Syllabus by the Court…
2. Under K.S.A. 2020 Supp. 22-4612(a), the obligation of one of the statutorily specified governmental entities, such as the city law enforcement agency, to pay for the medical expenses of an indigent criminal offender is initially triggered by the entity having custody of the indigent offender at the time the decision is made to obtain medical treatment for the offender.
3. A person is in custody when under arrest, although arrest might not always be necessary to establish custody.
4. Applying K.S.A. 2020 Supp. 22-4612 to the stipulated facts, no law enforcement agency had custody over the patient at the time the decision was made to obtain medical treatment for the patient.
Source: KS Supreme Court
