Kansas Statutes 60-1501. Jurisdiction and right to writ; time limitations
Terms Used In Kansas Statutes 60-1501
- Docket: A log containing brief entries of court proceedings.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(a) Subject to the provisions of Kan. Stat. Ann. § 60-1507, and amendments thereto, any person in this state who is detained, confined or restrained of liberty on any pretense whatsoever, and any parent, guardian, or next friend for the protection of infants or allegedly incapacitated or incompetent persons, physically present in this state may prosecute a writ of habeas corpus in the supreme court, court of appeals or the district court of the county in which such restraint is taking place. No docket fee shall be required, as long as the petitioner complies with the provisions of subsection (b) of Kan. Stat. Ann. § 60-2001, and amendments thereto.
(b) Except as provided in Kan. Stat. Ann. § 60-1507, and amendments thereto, an inmate in the custody of the secretary of corrections shall file a petition for writ pursuant to subsection (a) within 30 days from the date the action was final, but such time is extended during the pendency of the inmate’s timely attempts to exhaust such inmate’s administrative remedies.
(c) Except as provided in Kan. Stat. Ann. § 60-1507, and amendments thereto, a patient in the custody of the secretary for aging and disability services pursuant to Kan. Stat. Ann. § 59-29a01 et seq., and amendments thereto, shall file a petition for writ pursuant to subsection (a) within 30 days from the date the action was final, but such time is extended during the pendency of the patient’s timely attempts to exhaust such patient’s administrative remedies.