22-2715.
Commitment to await requisition; bail.
If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under section 22-2706, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in the next section, or until he shall be legally discharged.
History:
L. 1970, ch. 129, § 22-2715; July 1.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1978–2026 · leading case:
In Re Simpson, 586 P.2d 1389 (Kan. Ct. App. 1978).
In Re Simpson, 586 P.2d 1389 (Kan. Ct. App. 1978).
· cites it 2× “At issue are: (1) Whether failure to arrest under warrant of the governor within the ninety-day period provided for commitment or bail in K.S.A. 22-2715 and 22-2717 renders that warrant void and unenforceable; and (2) whether the governor’s warrant dated December 20, 1977, is…”
In re Lane, 845 P.2d 708 (Kan. Ct. App. 1992).
· cites it 2× “§§ 46-30-302 and 46-30-304 (1991), which are nearly identical to K.S.A. 22-2715 and K.S.A. 22-2717. The Montana court held that, although an accused could be detained no more than 90 days on a fugitive warrant, the Montana statutes did not require the governor’s warrant to be…”
In re Danko, 731 P.2d 240 (Kan. 1987).
· cites it 2× “Three issues are raised: Whether the extradition documents are sufficient to satisfy petitioner’s Fourth Amendment right to a judicial determination of probable cause; whether the petitioner was illegally *432 detained in Kansas beyond the 30-day period allowed by K.S.A.…”
In re Sanders, 704 P.2d 386 (Kan. Ct. App. 1985).
· cites it 3× “The law is well settled that a person arrested as a fugitive from justice may be held in jail or on bond for thirty days (K.S.A. 22-2715), with the possibility of extensions of the time of commitment for a total of ninety days, at the discretion of the court.”
In re Matter of Brewer, 444 P.3d 1014 (Kan. Ct. App. 2019).
“See K.S.A. 22-2715 (permitting the judge to commit the accused to the county jail for up to 30 days to await requisition, "unless the accused give bail as provided in the next section, or until he shall be legally discharged.”
State v. Gibson (Kan. Ct. App. 2026).
“See 7 K.S.A. 22-2715; K.S.A. 22-2717; Ark. Code Ann.”
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