22-4301. Request for final disposition of detainer by prisoners; duties of official custodian; dismissal, when. (a) Any inmate in the custody of the secretary of corrections may request final disposition of any untried indictment, information, motion to revoke probation or complaint pending against such person in this state. The request shall be in writing, addressed and delivered to the court in which the indictment, information, motion to revoke probation or complaint is pending, to the county attorney charged with the duty of prosecuting it and to the secretary of corrections. Such request shall set forth the place of imprisonment.
(b) The secretary shall promptly inform each inmate in writing of the source and nature of any untried indictment, information, motion to revoke probation or complaint against such inmate of which the secretary has knowledge or notice, and of such inmate's right to make a request for final disposition thereof.
(c) Failure of the secretary to inform an inmate, as required by this section, within one year after a detainer has been filed at the institution shall entitle such inmate to a final dismissal of the indictment, information, motion to revoke probation or complaint with prejudice.
History: L. 1970, ch. 129, § 22-4301; L. 2013, ch. 32, § 1; L. 2016, ch. 32, § 1; July 1.
Structure Kansas Statutes
Chapter 22 - Criminal Procedure
Article 43 - Uniform Mandatory Disposition Of Detainers Act
22-4302 Delivery of request to custodian; officials' duties.
22-4304 Escape of inmate voids request, when.
22-4305 Article inapplicable to adjudged mentally ill or incapacitated persons.