KS
Kansas Senate Bill SB190

Kansas 2023-2024 Regular Session

Kansas Senate Bill SB190 Compare Versions

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11 Session of 2023
22 SENATE BILL No. 190
33 By Committee on Judiciary
44 2-7
55 AN ACT concerning crimes, punishment and criminal procedure; release
66 prior to trial; requiring a waiver of extradition proceedings as a
77 condition of release prior to trial for any person charged with a felony;
88 amending K.S.A. 2022 Supp. 22-2802 and repealing the existing
99 section.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 Section 1. K.S.A. 2022 Supp. 22-2802 is hereby amended to read as
1212 follows: 22-2802. (1)(a) Any person charged with a crime shall, at the
1313 person's first appearance before a magistrate, be ordered released pending
1414 preliminary examination or trial upon the execution of an appearance bond
1515 in an amount specified by the magistrate and sufficient to assure the
1616 appearance of such person before the magistrate when ordered and to
1717 assure the public safety. If the person is being bound over for a felony, the
1818 bond shall also be conditioned on the person's appearance in the district
1919 court or by way of a two-way electronic audio-video communication as
2020 provided in subsection (14) (o) at the time required by the court to answer
2121 the charge against such person and at any time thereafter that the court
2222 requires. Unless the magistrate makes a specific finding otherwise, if the
2323 person is being bonded out for a person felony or a person misdemeanor,
2424 the bond shall be conditioned on the person being prohibited from having
2525 any contact with the alleged victim of such offense for a period of at least
2626 72 hours. The magistrate may impose such of the following additional
2727 conditions of release as will reasonably assure the appearance of the
2828 person for preliminary examination or trial:
2929 (a)(1) Place the person in the custody of a designated person or
3030 organization agreeing to supervise such person;
3131 (b)(2) place restrictions on the travel, association or place of abode of
3232 the person during the period of release;
3333 (c)(3) impose any other condition deemed reasonably necessary to
3434 assure appearance as required, including a condition requiring that the
3535 person return to custody during specified hours;
3636 (d)(4) place the person under a house arrest program pursuant to
3737 K.S.A. 2022 Supp. 21-6609, and amendments thereto; or
3838 (e)(5) place the person under the supervision of a court services
3939 officer responsible for monitoring the person's compliance with any
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7676 conditions of release ordered by the magistrate. The magistrate may order
7777 the person to pay for any costs associated with the supervision provided by
7878 the court services department in an amount not to exceed $15 per week of
7979 such supervision. The magistrate may also order the person to pay for all
8080 other costs associated with the supervision and conditions for compliance
8181 in addition to the $15 per week.
8282 (2)(b) In addition to any conditions of release provided in subsection
8383 (1) (a), for any person charged with a felony, the magistrate may order
8484 such person to submit to a drug and alcohol abuse examination and
8585 evaluation in a public or private treatment facility or state institution and,
8686 if determined by the head of such facility or institution that such person is
8787 a drug or alcohol abuser or is incapacitated by drugs or alcohol, to submit
8888 to treatment for such drug or alcohol abuse, as a condition of release.
8989 (3)(c) In addition to any conditions of release provided in subsection
9090 (a), for any person charged with a felony, the magistrate shall order such
9191 person to execute a waiver of extradition:
9292 (1) Stating that such person consents to extradition to Kansas and
9393 waives all procedures incidental to extradition proceedings pursuant to
9494 article 27 of chapter 22 of the Kansas Statutes Annotated, and
9595 amendments thereto, or any other law if such person is arrested in another
9696 state while on bond; and
9797 (2) acknowledging that such person shall not be released prior to
9898 trial in any other state pending extradition to Kansas.
9999 (d) The appearance bond shall be executed with sufficient solvent
100100 sureties who are residents of the state of Kansas, unless the magistrate
101101 determines, in the exercise of such magistrate's discretion, that requiring
102102 sureties is not necessary to assure the appearance of the person at the time
103103 ordered.
104104 (4)(e) A deposit of cash in the amount of the bond may be made in
105105 lieu of the execution of the bond pursuant to subsection (3) (d). Except as
106106 provided in subsection (5) (f), such deposit shall be in the full amount of
107107 the bond and in no event shall a deposit of cash in less than the full amount
108108 of bond be permitted. Any person charged with a crime who is released on
109109 a cash bond shall be entitled to a refund of all moneys paid for the cash
110110 bond, after deduction of any outstanding restitution, costs, fines and fees,
111111 after the final disposition of the criminal case if the person complies with
112112 all requirements to appear in court. The court may not exclude the option
113113 of posting bond pursuant to subsection (3) (d).
114114 (5)(f) Except as provided further, the amount of the appearance bond
115115 shall be the same whether executed as described in subsection (3) (d) or
116116 posted with a deposit of cash as described in subsection (4) (e). When the
117117 appearance bond has been set at $2,500 or less and the most serious charge
118118 against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson
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162162 felony, a drug severity level 4 felony committed prior to July 1, 2012, a
163163 drug severity level 5 felony committed on or after July 1, 2012, or a
164164 violation of K.S.A. 8-1567, and amendments thereto, the magistrate may
165165 allow the person to deposit cash with the clerk in the amount of 10% of the
166166 bond, provided the person meets at least the following qualifications:
167167 (A)(1) Is a resident of the state of Kansas;
168168 (B)(2) has a criminal history score category of G, H or I;
169169 (C)(3) has no prior history of failure to appear for any court
170170 appearances;
171171 (D)(4) has no detainer or hold from any other jurisdiction;
172172 (E)(5) has not been extradited from, and is not awaiting extradition
173173 to, another state; and
174174 (F)(6) has not been detained for an alleged violation of probation.
175175 (6)(g) In the discretion of the court, a person charged with a crime
176176 may be released upon the person's own recognizance by guaranteeing
177177 payment of the amount of the bond for the person's failure to comply with
178178 all requirements to appear in court. The release of a person charged with a
179179 crime upon the person's own recognizance shall not require the deposit of
180180 any cash by the person.
181181 (7)(h) The court shall not impose any administrative fee.
182182 (8)(i) In determining which conditions of release will reasonably
183183 assure appearance and the public safety, the magistrate shall, on the basis
184184 of available information, take into account the nature and circumstances of
185185 the crime charged; the weight of the evidence against the defendant;
186186 whether the defendant is lawfully present in the United States; the
187187 defendant's family ties, employment, financial resources, character, mental
188188 condition, length of residence in the community, record of convictions,
189189 record of appearance or failure to appear at court proceedings or of flight
190190 to avoid prosecution; the likelihood or propensity of the defendant to
191191 commit crimes while on release, including whether the defendant will be
192192 likely to threaten, harass or cause injury to the victim of the crime or any
193193 witnesses thereto; and whether the defendant is on probation or parole
194194 from a previous offense at the time of the alleged commission of the
195195 subsequent offense.
196196 (9)(j) The appearance bond shall set forth all of the conditions of
197197 release.
198198 (10)(k) A person for whom conditions of release are imposed and
199199 who continues to be detained as a result of the person's inability to meet
200200 the conditions of release shall be entitled, upon application, to have the
201201 conditions reviewed without unnecessary delay by the magistrate who
202202 imposed them. If the magistrate who imposed conditions of release is not
203203 available, any other magistrate in the county may review such conditions.
204204 (11)(l) A magistrate ordering the release of a person on any
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248248 conditions specified in this section may at any time amend the order to
249249 impose additional or different conditions of release. If the imposition of
250250 additional or different conditions results in the detention of the person, the
251251 provisions of subsection (10) (k) shall apply.
252252 (12)(m) Statements or information offered in determining the
253253 conditions of release need not conform to the rules of evidence. No
254254 statement or admission of the defendant made at such a proceeding shall
255255 be received as evidence in any subsequent proceeding against the
256256 defendant.
257257 (13)(n) The appearance bond and any security required as a condition
258258 of the defendant's release shall be deposited in the office of the magistrate
259259 or the clerk of the court where the release is ordered. If the defendant is
260260 bound to appear before a magistrate or court other than the one ordering
261261 the release, the order of release, together with the bond and security shall
262262 be transmitted to the magistrate or clerk of the court before whom the
263263 defendant is bound to appear.
264264 (14)(o) Proceedings before a magistrate as provided in this section to
265265 determine the release conditions of a person charged with a crime
266266 including release upon execution of an appearance bond may be conducted
267267 by two-way electronic audio-video communication between the defendant
268268 and the judge in lieu of personal presence of the defendant or defendant's
269269 counsel in the courtroom in the discretion of the court. The defendant may
270270 be accompanied by the defendant's counsel. The defendant shall be
271271 informed of the defendant's right to be personally present in the courtroom
272272 during such proceeding if the defendant so requests. Exercising the right to
273273 be present shall in no way prejudice the defendant.
274274 (15)(p) The magistrate may order the person to pay for any costs
275275 associated with the supervision of the conditions of release of the
276276 appearance bond in an amount not to exceed $15 per week of such
277277 supervision. As a condition of sentencing under K.S.A. 2022 Supp. 21-
278278 6604, and amendments thereto, the court may impose the full amount of
279279 any such costs in addition to the $15 per week, including, but not limited
280280 to, costs for treatment and evaluation under subsection (2) (b).
281281 Sec. 2. K.S.A. 2022 Supp. 22-2802 is hereby repealed.
282282 Sec. 3. This act shall take effect and be in force from and after its
283283 publication in the statute book.
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