Printable Format22-2809. Surrender of obligor by surety; release of surety. (a) Any person who is released on an appearance bond may be arrested by such person's surety or any person authorized by such surety and delivered to a custodial officer of the court in the county in the state where the complaint subject to the bond was filed. Such person who is arrested as provided in this section shall be brought before any magistrate having power to commit for the crime charged. The magistrate shall indorse on the bond, or a certified copy of such bond, the discharge of such surety upon the sworn statement, either written or oral, of the surety setting forth the reasons for the discharge. The magistrate may commit the party who is arrested as provided in this section. Such person committed as provided in this section shall be held in custody until released as provided by law.
(b) As used in this section, "custodial officer of the court" means the sheriff or the keeper of the jail in the county.
History: L. 1970, ch. 129, § 22-2809; L. 2001, ch. 150, § 1; L. 2021, ch. 105, § 4; July 1.
Source or Prior Law:
62-1220.
Attorney General's Opinions:
Release prior to trial; local court rule. 94-25.
Bondsman in possession of firearm in violation of city ordinance. 95-89.
CASE ANNOTATIONS
1. Where surety redelivers defendant to sheriff at its own expense, motion to set aside bond forfeiture will lie. State v. Midland Insurance Co., 208 Kan. 886, 887, 888, 889, 494 P.2d 1228.