Meetings of the board shall be at such places as the board determines.
(c) Five members of the board constitute a quorum for the transaction of business and the affirmative vote of five members of the board is required for any action by the board.
(d) The members of the board shall receive compensation and travel expenses and subsistence expenses or allowances as provided in K.S.A. 75-3212.
History:
L. 1982, ch. 142, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4522 owers and duties.

22-4522.
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owers and duties.
The state board of indigents' defense services shall:
(a) Provide, supervise and coordinate, in the most efficient and economical manner possible, the constitutionally and statutorily required counsel and related services for each indigent person accused of a felony and for such other indigent persons as prescribed by statute;
(b) establish, in each county or combination of counties designated by the board, a system of appointed counsel, contractual arrangements for providing contract counsel or public defender offices, or any combination thereof, on a full- or part-time basis, for the delivery of legal services for indigent persons accused of felonies;
(c) approve an annual operating budget for the board and submit that budget as provided in K.S.A. 75-3717, and amendments thereto;
(d) collect payments from indigent defendants as ordered by the court by methods including, but not limited to, utilization of debt collection procedures authorized by K.S.A. 75-6201 et seq., and amendments thereto;
(e) adopt rules and regulations in accordance with K.S.A. 77-415 et seq., and amendments thereto, which are necessary for the operation of the board and the performance of its duties and for the guidance of appointed counsel, contract counsel and public defenders, including, but not limited to:
(1) Standards for entitlement to legal representation at public expense;
(2) standards and guidelines for compensation of appointed counsel and investigative, expert and other services within the limits of appropriations;
(3) criteria for employing contract counsel;
(4) qualifications, standards and guidelines for public defenders, appointed counsel and contract counsel; and
(5) adopt and maintain reimbursement tables which set forth the cost to the board of indigents' defense services for each separate category of service provided;
(f) prepare and submit to the governor and legislature an annual report on the operations of the board; and
(g) hold a hearing before changing the system for providing legal services for indigent persons accused of felonies in any county or judicial district if such a hearing is requested by two or more members of the board.
History:
L. 1982, ch. 142, § 4; L. 1997, ch. 181, § 24; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4523 dditional powers.

22-4523.
A
dditional powers.
The state board of indigents' defense services may:
(a) Accept the services of volunteer workers and consultants at no compensation other than reimbursement of actual and necessary expenses;
(b) prepare and publish statistical and case studies and other data pertinent to the legal representation of indigent persons;
(c) conduct programs having a general objective of training and educating attorneys and other persons who are involved in the legal representation of indigent persons;
(d) appoint public defenders and provide for the establishment and staffing of public defender offices;
(e) enter into contracts pursuant to competitive bids or by negotiation, as determined and administered by the board, with one or more attorneys or professional corporations providing legal services, or any combination thereof, to provide for legal defense services for indigent persons, and no such contract shall be subject to the provisions of K.S.A. 75-3739, and amendments thereto;
(f) enter into contracts with cities or counties to provide, at the expense of the city or county, for the defense of misdemeanors or other defense services required to be provided at public expense;
(g) provide technical aid and assistance to counsel providing legal representation to indigent persons, including assistance on appeals; and
(h) accept and expend governmental and private grants.
History:
L. 1982, ch. 142, § 5; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4524 State director of indigents' defense services; civil service status of director and other officers and employees.

22-4524.
State director of indigents' defense services; civil service status of director and other officers and employees.
(a) There is hereby created the position of state director of indigents' defense services. The director shall be in the unclassified service under the Kansas civil service act, shall be appointed by the state board of indigents' defense services and shall devote full time to the performance of the duties of the office of director.
(b) The state director of indigents' defense services, the assistant director and all attorneys appointed or employed by the state board of indigents' defense services shall be in the unclassified service under the Kansas civil service act. All other officers and employees of the board shall be in the classified service.
(c) Each person who has been employed continuously for at least the six-month period immediately prior to the effective date of this act who is an officer or employee of the board, which is placed in the classified service under the Kansas civil service act by this act, shall continue in such position and shall attain permanent status in that classified position without examination and without a probationary period. Such person shall retain all retirement benefits earned prior to the effective date of this act and such person's service shall be deemed to have been continuous.
History:
L. 1982, ch. 142, § 6; L. 1988, ch. 331, § 3; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4525 uties of the state director.

22-4525.
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uties of the state director.
The state director of indigents' defense services shall be chief executive officer of the state board of indigents' defense services. In addition thereto, the director shall:
(a) Supervise the operation, policies and procedures of the office of the board;
(b) prepare and submit to the board an annual report of the operation of the office in such form as the board directs; and
(c) perform such other duties as the board requires.
History:
L. 1982, ch. 142, § 7; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4526 Disposition of moneys received under contracts with cities and counties.

22-4526.
Disposition of moneys received under contracts with cities and counties.
All moneys received by the state board of indigents' defense services under contracts entered into with one or more cities or counties under subsection (f) of K.S.A. 22-4523, and amendments thereto, shall be remitted by the board to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the indigents defense services fund.
History:
L. 1982, ch. 142, § 8; L. 1988, ch. 118, § 1; L. 2001, ch. 5, § 83; July 1.
2023 Kansas Statutes › Chapter 22 - Criminal Procedure › Article 45 - Aid To Indigent Defendants › 22-4528 Citation of act.

22-4528.
Citation of act.
The provisions of K.S.A. 22-4501 to 22-4518, inclusive, and amendments thereto, and K.S.A. 22-4519 to 22-4528, inclusive, shall be construed together and may be cited as the indigents' defense services act.
History:
L. 1982, ch. 142, § 10; July 1.