22-2710. Rights of accused person; application for writ of habeas corpus; notice. No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding him shall have appointed to receive him unless he shall first be taken forthwith before a judge of a court of record in this state, who shall inform him of the demand made for his surrender and of the crime with which he is charged, and that he has the right to demand and procure legal counsel; and if the prisoner or his counsel shall state that he or they desire to test the legality of his arrest, the judge of such court of record shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the prosecuting attorney of the county in which the arrest is made and in which the accused is in custody, and it shall be the duty of the prosecuting attorney to notify said agent of the demanding state.
History: L. 1970, ch. 129, § 22-2710; L. 1973, ch. 143, § 1; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 27 - Uniform Criminal Extradition Act
22-2702 Fugitives from justice; duty of governor.
22-2704 Governor may investigate case.
22-2706 Persons not present in the demanding state at time of commission of crime.
22-2707 Issue of governor's warrant of arrest; recitals.
22-2708 Manner and place of execution.
22-2709 Authority of arresting officer.
22-2710 Rights of accused person; application for writ of habeas corpus; notice.
22-2711 Delivery of person in disobedience of 22-2710; penalty.
22-2712 Confinement in jail when necessary.
22-2714 Arrest without a warrant.
22-2715 Commitment to await requisition; bail.
22-2716 Bail; in what cases; conditions of bond.
22-2717 Extension of time of commitment; adjournment.
22-2719 Persons under criminal prosecution in this state at time of requisition.
22-2720 Guilt or innocence of accused; when inquired into.
22-2721 Governor may recall warrant or issue alias.
22-2722 Fugitives from this state; duty of governor.
22-2723 Application for issuance of requisition; by whom made; contents.
22-2725 Immunity from service of process in civil actions.
22-2726 Written waiver of extradition proceeding; duty of judge.
22-2727 Nonwaiver by this state.
22-2728 No right of asylum; no immunity from other criminal prosecutions while in this state.