Kansas prosecutors would disclose jailhouse witness testimony and related benefits

Prosecutors would tell the defense when they plan to use covered jailhouse testimony and share information about the witness. This covers testimony about statements made while both people were jailed, when the witness requested, was offered, or may later receive a benefit. Confidential informants, accomplices, and co-defendants are excluded. A judge could allow late disclosure if reasonable efforts could not identify the witness or obtain the information on time. If disclosure would likely cause bodily harm to the witness, a judge could limit access to defense lawyers and issue an order protecting the information. Disclosure would follow the deadline in Kansas's criminal evidence-sharing law, with the court-approved exception described above.

Prosecutors would keep central records and send the information to the Kansas Bureau of Investigation, which would maintain a statewide database. Records would cover used or planned testimony and related benefits for witnesses who requested, were offered, or may later receive a benefit. Statements must have been made while both people were jailed. Confidential informants, accomplices, and co-defendants are excluded. Only prosecutors could access the database, and its records would be confidential and exempt from public records requests. The confidentiality rule would expire on July 1, 2029, unless lawmakers reviewed and acted to continue it before that date.

Prosecutors would notify victims when a covered jailhouse witness receives a benefit for offering or giving testimony against a defendant. Notice would go to any victim connected to the prosecution. Covered witnesses testify about statements made while both people were jailed; confidential informants, accomplices, and co-defendants are excluded. Notice would be required when the witness receives a benefit, rather than merely requests one or is offered one.