§ 16-112-123 - Writ in nature of summary habeas corpus.
16-112-123. Writ in nature of summary habeas corpus.
(a) (1) When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that there is good reason to believe that he or she will be carried out of the state, or suffer some irreparable injury before he or she can be relieved by a writ of habeas corpus, any court or judge authorized to issue the writ may issue a warrant reciting the facts and directed to any sheriff, coroner, constable, or other person, commanding him or her to take the prisoner and to bring the prisoner forthwith before the court or judge, to be dealt with according to law.
(2) Where the proof shall also be sufficient to justify the arrest of the person having the prisoner in his or her custody, as for a criminal offense committed in the taking and detaining the prisoner, the warrant shall also contain an order for the arrest of the offender.
(b) The warrant shall be executed according to the command thereof, and, when the prisoner is brought before the court or judge, the person detaining the prisoner shall make a return in like manner, and the like proceedings shall be had as if a writ of habeas corpus had been issued in the first instance.
(c) If the person having the prisoner in custody is brought before a court or a judge as for a criminal offense, he or she shall be examined, committed, bailed, or discharged in the same manner as in other criminal cases of like nature.