108             1997 Session Laws of Kansas             Ch. 38

Chapter 38

HOUSE BILL No. 2013

An Act concerning extradition; relating to the release of certain prisoners;
amending K.S.A. 22-2713 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 22-2713 is hereby amended to read as follows:
22-2713. (a) Whenever any person within this state is charged on the oath
of any credible person before any judge or magistrate of this state with
the commission of any crime in any other state and, except in cases arising
under K.S.A. 22-2706 and amendments thereto, with having fled from
justice, or with having been convicted of a crime in that state and having
escaped from confinement, or having broken the terms of the person's
bail, probation, assignment to a community correctional services program,
postrelease supervision or parole, or with being under sentence, some
portion of which remains unexecuted, from which such person has not
been paroled, placed on postrelease supervision or discharged or other-
wise released, or whenever complaint has been made before any judge
or magistrate in this state setting forth on the affidavit of any credible
person in another state that a crime has been committed in such other
state and that the accused has been charged in such state with the com-
mission of the crime, and, except in cases arising under K.S.A. 22-2706
and amendments thereto, has fled from justice, or with having been con-
victed of a crime in that state and having escaped from confinement, or
having broken the terms of the person's bail, probation, assignment to a
community correctional services program, postrelease supervision or pa-
role, or with being under sentence, some portion of which remains unex-
ecuted, from which such person has not been paroled, placed on post-
release supervision or discharged or otherwise released, and is believed
to be in this state, the judge or magistrate shall issue a warrant directed
to any law enforcement officer commanding the apprehension of the per-
son named therein, wherever such person may be found in this state, and
to bring such person before the same or any other judge, magistrate or
court who or which may be available in or convenient of access to the
place where the arrest may be made, to answer the charge or complaint
and affidavit, and a certified copy of the sworn charge or complaint and
affidavit upon which the warrant is issued shall be attached to the warrant.

(b) Any person incarcerated in any federal facility may be released
to the custody of the duly accredited officers, or such officer's designees,
of a foreign state, if:

(1) Such person has violated the terms of such person's probation,
postrelease supervision, parole or who has an unexpired sentence in the
foreign state;

(2) the foreign state has personal jurisdiction over such person; and

(3) the foreign state has issued a valid warrant for the apprehension

Ch. 38             1997 Session Laws of Kansas             109

of such person. For that purpose no formalities shall be required other
than establishing the authority of the officer and the identity of the person
to be apprehended. All legal requirements to obtain extradition of fugitives
from justice are hereby expressly waived by the state of Kansas, as to such
persons.

Sec. 2. K.S.A. 22-2713 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 1, 1997.