Title 2 - Administration and Personnel

2.33.325 Persons Under Arrest; Procedures; Right to Post Bond; Release on Personal Recognizance.

Any person arrested by a law enforcement officer shall be taken immediately by the law enforcement officer to the police station of the city or the office in the city designated by the Municipal Judge. At that time, the person shall have the right to post bond for the person's appearance, in accordance with 2.33.330 and K.S.A. 12-4302, and amendments thereto and the Municipal Court Bond Schedule.

However, if the law enforcement officer has probable cause to believe that such person may cause injury to himself, herself or others, or damage to property, and there is no responsible person or institution to which the person might be released, the person shall remain in the protective custody of the law enforcement officer, in a city or county jail for a period not to exceed six hours, at which time such person shall be given an opportunity to post bond for his or her appearance. While so held in protective custody, the person shall be permitted to consult with counsel or other persons on the person's behalf.

Any person who does not make bond for the person's appearance shall be placed in the city or county jail, to remain there until the person makes bond for the person's appearance, or appears before the Municipal Court at the earliest practical time, except that the person shall be released on the person's personal recognizance to appear at a later date if the person has not made bond, has not appeared before the Municipal Court within 48 hours after arrest and if no warrant has been issued for the person's arrest. At said court appearance, the Municipal Judge shall review the complaint, any affidavits filed with the complaint, or any other evidence and shall determine whether there is sufficient probable cause to believe that a crime has been committed by the accused and sufficient basis to continue to hold the accused for trial in accordance with 2.33.340. The judge will give the accused an opportunity to address the court. The judge will advise the accused of the charges, the possible penalties, and advise the accused of the right to counsel.

(History: Ord. MCC-2498 §1, 2004)

Effective on: 1/1/1901