(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 or she is entitled to bail, or who has alleged actual innocence of the offense or offenses for which the person was convicted.
(2) The procedures for persons who allege actual innocence shall be in accordance with § 16-112-201 et seq.
(b) (1) The writ of habeas corpus shall be granted upon the application, and in the name of the father, mother, guardian, or next friend of any married woman or infant, against any person who shall unlawfully have or detain in custody or bondage any infant or married woman.
(2) Similar proceedings shall be had for hearing and determining the cause and affording the relief demanded as in other cases.
(c) Writs of habeas corpus shall issue upon the application of the husband, father, mother, guardian, or next friend of any married woman or infant detained by any religious or other association or by persons acting under the authority of the association. The prosecuting attorney, where the detention is made, shall prosecute the writ without fee, if required to do so.
(d) If the restraint or confinement is by virtue of any warrant, order, or process, a copy thereof must accompany the petition, or it must appear by affidavit annexed thereto, showing that by reason of the person being concealed before the application, a demand of the copy could not be made, or that the demand was made of the person by whom the prisoner is confined or restrained, and a copy refused.
Section: Previous 16-112-102 16-112-103 16-112-104 16-112-105 16-112-106 16-112-107 16-112-108 16-112-109 16-112-110 16-112-111 16-112-112 16-112-113 16-112-114 16-112-115 NextLast modified: November 15, 2016