Maine Revised Statutes
Chapter 609: HABEAS CORPUS
14 §5545. Habeas corpus for prisoner as witness

§5545. Habeas corpus for prisoner as witness
A court may issue a writ of habeas corpus, when necessary, to bring before it a prisoner for trial in a cause pending in such court, or to testify as a witness when his personal attendance is deemed necessary for the attainment of justice.  
Whenever, under this section or under any other section in this chapter, a court issues a writ of habeas corpus ordering before it a prisoner confined in any penal or correctional institution under the control of the Department of Corrections, or confined in any county jail, its order as to the transportation of the prisoner to and from the court must be directed to the sheriff of the county in which the court is located. It is the responsibility of the sheriff or any one or more of the sheriff's authorized deputies pursuant to any such order to safely transport a prisoner to and from the court and to provide safe and secure custody of the prisoner during the proceedings, as directed by the court. At the time of removal of a prisoner from an institution, the transporting officer shall leave with the head of the institution an attested copy of the order of the court, and upon return of the prisoner shall note that return on the copy.   [PL 2015, c. 335, §5 (AMD).]
Any prisoner who escapes from custody of the sheriff or any of his deputies or any other law enforcement officer following removal for appearance in court, from a penal or correctional institution or from a county jail, and prior to return thereto, shall be chargeable with escape from the penal or correctional institution or county jail from which he was removed, and shall be punished in accordance with Title 17-A, section 755.   [PL 1975, c. 740, §1-A (RPR).]
SECTION HISTORY
PL 1969, c. 71 (AMD). PL 1971, c. 224 (AMD). PL 1975, c. 740, §1-A (AMD). PL 1989, c. 722, §4 (AMD). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1999, c. 583, §1 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 653, Pt. A, §4 (AMD). PL 2015, c. 335, §5 (AMD).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 14: COURT PROCEDURE -- CIVIL

Part 6: EXTRAORDINARY WRITS

Chapter 609: HABEAS CORPUS

14 §5501. Right to writ

14 §5502. Post-conviction habeas corpus (REPEALED)

14 §5503. Jurisdiction; commencement of proceedings; petition; amendments (REPEALED)

14 §5504. Contents of petition (REPEALED)

14 §5505. Further pleadings and procedure (REPEALED)

14 §5506. Counsel for indigent petitioners (REPEALED)

14 §5507. Waiver of grounds not claimed; effect of prior petition of coram nobis or error (REPEALED)

14 §5508. Review of final judgment; release pending appeal (REPEALED)

14 §5509. Minors in armed forces entitled to writ

14 §5510. Parent or guardian of minor may have writ

14 §5511. Application for writ on behalf of another

14 §5512. Writ not available

14 §5513. Application

14 §5514. Where writ returnable; entry of judgment

14 §5515. Application; denial of writ

14 §5516. Excessive bail

14 §5517. Refusal of copy of precept; writ granted

14 §5518. Form of writ

14 §5519. Time of service, return and tender of fees

14 §5520. Production of body of restrained person; sickness

14 §5521. Examination of causes of restraint

14 §5522. Notice to interested persons before discharge

14 §5523. Proceedings in court

14 §5524. Detention for bailable offense; admission to bail (REPEALED)

14 §5525. Form of writ if restraint not by officer

14 §5526. Issuance and service of writ

14 §5527. Designation of unknown person; restraining person

14 §5528. -- restrained person

14 §5529. Form of return

14 §5530. Verification of returns

14 §5531. Custody of party

14 §5532. Neglect of officer to deliver copy of precept

14 §5533. Failure to serve writ; contempt

14 §5534. Attachment against sheriff; service

14 §5535. Refusal to obey writ

14 §5536. No rearrest after discharge

14 §5537. Transfer of prisoner with intent to elude service; penalty

14 §5538. Penalty no bar to action

14 §5539. Third person may appear by stipulating for costs

14 §5540. Bail; exceptions (REPEALED)

14 §5541. Bail commissioners appointed by the court (REPEALED)

14 §5542. Bail for persons committed for not finding sureties (REPEALED)

14 §5543. Surety bonds authorized in criminal cases

14 §5544. Admission to bail before commitment; on Lord's Day (REPEALED)

14 §5545. Habeas corpus for prisoner as witness

14 §5546. Habeas corpus for mentally ill person

14 §5547. Orders to ensure the integrity of the judicial process (REPEALED)