K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-2716 (2026)

Bail; in what cases; conditions of bond

✓ current as of May 2026
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22-2716. Bail; in what cases; conditions of bond. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond, with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.

History: L. 1970, ch. 129, § 22-2716; July 1.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1974–2022 · leading case: State v. Wilson, 501 P.3d 885 (Kan. 2022).
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State v. Wilson, 501 P.3d 885 (Kan. 2022). · cites it 4× “K.S.A. 2016 Supp. 22-2716 defines the intermediate sanctions a judge may impose before revoking probation and requiring the defendant to serve a prison sentence.”
State v. Roth, 424 P.3d 529 (Kan. 2018). · cites it 2× “The "[e]xcept as otherwise provided" introductory language in K.S.A. 2017 Supp. 22-2716(b)(3)(B) means something, and it requires lifetime postrelease supervision in this case.”
In Re Simpson, 586 P.2d 1389 (Kan. Ct. App. 1978). “A fugitive warrant was issued and petitioner was admitted to bail pursuant to K.S.A. 22-2716. His hearing was scheduled for October 16, 1977.”
Odom v. State, 524 P.2d 217 (Kan. 1974). · cites it 2× “If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant or bond, a judge or magistrate may discharge him or may recommit him for a further period not to exceed sixty days, or a judge or magistrate may again take bail…”
Meechaicum v. Fountain, 537 F. Supp. 1098 (D. Kan. 1982). “Under K.S.A. 22-2716, the admission of an alleged fugitive to bail on a bailable offense is discretionary with the state judge prior to the arrest of the accused upon a Governor’s Warrant.”
State v. Tearney, 457 P.3d 178 (Kan. Ct. App. 2019). “The district court relied on two grounds:  K.S.A. 2017 Supp. 22-2716(c)(9)(B), which permits revocation of probation without having imposed a graduated sanction if "probation .”
In re Matter of Brewer, 444 P.3d 1014 (Kan. Ct. App. 2019). · cites it 4× “"); K.S.A. 22-2716 (providing that unless the offense with which the prisoner is charged is one punishable by death or life imprisonment, the judge may admit the person arrested to bail by bond, conditioned on his later appearance under a governor's warrant); K.”
In re Sanders, 704 P.2d 386 (Kan. Ct. App. 1985). “K.S.A. 22-2716. Two extradition hearings were subsequently held on *490 June 15 and July 18, 1983, at which the State requested 30-day continuances pending receipt of the governor’s warrant.”
State v. Acosta (Kan. Ct. App. 2022). · cites it 2× “For his part, Acosta asserts that a 60- day sanction under K.S.A. 2019 Supp. 22-2716(c)(9) and another 2- or 3-day sanction under K.”
K.S.A. § 22-2716(b)(3)(B): 1 case
State v. Roth, 424 P.3d 529 (Kan. 2018). “The "[e]xcept as otherwise provided" introductory language in K.S.A. 2017 Supp. 22-2716(b)(3)(B) means something, and it requires lifetime postrelease supervision in this case.”
K.S.A. § 22-2716(b)(4): 1 case
State v. Wilson, 501 P.3d 885 (Kan. 2022). “K.S.A. 2016 Supp. 22-2716 defines the intermediate sanctions a judge may impose before revoking probation and requiring the defendant to serve a prison sentence.”
K.S.A. § 22-2716(c)(1)(B): 1 case
State v. Acosta (Kan. Ct. App. 2022). “For his part, Acosta asserts that a 60- day sanction under K.S.A. 2019 Supp. 22-2716(c)(9) and another 2- or 3-day sanction under K.”
K.S.A. § 22-2716(c)(9): 1 case
State v. Acosta (Kan. Ct. App. 2022). “For his part, Acosta asserts that a 60- day sanction under K.S.A. 2019 Supp. 22-2716(c)(9) and another 2- or 3-day sanction under K.”
K.S.A. § 22-2716(c)(9)(B): 1 case
State v. Tearney, 457 P.3d 178 (Kan. Ct. App. 2019). “The district court relied on two grounds:  K.S.A. 2017 Supp. 22-2716(c)(9)(B), which permits revocation of probation without having imposed a graduated sanction if "probation .”
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