22-2804. Release after conviction.
22-2804
22-2804. Release after conviction.(1) A person who has been convicted of a crime and is either awaitingsentence or has filed a notice of appeal may be released by the districtcourt under the conditions provided in K.S.A. 22-2802 and amendments thereto ifthecourt or judge finds that the conditions of release will reasonablyassure that the person will not flee or pose a danger to any otherperson or to the community.
(2) A person who has been convicted of a crime and has filed anotice of appeal to the supreme court or court of appeals shall makeapplicationto be released to the court whose judgment isappealed from or to a judge thereof. If an application to such court orjudge has been made and denied or action on the application did notafford the relief sought by theapplicant, the applicant may make an application forrelease to the appellate court. An application to the appellate courtor a justice or judge thereof shall state the disposition of theapplication made by the district court or judge. Any application madeunder this subsection shall be heard after reasonable notice to theprosecuting attorney. Such notice shall be given not less than oneday prior to the hearing. Any appearance bond which may be requiredunder this subsection shall be filed in the court from which the appealwas taken.
(3) A person who has been convicted of a crime before a districtmagistrate judge may, upon taking an appeal to a district judge, apply tobe released as provided herein. Ifthe application is made before the case has been referred to thechief judge for assignment, the conditions of releaseshall bedetermined by the district magistrate judge from whom the appeal istaken. If the application is made thereafter, thechief judgeor the district judge to whom the case hasbeen assigned shall determine the conditions of release. Any appearancebond which may be required under this subsection shall be deposited inthe court where it is fixed.
History: L. 1970, ch. 129, § 22-2804; L. 1971, ch. 115, § 1;L. 1976, ch. 163, § 8; L. 1977, ch. 112, § 6;L. 1986, ch. 115, § 57;L. 1999, ch. 57, § 29; July 1.