A CHARTER ORDINANCE EXEMPTING THE CITY OF NEWTON, KANSAS FROM THE PROVISIONS OF K.S.A. 12-4213 REGARDING ARREST AND RELEASE PROCEDURES IN MUNICIPAL COURT, AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR.

Section 1. By the power vested in the City of Newton, Kansas, by Article 12, Section 5, of the constitution of the State of Kansas, said city hereby elects to exempt itself from and make inapplicable to it the arrest and release procedures established under K.S.A. 12-4213, such provisions being a part of an enactment application to the City of Newton, but not applicable uniformly to all cities.

Section 2. The city hereby elects that the following substitute and additional provisions are substituted in lieu of those provided under K.S.A. 12-4213, as follows:

(a)   Any person arrested by a law enforcement officer shall he 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. Except as otherwise provided in subsections (b) and (c) below, at that time the person shall have the right to post bond for the person’s appearance, in accordance with K.S.A. 12-4301 and 12-4302, and amendments thereto. 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 persons’ behalf, or appears before the municipal court at the earliest practical time, except that the person shall be released on the persons’s personal recognizance to appear at a later date if the person has not made bond, has not appeared before the municipal court within 18 hours after arrest and if no warrant has been issued for the person’s arrest.

(b)   If upon a persons’ arrest the law enforcement officer has probable cause to believe that such person may cause injury to oneself 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 the persons’ appearance in the manner as provided in subsection (a) above. While so held in protective custody, the person shall be permitted to consult with counselor other persons on the person’s behalf.

(c)   If a person is arrested on a warrant or on probable cause without a warrant for a violation of subsection (a)(1)(C) of Section 6.7 of the Uniform Public Offense Code or for a violation of Section 3.8 of the Uniform Public Offense Code, such person shall not be allowed to post bond pending such person’s first appearance in municipal court, provided that a first appearance occurs within 48 hours after such arrest. The municipal judge may fix as a condition of release on the appearance bond that such person report to a court services officer.

(11-5-96)