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10  AN ACT concerning extradition; relating to the release of certain pris-
11    oners; amending K.S.A. 22-2713 and repealing the existing section.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 22-2713 is hereby amended to read as follows: 22-
15  2713. (a) Whenever any person within this state is charged on the oath
16  of any credible person before any judge or magistrate of this state with
17  the commission of any crime in any other state and, except in cases arising
18  under K.S.A. 22-2706 and amendments thereto, with having fled from
19  justice, or with having been convicted of a crime in that state and having
20  escaped from confinement, or having broken the terms of the person's
21  bail, probation, assignment to a community correctional services program,
22  postrelease supervision or parole, or with being under sentence, some
23  portion of which remains unexecuted, from which such person has not
24  been paroled, placed on postrelease supervision or discharged or other-
25  wise released, or whenever complaint has been made before any judge
26  or magistrate in this state setting forth on the affidavit of any credible
27  person in another state that a crime has been committed in such other
28  state and that the accused has been charged in such state with the com-
29  mission of the crime, and, except in cases arising under K.S.A. 22-2706
30  and amendments thereto, has fled from justice, or with having been con-
31  victed of a crime in that state and having escaped from confinement, or
32  having broken the terms of the person's bail, probation, assignment to a
33  community correctional services program, postrelease supervision or pa-
34  role, or with being under sentence, some portion of which remains unex-
35  ecuted, from which such person has not been paroled, placed on post-
36  release supervision or discharged or otherwise released, and is believed
37  to be in this state, the judge or magistrate shall issue a warrant directed
38  to any law enforcement officer commanding the apprehension of the per-
39  son named therein, wherever such person may be found in this state, and
40  to bring such person before the same or any other judge, magistrate or
41  court who or which may be available in or convenient of access to the
42  place where the arrest may be made, to answer the charge or complaint
43  and affidavit, and a certified copy of the sworn charge or complaint and
HB 2013--Am.
                                     

 1  affidavit upon which the warrant is issued shall be attached to the warrant.
 2    (b)  Whenever any person who has broken the terms of such person's
 3  probation, postrelease supervision, parole or who has an unexpired sen-
 4  tence and who is currently held and is subsequently being released from
 5  custody of the United States Penitentiary at Leavenworth, Kansas, and a
 6  warrant for the apprehension of such person has been issued pursuant to
 7  subsection (a), the duly accredited officers, or such officers' designees, of
 8  a foreign state may enter the state of Kansas to apprehend such person.
 9  Any person incarcerated in any federal facility may be released to
10  the custody of the duly accredited officers, or such officer's des-
11  ignees, of a foreign state, if:
12    (1)  Such person has violated the terms of such person's pro-
13  bation, postrelease supervision, parole or who has an unexpired
14  sentence in the foreign state;
15    (2)  the foreign state has personal jurisdiction over such person;
16  and
17    (3)  the foreign state has issued a valid warrant for the appre-
18  hension of such person. For that purpose no formalities shall be re-
19  quired other than establishing the authority of the officer and the identity
20  of the person to be apprehended. All legal requirements to obtain extra-
21  dition of fugitives from justice are hereby expressly waived by the state
22  of Kansas, as to such persons.
23    Sec. 2.  K.S.A. 22-2713 is hereby repealed.
24    Sec. 3.  This act shall take effect and be in force from and after its
25  publication in the statute book.