Chapter 22 — CRIMINAL PROCEDURE

22-3437a. History: L. 1993, ch. 261, § 3; L. 1996, ch. 224, § 3; L. 2002, ch. 163, § 4; L. 2003, ch. 70, § 1; L. 2008, ch. 170, § 5; L. 2010, ch. 135, § 24; Repealed, L. 2011, ch. 91, § 41; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LC…

22-3437b. History: L. 1993, ch. 261, § 3; L. 1996, ch. 224, § 3; L. 2002, ch. 163, § 4; L. 2003, ch. 70, § 1; L. 2008, ch. 170, § 5; L. 2010, ch. 90, § 2; L. 2011, ch. 91, § 19; Repealed, L. 2012, ch. 166, § 24; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Pol…

22-3438. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application. To th…

22-3439. Felony convictions; information and forms to be forwarded to Kansas sentencing commission and Kansas bureau of investigation. (a) For all felony convictions for offenses committed on or after July 1, 1993, the court shall forward a signed copy of the journal entry, attac…

22-3440. Contact with jurors; discussion of deliberations or verdict following discharge; violations, contempt. (a) On completion of a jury trial in a criminal action and before the jury is discharged, the judge shall inform the jurors that they have an absolute right to discuss …

22-3501. New trial. (1) The court on motion of a defendant may grant a new trial to the defendant if required in the interest of justice. If trial was by the court without a jury the court on motion of a defendant for a new trial may vacate the judgment if entered, take additiona…

22-3502. Arrest of judgment. The court on motion of a defendant shall arrest judgment if the complaint, information or indictment does not charge a crime or if the court was without jurisdiction of the crime charged. The motion for arrest of judgment shall be made within 14 days …

22-3503. Arrest of judgment without motion. Whenever the court becomes aware of the existence of grounds which would require that a motion for arrest of judgment be sustained, if filed, the court may arrest the judgment without motion. History: L. 1970, ch. 129, § 22-3503; July 1…

22-3504. Correction of sentence. (a) The court may correct an illegal sentence at any time while the defendant is serving such sentence. The defendant shall receive full credit for time spent in custody under the sentence prior to correction. Unless the motion and the files and r…

22-3601. Appellate jurisdiction of court of appeals and supreme court in criminal cases. (a) Any appeal permitted to be taken from a district court's final judgment in a criminal case shall be taken to the court of appeals, except in those cases reviewable by law in the district …

22-3602. Appeals by defendant, when; appeals by prosecution; transfers to supreme court. (a) Except as otherwise provided, an appeal to the appellate court having jurisdiction of the appeal may be taken by the defendant as a matter of right from any judgment against the defendant…

22-3603. Interlocutory appeals by the state. When a judge of the district court, prior to the commencement of trial of a criminal action, makes an order quashing a warrant or a search warrant, suppressing evidence or suppressing a confession or admission an appeal may be taken by…

22-3604. Release of defendant pending appeal by prosecution. (1) Except as provided in subsection (3), a defendant shall not be held in jail nor subject to an appearance bond during the pendency of an appeal by the prosecution. (2) The time during which an appeal by the prosecuti…

22-3605. Decision and disposition of case on appeal; stay of mandate. (a) Any appellate court may reverse, affirm or modify the judgment or order appealed from, or may order a new trial in the district court. In either case the cause must be remanded to the district court with pr…

22-3606. Procedure on appeal. Except as otherwise provided by statute or rule of the supreme court, the statutes and rules governing procedure on appeals to an appellate court in civil cases shall apply to and govern appeals to an appellate court in criminal cases. History: L. 19…

22-3607. Disposition of defendant when judgment reversed on appeal. When a judgment of conviction or sentence is reversed, and it appears that no crime has been committed, the appellate court shall direct that the defendant be discharged. If it appears that the defendant is guilt…

22-3608. Time for appeal from judgment of district court. (a) If sentence is imposed, the defendant may appeal from the judgment of the district court not later than 10 days after the expiration of the district court's power to modify the sentence. The power to revoke or modify t…

22-3609. Appeals from municipal courts. (a) The defendant shall have the right to appeal to the district court of the county from any judgment of a municipal court which adjudges the defendant guilty of a violation of the ordinances of any municipality of Kansas or any findings o…

22-3609a. Appeals from district magistrate judges not regularly admitted to practice law. (1) A defendant shall have the right to appeal to a district judge from any judgment of a district magistrate judge who is not regularly admitted to practice law in Kansas. The chief judge s…

22-3610. Hearing on appeal; exception. (a) When a case is appealed to the district court, such court shall hear and determine the cause on the original complaint, unless the complaint shall be found defective, in which case the court may order a new complaint to be filed and the …

22-3611. Judgment on appeal. If upon appeal to the district court the defendant is convicted, the district court shall impose sentence upon him and render judgment against him for all costs in the case, both in the district court and in the court appealed from. History: L. 1970, …

22-3612. Criminal appeals from district court; attorney general to invoke county or district attorney's assistance; costs; criminal appeals cost fund. (a) In representing the interests of the state in appeals from criminal actions in the district courts of this state to the supre…

22-3613. Writ of habeas corpus relief granted; appeal by prosecution; stay of underlying criminal case. (a) When a district court has granted relief in a proceeding under K.S.A. 60-1507, and amendments thereto, and the prosecution files a docketing statement in an appellate court…

[Repealed or reserved.]

22-3701. Pardons and commutations; duties of prisoner review board; notification to victims. (a) The governor may pardon, or commute the sentence of, any person convicted of a crime in any court of this state upon such terms and conditions as prescribed in the order granting the …

22-3702. Form of pardon. A pardon shall be in writing, signed by the governor, attested by the great seal of the state and shall be authority for the release and discharge of the person named therein. History: L. 1970, ch. 129, § 22-3702; July 1. Source or Prior Law: 62-2217, 62-…

22-3703. Report of pardons to legislature. The governor at each regular session of the legislature, shall communicate to both houses of the legislature a list of all persons pardoned by him during the preceding year, with a statement of the offense of which each was convicted, th…

22-3704. Reprieves in capital cases. In cases where the death penalty has been imposed the governor may order the postponement of the execution of the sentence for a limited time. At the expiration of such time the sentence of the court shall be carried out. History: L. 1970, ch.…

22-3705. Commutation of sentence, reduction of penalty; restrictions. (a) The governor may, when the governor deems it proper or advisable, commute a sentence in any criminal case by reducing the penalty as follows: (1) If the sentence is death, to imprisonment for life without t…

22-3706. Person acting as agent or representative of individual seeking release; contingent fee prohibited; statement and affidavit. No person acting as agent or representative for an individual before the board for pardon, commutation of sentence, parole or revocation of parole,…

22-3707. History: L. 1970, ch. 129, § 22-3707; L. 1972, ch. 317, § 80; L. 1973, ch. 339, § 60; L. 1978, ch. 120, § 11; L. 1982, ch. 347, § 14; L. 1984, ch. 129, § 1; L. 1988, ch. 115, § 12; L. 1995, ch. 241, § 3; L. 1997, ch. 23, § 2; L. 2003, ch. 142, § 1; L. 2010, ch. 135, § 31…

22-3707a. History: L. 1984, ch. 129, § 2; Repealed, L. 2012, ch. 16, § 40; July 1. CASE ANNOTATIONS 1. Cited; lack of liberty interest in parole, constitutionality of parole board unanimity vote examined. Gilmore v. Kansas Parole Board, 243 Kan. 173, 180, 756 P.2d 410 (1988). Pre…

22-3708. History: L. 1970, ch. 129, § 22-3708; L. 1972, ch. 317, § 81; L. 1973, ch. 339, § 61; L. 1978, ch. 120, § 12; L. 1979, ch. 98, § 1; L. 1985, ch. 278, § 11; L. 1986, ch. 115, § 68; L. 1999, ch. 57, § 34; Repealed, L. 2012, ch. 16, § 40; July 1. Source or Prior Law: 62-222…

22-3709. Officers of board; panels authorized; vote required to parole certain inmates. The chairperson and vice-chairperson of the prisoner review board shall be designated by the secretary of corrections. The chairperson of the board shall have the authority to organize and adm…

22-3710. Kansas prisoner review board; seal, orders, records, reports. The prisoner review board shall adopt an official seal of which the courts shall take judicial notice. The orders of the board shall not be reviewable except as to compliance with the terms of this act or othe…

22-3711. Certain records privileged. The presentence report, the preparole report, the pre-postrelease supervision report and the supervision history, obtained in the discharge of official duty by any member or employee of the prisoner review board or any other employee of the de…

22-3712. Placement in diagnostic or treatment facility as condition of release. As a condition of probation, parole or postrelease supervision, a probationer, parolee or person on postrelease supervision may be placed in a diagnostic, or treatment facility by order of the court o…

22-3713. Prisoner review board; hearings; personnel and accounting services. (a) The prisoner review board may authorize one or more of its members to conduct hearings on behalf of the board. (b) The secretary of corrections shall provide the prisoner review board with necessary …

22-3716. Arrest for violating condition of probation, assignment to community corrections, suspension of sentence or nonprison sanction, procedure; time limitation on issuing warrant; limitations on serving sentence in department of corrections' facility or serving period of post…

22-3716a. History: L. 1970, ch. 129, § 22-3716; L. 1972, ch. 317, § 89; L. 1984, ch. 112, § 9; L. 1986, ch. 123, § 24; L. 1990, ch. 112, § 1; L. 1992, ch. 239, § 301; L. 1993, ch. 291, § 198; L. 1994, ch. 291, § 65; L. 2000, ch. 182, § 8; L. 2002, ch. 177, § 1; L. 2003, ch. 135, …

22-3717. Parole or postrelease supervision; eligibility; interviews, notices and hearings; rules and regulations; conditions of parole or postrelease supervision. (a) Except as otherwise provided by this section; K.S.A. 1993 Supp. 21-4628, prior to its repeal; K.S.A. 21-4624, 21-…

22-3717a. History: L. 1981, ch. 156, § 2; Repealed, L. 1982, ch. 137, § 4; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

22-3717b. History: L. 1970, ch. 129, § 22-3717; L. 1972, ch. 317, § 90; L. 1973, ch. 339, § 88; L. 1974, ch. 403, § 10; L. 1975, ch. 203, § 1; L. 1976, ch. 168, § 2; L. 1978, ch. 120, § 13; L. 1979, ch. 94, § 2; L. 1981, ch. 156, § 1; L. 1982, ch. 137, § 3; L. 1982, ch. 150, § 2;…

22-3717c. History: L. 1970, ch. 129, § 22-3717; L. 1972, ch. 317, § 90; L. 1973, ch. 339, § 88; L. 1974, ch. 403, § 10; L. 1975, ch. 203, § 1; L. 1976, ch. 168, § 2; L. 1978, ch. 120, § 13; L. 1979, ch. 94, § 2; L. 1981, ch. 156, § 1; L. 1982, ch. 137, § 3; L. 1982, ch. 150, § 2;…

22-3718. Conditional release; notice. Upon release, an inmate who has served the inmate's maximum term or terms, less such work and good behavior credits as have been earned, shall be subject to such written rules and conditions as the prisoner review board may impose, until the …

22-3719. Information from correctional institution officials. It shall be the duty of all correctional institution officials to grant to the members of the prisoner review board, or its properly accredited representatives, access at all reasonable times to any inmate, to provide …

22-3720. Subpoena power. The prisoner review board shall have power to issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers and documents that it considers necessary for the investigation of the issues before it. Subpoenas may…

22-3721. History: L. 1970, ch. 129, § 22-3721; L. 1972, ch. 317, § 94; Repealed, L. 1973, ch. 339, § 93; July 1, 1974. Source or Prior Law: 62-2250. Cross References to Related Sections: Later act, see 75-5217. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 202…

22-3722. Service on parole, conditional release and postrelease supervision; discharge; restoration of civil rights. (a) The period served on parole or conditional release shall be deemed service of the term of confinement, and, subject to the provisions contained in K.S.A. 75-52…

22-3723. Transfer of offenders under treaties. Whenever a treaty is in force between the United States and a foreign country providing for the transfer of offenders between the United States and such foreign country, the governor is authorized to give the approval of the state of…