Printable Format22-4301. Request for final disposition of detainer by prisoners; duties of official custodian; dismissal, when. (a) Any inmate in the custody of the secretary of corrections may request final disposition of any untried indictment, information, motion to revoke probation or complaint pending against such person in this state. The request shall be in writing, addressed and delivered to the court in which the indictment, information, motion to revoke probation or complaint is pending, to the county attorney charged with the duty of prosecuting it and to the secretary of corrections. Such request shall set forth the place of imprisonment.
(b) The secretary shall promptly inform each inmate in writing of the source and nature of any untried indictment, information, motion to revoke probation or complaint against such inmate of which the secretary has knowledge or notice, and of such inmate's right to make a request for final disposition thereof.
(c) Failure of the secretary to inform an inmate, as required by this section, within one year after a detainer has been filed at the institution shall entitle such inmate to a final dismissal of the indictment, information, motion to revoke probation or complaint with prejudice.
History: L. 1970, ch. 129, § 22-4301; L. 2013, ch. 32, § 1; L. 2016, ch. 32, § 1; July 1.
Source or Prior Law:
62-2901.
Attorney General's Opinions:
The Uniform Mandatory Disposition of Detainers Act and the Agreement on Detainers do not apply to ordinance violations. 2002-48.
Interstate Agreement on Detainers and Uniform Mandatory Disposition of Detainers Act do not apply to person in county jail. 2004-35.
CASE ANNOTATIONS
1. In the absence of demand for relief hereunder (K.S.A. 62-2901 et seq.), right to a speedy trial waived by inmate of penal institution. State v. Brooks, 206 Kan. 418, 421, 422, 479 P.2d 893. Thomas v. State, 206 Kan. 529, 530, 531, 479 P.2d 897.
2. Uniform act, for the first time, provides manner in which inmate of penal institution may require disposition of any criminal charges against him. State v. Brooks, 206 Kan. 418, 421, 422, 479 P.2d 893; Thomas v. State, 206 Kan. 529, 530, 531, 479 P.2d 897.
3. Mentioned; prisoner made proper demand for speedy trial under K.S.A. 62-2901 et seq.; conviction vacated. Pierson v. State, 210 Kan. 367, 370, 502 P.2d 721.
4. Act inapplicable to petitioner when absent from institution; post conviction proceeding. Taylor v. State, 214 Kan. 285, 286, 519 P.2d 1398.
5. Act implements constitutional guaranty of speedy trial; definition of reasonable time; failure to make effective request hereunder. Townsend v. State, 215 Kan. 485, 486, 524 P.2d 758.
6. Rights to speedy trial by inmates confined in penal institutions stated and applied. State v. Dolack, 216 Kan. 622, 628, 633, 533 P.2d 1282.
7. Referred to in determining that petitioner could not rely on agreement on detainers where noncompliance with terms. Ekis, Petitioner v. Darr, 217 Kan. 817, 822, 539 P.2d 16.
8. Agreement on detainers act compared with this act; speedy trial provisions with no sanction directory; no denial of speedy trial. State v. Clark, 222 Kan. 65, 68, 563 P.2d 1028.
9. Accused must file request and comply with act to obtain right to speedy trial. State v. McCowan, 226 Kan. 752, 758, 602 P.2d 1363.
10. No appeal right from denial of sentence modification motion where filed more than 130 days after sentencing. State v. Henning, 3 Kan. App. 2d 607, 599 P.2d 318.
11. Mandatory Disposition of Detainers Act not implemented; right to speedy trial violated. Williams v. Darr, 4 Kan. App. 2d 178, 179, 603 P.2d 1021.
12. Appellant failed to attempt to preserve or assert rights; no denial of right to speedy trial occurred. State v. Calderon, 233 Kan. 87, 88, 95, 97, 661 P.2d 781 (1983).
13. Cited in holding that K.S.A. 22-3402 not applicable where defendant not incarcerated solely by reason of charges involved in appeal. State v. Strong, 8 Kan. App. 2d 589, 593, 596, 663 P.2d 668 (1983).
14. Cited by dissent; dismissal granted where notice and request pursuant to K.S.A. 22-440 et seq., never delivered to detaining court or prosecutor. In re Habeas Corpus Application of Sweat, 9 Kan. App. 2d 268, 280, 677 P.2d 554 (1984).
15. Act parallel to interstate agreement on detainers; decisions hereunder (intrastate) serve as precedent for interstate agreement questions. In re Habeas Corpus Application of Sweat, 235 Kan. 570, 574, 684 P.2d 347 (1984).
16. Cited; failure to execute arrest warrant due to defendant's incarceration elsewhere as not constituting unreasonable delay examined. State v. Nicholson, 243 Kan. 747, 748, 763 P.2d 616. (1988).
17. Cited; person released from custody cannot rely on speedy trial provisions of K.S.A. 22-4303. State v. Julian, 244 Kan. 101, 105, 765 P.2d 1104 (1988).
18. Cited; whether failure to commence trial within 180 days after receipt of request for final disposition is jurisdictional examined. State v. Rodriguez, 254 Kan. 768, 771, 869 P.2d 631 (1994).
19. Cited; probation violation and incarceration for new felony; state does not waive probation violation if it lodges detainer. State v. Hall, 287 Kan. 139, 147, 195 P.3d 220 (2008).
20. Cited; right to speedy trial of inmate confined in correctional institution governed by K.S.A. 22-4301 and 22-4401, not K.S.A. 22-3402. State v. Angelo, 287 Kan. 262, 269, 270, 197 P.3d 337 (2008).
21. Cited; trial continuance extends the 180-day deadline for commencing a trial under UMDDA, when. State v. Watson, 39 Kan. App. 2d 923, 924, 927, 186 P.3d 812 (2008).
22. The 180-day time limit under the Uniform Mandatory Disposition of Detainers Act may be extended for good cause shown in open court if the prisoner and prisoner's attorney have received notice and an opportunity to be heard. State v. Warren, 47 Kan. App. 2d 57, 270 P.3d 13 (2012).