22-4613. Prohibition against releasing person from custody to avoid cost of medical treatment; court order. - Kansas Statutes

22-4613

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 46.--GENERAL PROVISIONS

      22-4613.   Prohibition against releasing person fromcustody to avoid cost of medical treatment; court order.(a) A law enforcement officer having custody of a personshall not release such person from custody merely toavoid the cost of necessary medical treatment while the person is receivingtreatment from a health care provider unless the health care provider consentsto such release, or unless the release is ordered by a court of competentjurisdiction. When the law enforcement officer is satisfied that probable causeno longer exists to believe the suspect committed a crime based upon theongoing investigation, or the prosecuting attorney gives notice that noprosecution will be forthcoming at this time, the law enforcement officer mayrelease such person from custody. Upon the date of notification to the healthcare provider that the person is being released from custody because theongoing investigation indicates that probable cause no longer exists or adecision by the prosecuting attorney that no charges will be filed,the law enforcement agency shall no longer be responsible for thecost of such person's medical treatment.

      (b)   As used in this section:

      (1)   "Law enforcement officer" has the meaning ascribed thereto in K.S.A.22-2202, and amendments thereto.

      (2)   "Health care provider" has the meaning ascribed thereto in K.S.A.22-4612, andamendments thereto.

      History:   L. 2006, ch. 183, § 2; July 1.