22-2805. Material witness; appearance bond; custody; release, when required; appointed counsel and other services for indigent.
22-2805
22-2805. Material witness; appearance bond; custody;release, when required; appointed counsel and other services forindigent.(a) If it appears by affidavit that the testimony of a person is material inany criminal proceeding or in any proceeding under the revised Kansasjuvenile justice code,K.S.A. 2007 Supp.38-2301, et seq., and amendmentsthereto, and it is shown that it may become impracticableto secure the witness' presence by subpoena, the court or magistrate mayrequire the witnessto give bond in an amount fixed by the court or magistrate, or to complywith other conditions to assure the witness' appearance as a witness. If aperson fails to comply with the conditions of release, the court or magistratemay, after hearing, commit the witness to the custody of the sheriff or marshalpending final disposition of the proceeding in which the testimony is needed.A material witness shall not be held in custody more than 30 days unlessthe court or magistrate, after hearing, determines that there is good causeto hold the witness for an additional period of not more than 30 days. Nomaterial witness shall be detained because ofinability to comply with any condition of release if the testimony of thewitness can be secured for use at trial or in any proceeding under therevised Kansas juvenile justice code,K.S.A. 2007 Supp.38-2301, et seq., andamendments thereto by deposition, and furtherdetention is not necessary to prevent a failure of justice. Release may bedelayed for a reasonable time until the deposition of the witness can betaken pursuant to K.S.A. 22-3211, and amendments thereto.
(b) The court or magistrate shall appoint counsel to represent a witnesscommitted to custody pursuant to this section when the court or magistratedetermines that the witness is financially unable to employ counsel, basedon the same standards as used to determine if a defendant is able to employcounsel. Such appointment shall be from the panel for indigents' defenseservices or as otherwise prescribed under the applicable system for providinglegal defense services for indigent persons prescribed by the state boardof indigents' defense services for the county or judicial district. In anyproceeding under the revised Kansas juvenilejustice code,K.S.A. 2007 Supp.38-2301 et seq., andamendments thereto, such appointment shall be pursuant toK.S.A. 2007 Supp.38-2306, andamendments thereto. Thewitness may obtain necessary investigative, expert and other services inthe manner provided by K.S.A. 22-4508 and amendments thereto. Paymentfor the counsel and other services shall be made in the manner providedby K.S.A. 22-4507 and amendments thereto.
History: L. 1970, ch. 129, § 22-2805;L. 1982, ch. 141, § 1;L. 1982, ch. 142, § 27;L. 1996, ch. 211, § 1;L. 2006, ch. 169, § 100; Jan. 1, 2007.