Rule Text
A person who remains in custody after review of such person's application pursuant to K.S.A. 22-2802 (i) or (j), and amendments thereto, by a district magistrate judge may apply to a district judge of the judicial district in which the charge is pending to modify the order fixing conditions of release. Such motion shall be determined promptly.
Amendment history: L. 1970, ch. 129, § 22-2803; L. 1976, ch. 163, § 7; L. 1986, ch. 115, § 56; L. 2007, ch. 145, § 4; L. 2025, ch. 120, § 7; July 1.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If a district magistrate judge reviews someone's request for release under K.S.A. 22-2802 (i) or (j) and the person is still stuck in custody, that person isn't out of options. They can ask a district judge in the same court district where their case is being heard to change the release conditions.
This gives people a second chance to get a fair shot at release, even after a magistrate judge has already looked at their case. The law also says the district judge has to make a decision on this request quickly, not let it sit for a long time. This matters because staying in jail while waiting for a case to move forward can affect someone's job, family, and ability to help their own defense.