§ 16-112-118 - Discharge.
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 Army or Navy of the United States;
(2) Or who, being subject to the rules and articles of war, is confined by anyone legally acting under the authority thereof;
(3) Or who is held as a prisoner of war under the authority of the United States;
(4) Or who is in custody for any treason, felony, or other high misdemeanor committed in any other state or territory and who, by the Constitution and laws of the United States, ought to be delivered up to the legal authorities of the state or territory.
(b) (1) If it appears that the prisoner is in custody by virtue of process from any court legally constituted or issued by any officer in the exercise of judicial proceedings before him, the prisoner can only be discharged in one (1) of the following cases:
(A) Where the jurisdiction of the court or officer has been exceeded, either as to matter, place, sum, or person;
(B) Where, though the original imprisonment was lawful, yet, by some act, omission, or event which has taken place afterward, the party has become entitled to his or her discharge;
(C) Where the process is defective in some matter or substance required by law, rendering the process void;
(D) Where the process, though in proper form, has been issued in a case, or under circumstances, not authorized by law;
(E) Where the process, though in proper form, has been issued or executed by a person who is not authorized to issue or execute the process, or where the person having the custody of the prisoner, under the process, is not the person empowered by law to detain him or her;
(F) Where the process is not authorized by any judgment, order, decree, or by any provision of law.
(2) No court under this act shall in any other matter have power to inquire into the legality or justice of the process, judgment, decree, or order of any court, legally constituted, nor into the justice or propriety of any commitment for contempt made by any court, officer, or body corporate, according to law, and plainly charged in the commitment, as provided in this act.
(c) No person imprisoned on an indictment, found in any court of competent jurisdiction, or by virtue of any process or commitment to enforce an indictment, can be discharged under the provisions of this act. However, if the offense is bailable, he may be let to bail, and if the offense is not bailable, he or she shall be remanded forthwith.
(d) Where the imprisonment is for any criminal or supposed criminal matter, the court or judge before whom the prisoner shall be brought, under the provisions of this act, shall not discharge him or her for informality, insufficiency, or irregularity of the commitment. However, if from the examination taken and certified by the committing magistrate, or other evidence, it appears that there is sufficient legal cause for commitment, he or she shall proceed to take bail, if the offense is bailable and sufficient bail is offered, and if not, he or she shall recommit the prisoner to jail.