Session of 2023
SENATE BILL No. 190
By Committee on Judiciary
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AN ACT concerning crimes, punishment and criminal procedure; release
prior to trial; requiring a waiver of extradition proceedings as a
condition of release prior to trial for any person charged with a felony;
amending K.S.A. 2022 Supp. 22-2802 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 22-2802 is hereby amended to read as
follows: 22-2802. (1)(a) Any person charged with a crime shall, at the
person's first appearance before a magistrate, be ordered released pending
preliminary examination or trial upon the execution of an appearance bond
in an amount specified by the magistrate and sufficient to assure the
appearance of such person before the magistrate when ordered and to
assure the public safety. If the person is being bound over for a felony, the
bond shall also be conditioned on the person's appearance in the district
court or by way of a two-way electronic audio-video communication as
provided in subsection (14) (o) at the time required by the court to answer
the charge against such person and at any time thereafter that the court
requires. Unless the magistrate makes a specific finding otherwise, if the
person is being bonded out for a person felony or a person misdemeanor,
the bond shall be conditioned on the person being prohibited from having
any contact with the alleged victim of such offense for a period of at least
72 hours. The magistrate may impose such of the following additional
conditions of release as will reasonably assure the appearance of the
person for preliminary examination or trial:
(a)(1) Place the person in the custody of a designated person or
organization agreeing to supervise such person;
(b)(2) place restrictions on the travel, association or place of abode of
the person during the period of release;
(c)(3) impose any other condition deemed reasonably necessary to
assure appearance as required, including a condition requiring that the
person return to custody during specified hours;
(d)(4) place the person under a house arrest program pursuant to
K.S.A. 2022 Supp. 21-6609, and amendments thereto; or
(e)(5) place the person under the supervision of a court services
officer responsible for monitoring the person's compliance with any
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conditions of release ordered by the magistrate. The magistrate may order
the person to pay for any costs associated with the supervision provided by
the court services department in an amount not to exceed $15 per week of
such supervision. The magistrate may also order the person to pay for all
other costs associated with the supervision and conditions for compliance
in addition to the $15 per week.
(2)(b) In addition to any conditions of release provided in subsection
(1) (a), for any person charged with a felony, the magistrate may order
such person to submit to a drug and alcohol abuse examination and
evaluation in a public or private treatment facility or state institution and,
if determined by the head of such facility or institution that such person is
a drug or alcohol abuser or is incapacitated by drugs or alcohol, to submit
to treatment for such drug or alcohol abuse, as a condition of release.
(3)(c) In addition to any conditions of release provided in subsection
(a), for any person charged with a felony, the magistrate shall order such
person to execute a waiver of extradition:
(1) Stating that such person consents to extradition to Kansas and
waives all procedures incidental to extradition proceedings pursuant to
article 27 of chapter 22 of the Kansas Statutes Annotated, and
amendments thereto, or any other law if such person is arrested in another
state while on bond; and
(2) acknowledging that such person shall not be released prior to
trial in any other state pending extradition to Kansas.
(d) The appearance bond shall be executed with sufficient solvent
sureties who are residents of the state of Kansas, unless the magistrate
determines, in the exercise of such magistrate's discretion, that requiring
sureties is not necessary to assure the appearance of the person at the time
ordered.
(4)(e) A deposit of cash in the amount of the bond may be made in
lieu of the execution of the bond pursuant to subsection (3) (d). Except as
provided in subsection (5) (f), such deposit shall be in the full amount of
the bond and in no event shall a deposit of cash in less than the full amount
of bond be permitted. Any person charged with a crime who is released on
a cash bond shall be entitled to a refund of all moneys paid for the cash
bond, after deduction of any outstanding restitution, costs, fines and fees,
after the final disposition of the criminal case if the person complies with
all requirements to appear in court. The court may not exclude the option
of posting bond pursuant to subsection (3) (d).
(5)(f) Except as provided further, the amount of the appearance bond
shall be the same whether executed as described in subsection (3) (d) or
posted with a deposit of cash as described in subsection (4) (e). When the
appearance bond has been set at $2,500 or less and the most serious charge
against the person is a misdemeanor, a severity level 8, 9 or 10 nonperson
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felony, a drug severity level 4 felony committed prior to July 1, 2012, a
drug severity level 5 felony committed on or after July 1, 2012, or a
violation of K.S.A. 8-1567, and amendments thereto, the magistrate may
allow the person to deposit cash with the clerk in the amount of 10% of the
bond, provided the person meets at least the following qualifications:
(A)(1) Is a resident of the state of Kansas;
(B)(2) has a criminal history score category of G, H or I;
(C)(3) has no prior history of failure to appear for any court
appearances;
(D)(4) has no detainer or hold from any other jurisdiction;
(E)(5) has not been extradited from, and is not awaiting extradition
to, another state; and
(F)(6) has not been detained for an alleged violation of probation.
(6)(g) In the discretion of the court, a person charged with a crime
may be released upon the person's own recognizance by guaranteeing
payment of the amount of the bond for the person's failure to comply with
all requirements to appear in court. The release of a person charged with a
crime upon the person's own recognizance shall not require the deposit of
any cash by the person.
(7)(h) The court shall not impose any administrative fee.
(8)(i) In determining which conditions of release will reasonably
assure appearance and the public safety, the magistrate shall, on the basis
of available information, take into account the nature and circumstances of
the crime charged; the weight of the evidence against the defendant;
whether the defendant is lawfully present in the United States; the
defendant's family ties, employment, financial resources, character, mental
condition, length of residence in the community, record of convictions,
record of appearance or failure to appear at court proceedings or of flight
to avoid prosecution; the likelihood or propensity of the defendant to
commit crimes while on release, including whether the defendant will be
likely to threaten, harass or cause injury to the victim of the crime or any
witnesses thereto; and whether the defendant is on probation or parole
from a previous offense at the time of the alleged commission of the
subsequent offense.
(9)(j) The appearance bond shall set forth all of the conditions of
release.
(10)(k) A person for whom conditions of release are imposed and
who continues to be detained as a result of the person's inability to meet
the conditions of release shall be entitled, upon application, to have the
conditions reviewed without unnecessary delay by the magistrate who
imposed them. If the magistrate who imposed conditions of release is not
available, any other magistrate in the county may review such conditions.
(11)(l) A magistrate ordering the release of a person on any
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conditions specified in this section may at any time amend the order to
impose additional or different conditions of release. If the imposition of
additional or different conditions results in the detention of the person, the
provisions of subsection (10) (k) shall apply.
(12)(m) Statements or information offered in determining the
conditions of release need not conform to the rules of evidence. No
statement or admission of the defendant made at such a proceeding shall
be received as evidence in any subsequent proceeding against the
defendant.
(13)(n) The appearance bond and any security required as a condition
of the defendant's release shall be deposited in the office of the magistrate
or the clerk of the court where the release is ordered. If the defendant is
bound to appear before a magistrate or court other than the one ordering
the release, the order of release, together with the bond and security shall
be transmitted to the magistrate or clerk of the court before whom the
defendant is bound to appear.
(14)(o) Proceedings before a magistrate as provided in this section to
determine the release conditions of a person charged with a crime
including release upon execution of an appearance bond may be conducted
by two-way electronic audio-video communication between the defendant
and the judge in lieu of personal presence of the defendant or defendant's
counsel in the courtroom in the discretion of the court. The defendant may
be accompanied by the defendant's counsel. The defendant shall be
informed of the defendant's right to be personally present in the courtroom
during such proceeding if the defendant so requests. Exercising the right to
be present shall in no way prejudice the defendant.
(15)(p) The magistrate may order the person to pay for any costs
associated with the supervision of the conditions of release of the
appearance bond in an amount not to exceed $15 per week of such
supervision. As a condition of sentencing under K.S.A. 2022 Supp. 21-
6604, and amendments thereto, the court may impose the full amount of
any such costs in addition to the $15 per week, including, but not limited
to, costs for treatment and evaluation under subsection (2) (b).
Sec. 2. K.S.A. 2022 Supp. 22-2802 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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