22-4301. Request for final disposition of detainer by prisoners; duties of official custodian; dismissal, when. - Kansas Statutes

22-4301

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 43.--UNIFORM MANDATORY DISPOSITION OF DETAINERS ACT

      22-4301.   Request for final disposition of detainer by prisoners;duties of official custodian; dismissal, when.(a) Any person who is imprisoned in a penal or correctional institutionof this state may request final disposition of any untried indictment,information or complaint pending against him in this state. The requestshall be in writing addressed to the court in which the indictment,information or complaint is pending and to the county attorney charged withthe duty of prosecuting it, and shall set forth the place of imprisonment.

      (b)   The warden, superintendent or other official having custody ofprisoners shall promptly inform each prisoner in writing of the source andnature of any untried indictment, information or complaint against him ofwhich the warden, superintendent or other official has knowledge or notice,and of his right to make a request for final disposition thereof.

      (c)   Failure of the warden, superintendent or other official to inform aprisoner, as required by this section, within one (1) year after a detainerhas been filed at the institution shall entitle him to a final dismissal ofthe indictment, information or complaint with prejudice.

      History:   L. 1970, ch. 129, § 22-4301; July 1.