Legal Question in Criminal Law in Kansas

Criminal extradition and detainers

The process of moving a person from one state(I'll use OK for purposes of this discussion) to another (I'll use KS for purposes of this discussion) to answer criminal charges in KSis called extradition. The way it works is the governor of KS asks the governor of OK to release the prisoner to answer charges in KS.The governor of OK has to be assured that thereis a felony criminal charge or a violation ofprobation or parole for a felony conviction which has been lodged against the prisoner in KS. When an extradition petition arrivesin the Governor's office, the governor issuesa GOVERNOR'S WARRANT to the sheriff of thecounty where the prisoner is in custody. Oncethe warrant is served, the prisoner is givena hearing where a judge determines whetherthere is good cause to extradite the prisoner.If the judge finds that extradition is appro-priate, he orders that a DETAINER be placedon the prisoner from KS. The prisoner cannotthen be released from custody except to a stateprison or to law enforcement officers from KS.(Some states provide that bond can be postedto assure the prisoner's appearance when calledfor by KS.)

The detainer follows the prisoner if hiscustody is changed from the jail where he waswhen the detainer was lodged. For example,If the prisoner gets a 3-year sentence inOK, the detainer stays with him until hissentence expire then he is released to KS.

Some states have a provision in theircriminal code that a prisoner in one state can demand a speedy trial on charges pendingin another state, in which event there is asecond governor's warrant and the prisoner isreleased to KS to answer the charges in KSand, when KS gets through with him, he goesback to OK to finish his sentence. Often, aprisoner can negotiate a plea bargain in therequesting state (KS) that his sentence willrun concurrent with (at the same time as) theOK sentence.

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