§ 16-112-101. Procedure
The writ of habeas corpus shall be issued, served, and tried in the manner prescribed in this chapter.
§ 16-112-102. Officers permitted to issue
(a) (1) The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of the circuit court. The power of the Supreme Court and circuit court to issue writs of habeas corpus shall be coextensive with the state. (2) (A) The county judge shall have […]
§ 16-112-103. Petition
(a) (1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in § 16-112-102(a) to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authority, is imprisoned when by law he […]
§ 16-112-104. Bond prior to issuance of writ
(a) The officer granting the writ may previously require bond, with surety, in sufficient penalty, payable to the state or to the person against whom the writ is directed, conditioned that the person detained shall not escape by the way, and for the payment of such costs and charges as may be awarded against him […]
§ 16-112-105. Form of writ
(a) Writs of habeas corpus may be granted without the seal of the officer but shall be signed by him or her. (b) (1) The writ shall be directed to the person in whose custody the prisoner is detained, and made returnable as soon as may be, before the Supreme Court Justices, or before the […]
§ 16-112-106. Service of writ
(a) The writ shall be served by any qualified officer or by any private individual designated by the judge on the person to whom it is directed or, in his or her absence from the place where the petitioner is confined, on the person having him or her in immediate custody. (b) If the person […]
§ 16-112-107. Removal from county within 15 days of term of certain court prohibited — Exception
No person charged with a criminal offense shall be removed by a writ of habeas corpus out of the county in which he or she is confined at any time within fifteen (15) days next preceding the term of the court at which the prisoner ought to be tried, except to convey him or her […]
§ 16-112-108. Return
(a) The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more than twenty (20) miles, the writ shall be made returnable within so many days more as will be equal to one (1) day for every twenty (20) miles for the further […]
§ 16-112-109. Information relating to commitment
(a) When the party for whose relief a writ of habeas corpus has been issued shall stand committed for any criminal or supposed criminal matter, it shall be the duty of the officer or person upon whom the writ is served to bring with the writ all and every examination and information in his or […]
§ 16-112-110. Failure to produce petitioner
If any person on whom a writ of habeas corpus is served fails to bring the body of the petitioner, with a return of the cause of his or her detention, at the time and place specified in the writ, he or she shall forfeit and pay the prisoner one thousand dollars ($1,000).
§ 16-112-111. Order to produce petitioner
When the person who applies for a writ of habeas corpus shall not be in the custody of a jailor or other officer, the judge may, for good cause shown, direct the officer or person serving the writ to take the applicant into his or her custody and produce him or her on the return […]
§ 16-112-112. Failure to produce person because of sickness or infirmity
(a) Whenever, from sickness or other infirmity of the person directed to be produced by a writ of habeas corpus, the person cannot, without danger, be brought before the court or judge before whom the writ is returnable, the person in whose custody he or she is may state the fact in his or her […]
§ 16-112-113. Denial, allegations, and amendment of return
(a) The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show either that his or her detention or imprisonment is unlawful, or that he or she is entitled to his or her discharge. […]
§ 16-112-114. Witnesses
(a) The officer issuing the writ in vacation or the officer before whom it may be returned for trial shall have the same power to compel the attendance of witnesses or to punish a contempt of his or her authority, as a court of record has. His or her judgment on the trial of the […]
§ 16-112-115. Discharge, remand, admission to bail, or other order — Costs
The judge before whom the writ is returned, after hearing the matter, both upon the return and any other evidence, shall either discharge or remand the petitioner, admit the prisoner to bail, or make such order as may be proper. He or she shall adjudge the costs of the proceeding, including the charge for transporting […]
§ 16-112-116. Remand generally
It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either: (1) By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdiction; […]
§ 16-112-117. Admission to bail or remand
Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor or felony, for which the prisoner may be liable to be tried and that the proceedings against him or her are so defective that he or she cannot be detained by […]
§ 16-112-118. Discharge
(a) No person shall be discharged under the provisions of this act: (1) Who is in custody or held by virtue of any legal engagement or enlistment in the United States Army or the United States Navy; (2) Who, being subject to the rules and articles of war, is confined by anyone legally acting under […]
§ 16-112-119. Return of proceedings
The proceedings upon a writ of habeas corpus shall be returned to the clerk of the circuit court of the county in which the writ was heard or the court in which the prosecution, if any, is pending.
§ 16-112-120. Subsequent imprisonment or commitment prohibited — Exceptions
A person released upon a writ of habeas corpus shall not again be imprisoned or committed for the same offense, except by the legal order or process of the court wherein he or she shall be bound by recognizance to appear or some other court having jurisdiction of the same cause.