22-4302.
Delivery of request to custodian; officials' duties.
Upon receipt of a request made pursuant to K.S.A. 22-4301, and amendments thereto, the secretary of corrections shall promptly:
(a) Certify the term of commitment under which the inmate is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of parole eligibility of the inmate, and any decisions of the prisoner review board relating to the inmate;
(b) for crimes committed on or after July 1, 1993, certify the length of time served on the prison portion of the sentence, any good time earned and the projected release date for the commencement of the postrelease supervision term; and
(c) send by registered or certified mail, return receipt requested, one copy of the request and certificate to the court and one copy to the county attorney to whom it is addressed.
History:
L. 1970, ch. 129, § 22-4302; L. 1992, ch. 239, § 277; L. 2016, ch. 32, § 2; July 1.
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 1984–2024 · leading case:
State v. Burnett, 301 P.3d 698 (Kan. 2013).
State v. Burnett, 301 P.3d 698 (Kan. 2013).
· cites it 7× “” K.S.A. 22-4302 provides: “The request shall be delivered to the warden, superintendent or other officials having custody of the prisoner, who shall forthwith: “(a) Certify the term of commitment under which the prisoner is being held, the time already served on the sentence,…”
State v. Griffin, 479 P.3d 937 (Kan. 2021).
· cites it 3× “" K.S.A. 2019 Supp. 22-4301(b). The Secretary must also "promptly" certify the statutorily required information to the district court and county attorney.”
State v. Julian, 765 P.2d 1104 (Kan. 1988).
· cites it 2× “K.S.A. 22-4302 requires the warden or other person having custody of the prisoner to prepare a certificate setting forth the term of commitment under which the prisoner is being held, and certain other information, and to send by certified or registered mail, return receipt…”
State v. Martinez, 893 P.2d 267 (Kan. Ct. App. 1995).
“” According to the State, since it was unsuccessful in securing the witness’ testimony for October 4, 1993, the delay should be classified as a continuance based on K.S.A. 22-4302(3)(c). The State cites no authority for treating the delay as a continuance when the trial court…”
Sweat v. Darr, 677 P.2d 554 (Kan. Ct. App. 1984).
“) “The request shall be delivered to the warden, superintendent or other officials having custody of the prisoner, who shall forthwith: *282 (2) send by registered or certified mail, return receipt requested, one copy of the request and certificate to the court and one copy to…”
State v. Griffin (Kan. Ct. App. 2020).
· cites it 2× “See K.S.A. 2019 Supp. 22-4302(a), (b). Once the Secretary has that information collected and certified, the Secretary must mail it by registered or certified mail to the court and the prosecutor.”
State v. Brownfield (Kan. Ct. App. 2022).
· cites it 2× “" K.S.A. 2020 Supp. 22-4302 provides: "Upon receipt of a request made pursuant to K.”
State v. Munoz, 559 P.3d 347 (Kan. 2024).
· cites it 2× “Next, K.S.A. 22-4302 explains that KDOC's duties to certify an inmate's request are only triggered after the Secretary received such a request.”
State v. Lomon (Kan. Ct. App. 2022).
“K.S.A. 2015 Supp. 22-4302. Substantial compliance is sufficient to invoke the protections of the UMDDA.”
— K.S.A. § 22-4302(3)(c) — 1 case
State v. Martinez, 893 P.2d 267 (Kan. Ct. App. 1995).
“” According to the State, since it was unsuccessful in securing the witness’ testimony for October 4, 1993, the delay should be classified as a continuance based on K.S.A. 22-4302(3)(c). The State cites no authority for treating the delay as a continuance when the trial court…”
— K.S.A. § 22-4302(a) — 1 case
State v. Griffin (Kan. Ct. App. 2020).
“See K.S.A. 2019 Supp. 22-4302(a), (b). Once the Secretary has that information collected and certified, the Secretary must mail it by registered or certified mail to the court and the prosecutor.”
— K.S.A. § 22-4302(b) — 1 case
State v. Griffin, 479 P.3d 937 (Kan. 2021).
“" K.S.A. 2019 Supp. 22-4301(b). The Secretary must also "promptly" certify the statutorily required information to the district court and county attorney.”
— K.S.A. § 22-4302(c) — 3 cases
State v. Burnett, 301 P.3d 698 (Kan. 2013).
“” K.S.A. 22-4302 provides: “The request shall be delivered to the warden, superintendent or other officials having custody of the prisoner, who shall forthwith: “(a) Certify the term of commitment under which the prisoner is being held, the time already served on the sentence,…”
State v. Griffin, 479 P.3d 937 (Kan. 2021).
“" K.S.A. 2019 Supp. 22-4301(b). The Secretary must also "promptly" certify the statutorily required information to the district court and county attorney.”
State v. Griffin (Kan. Ct. App. 2020).
“See K.S.A. 2019 Supp. 22-4302(a), (b). Once the Secretary has that information collected and certified, the Secretary must mail it by registered or certified mail to the court and the prosecutor.”
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