78B-6-603. Recommitment after discharge forbidden — Exceptions.
A person who has been discharged by order of the court or judge upon habeas corpus may not be imprisoned again, restrained, or kept in custody for the same cause, except in the following cases:
A person who has been discharged by order of the court or judge upon habeas corpus may not be imprisoned again, restrained, or kept in custody for the same cause, except in the following cases:
- (1) if the person has been discharged from custody on a criminal charge and is afterward committed for the same offense by legal order or process; or
- (2) if, after discharge for defect of proof or for any defect of the process, warrant or commitment in a criminal case, the prisoner is again arrested on sufficient proof and committed by legal process for the same offense.
Renumbered and Amended by Chapter 3, 2008 General Session