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

K.S.A. § 22-2801 (2026)

Declaration of purpose

✓ current as of May 2026
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22-2801. Declaration of purpose. The purpose of this article is to assure that all persons, regardless of their financial status, shall not needlessly be detained pending their appearance to answer charges or to testify, or pending appeal, when detention serves neither the ends of justice nor the public interest.

History: L. 1970, ch. 129, § 22-2801; July 1.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1978–2026 · leading case: State v. Dunham, 472 P.3d 604 (Kan. Ct. App. 2020).
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State v. Dunham, 472 P.3d 604 (Kan. Ct. App. 2020). “That purpose is clearly set forth in K.S.A. 22-2801. K.S.A. 22-2802 governs release prior to trial.”
State v. Reed, 703 P.2d 756 (Kan. 1985). · cites it 2× “K.S.A. 22-2801 et seq. covers release of persons charged with crime in three situations: (1) Release pending an appearance to answer charges; (2) release pending an appearance to testify; and (3) release pending appeal, when detention neither serves the ends of justice nor the…”
State v. Dunnan, 573 P.2d 1068 (Kan. 1978). “Defendant next contends that the bail set by the magistrate— $250,000 — was so high and excessive that it amounted to no bail at all, and constituted a deprivation of his right to bail under the Eighth Amendment to the United States Constitution, under §9 of the Bill of Rights…”
State v. Arculeo, 933 P.2d 122 (Kan. 1997). “” *293 Reed notes: “K.S.A. 22-2801 et seq. covers release of persons charged with crime in three situations: (1) Release pending an appearance to answer charges; (2) release pending an appearance to testily; and (3) release pending appeal, when detention neither serves the ends…”
Smith v. State, 955 P.2d 1293 (Kan. 1998). “at 430 (murder conviction reversed on other grounds), in which Dunnan contended on appeal that his $250,000 bail was excessive, violating the Eighth Amendment to the United States Constitution, § 9 of the Kansas Constitution Bill of Rights, and K.S.A. 22-2801. In deciding that…”
State v. Miller, 811 P.2d 1256 (Kan. Ct. App. 1991). “22-2804 allows release of the defendant after conviction but before sentencing. K.S.A. 22-2804 also allows the defendant to post bond after conviction while appeal is pending.”
State v. Bayha (Kan. Ct. App. 2026). · cites it 2× “Referenced in this statute, we note that K.S.A. 22-2801 et seq., provides parameters for conditions of release pending trial or on appeal.”
State v. Gardner, 244 P.3d 1292 (Kan. Ct. App. 2011). “The public policy for pretrial release is stated in K.S.A. 22-2801: “to assure that all persons, regardless of financial status, shall not needlessly be detained pending their appearance to answer charges.”
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