Definitions

22-2701. Definitions. Where appearing in this article, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. The term "court of record" means any court, other than a municipal court, presided over by a magistrate. History: L. 1970, ch. 129, § 22-2701; L. 1977, ch. 105, § 10; July 1. Source or Prior Law: 62-727. CASE ANNOTATIONS 1. Act construed and applied; extradition proceedings initiated by governor of Colorado; Kansas habeas corpus writ ordered discharged. McCullough v. Darr, 219 Kan. 477, 480, 548 P.2d 1245. 2. Constitutional issue whether confinement in another state's prison constitutes cruel and unusual punishment is beyond scope of extradition proceeding. Killingsworth v. Howes, 222 Kan. 209, 563 P.2d 478. 3. Referred to; time limitations of K.S.A. 22-2715 and 22-2717 do not restrict time within which warrant may be issued. In re Simpson, 2 Kan. App. 2d 713, 586 P.2d 1389. 4. Defendant may voluntarily agree to return without formal extradition proceedings under K.S.A. 22-2726. State v. McCowan, 226 Kan. 752, 755, 602 P.2d 1363. 5. Prisoner held under governor's warrant of extradition has no right to bail absent authorizing statute. Meechaicum v. Fountain, 537 F. Supp. 1098, 1100 (1982). 6. Probable cause showing unnecessary for extradition when demanding state alleges and documents conviction and escape from confinement or violation of bail, probation or parole. Ellis v. Darr, 7 Kan. App. 2d 285, 640 P.2d 361 (1982). 7. Arrestee pending extradition being held to face state charges entitled to be considered for bail under state law. Meechaicum v. Fountain, 696 F.2d 790 (1983). 8. Statutes put police chief and officers on reasonable notice that using sting operation to lure suspect across state line violates extradition act. Ortega v. City of Kansas City, Kansas, 659 F. Supp. 1201 (1987). 9. Mandatory (K.S.A. 22-2702) and discretionary (K.S.A. 22-2706) extradition statutes compared; applicability of each determined. Kennon v. State, 248 Kan. 515, 809 P.2d 546 (1991). 10. Cited in opinion that detention on fugitive warrant and local charges tolls 90-day commitment period in K.S.A. 22-2715 and 22-2717. In re Habeas Corpus Application of Lane, 17 Kan. App. 2d 476, 477 845 P.2d 708 (1992). 11. When governor has discretion to grant extradition demand examined. Dunn v. Hindman, 18 Kan. App. 2d 537, 538, 855 P.2d 994 (1993). 12. Fugitive may challenge ability to consult with attorney with reasonable degree of rational understanding on certain extradition issues. State v. Patton, 285 Kan. 779, 780, 781, 176 P.3d 151 (2008). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026