78B-6-603 - Recommitment after discharge forbidden -- Exceptions.
78B-6-603. Recommitment after discharge forbidden -- Exceptions.
A person who has been discharged by order of the court or judge upon habeas corpus maynot be imprisoned again, restrained, or kept in custody for the same cause, except in thefollowing cases:
(1) if the person has been discharged from custody on a criminal charge and is afterwardcommitted 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 orcommitment in a criminal case, the prisoner is again arrested on sufficient proof and committedby legal process for the same offense.
Renumbered and Amended by Chapter 3, 2008 General Session