§ 16-112-121 - Second writ.
16-112-121. Second writ.
(a) If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty of the officer or other person on whom the writ shall be served to return therewith the order, remanding the prisoner. If it appears that the prisoner was remanded for an offense adjudged not bailable, the prisoner shall forthwith be remanded without further proceedings.
(b) It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge the prisoner, if he or she is clearly and specifically charged in the order remanding him or her or in the warrant of commitment, with a criminal offense. However, the prisoner, on the return of the writ, shall be bailed or remanded to prison, according to the circumstances of the case.