§ 10-9-1. General right to writ.
Every person imprisoned in any correctional institution or otherwise restrained of his or her liberty, other than persons imprisoned or restrained pursuant to a final judgment entered in a criminal proceeding, may prosecute a writ of habeas corpus, according to the provisions of this chapter, to obtain relief from the imprisonment or restraint, if it shall prove to be unlawful.
History of Section.C.P.A. 1905, § 652; G.L. 1909, ch. 305, § 1; G.L. 1923, ch. 356, § 1; G.L. 1938, ch. 584, § 1; impl. am. P.L. 1956, ch. 3721, § 1; G.L. 1956, § 10-9-1; P.L. 1974, ch. 220, § 1.
Structure Rhode Island General Laws
Title 10 - Courts and Civil Procedure – Procedure in Particular Actions
Section 10-9-1. - General right to writ.
Section 10-9-3. - Application for writ — Contents.
Section 10-9-4. - Issuance of writ — Forms.
Section 10-9-5. - Court to which writ returnable.
Section 10-9-6. - Return to Providence superior court when other courts not in session.
Section 10-9-7. - Receipt and return of writ.
Section 10-9-8. - Return or statement by person to whom writ directed.
Section 10-9-9. - Signature and oath to return or statement.
Section 10-9-10. - Body brought with return or statement.
Section 10-9-11. - Illness of person confined.
Section 10-9-12. - Remand, bail, or commitment pending judgment.
Section 10-9-13. - Failure of officer to deliver copy of process by which prisoner held.
Section 10-9-14. - Examination of cause of restraint — Adjournment.
Section 10-9-15. - Notice to party on whose process restraint based.
Section 10-9-16. - Notice to attorney general or complainant in criminal cases.
Section 10-9-17. - Denial of facts in return or statement — Hearing of evidence.
Section 10-9-18. - Discharge on failure to show cause for restraint.
Section 10-9-19. - Admission to bail.
Section 10-9-20. - Order as to bail when person held on civil mesne process.
Section 10-9-21. - Remand to custody.
Section 10-9-22. - Appeals and exceptions barred — Subsequent application to supreme court allowed.
Section 10-9-23. - Enforcement of writ by attachment as for contempt.
Section 10-9-24. - Attachment and commitment of a member of the division of sheriffs.
Section 10-9-25. - Forfeiture for failure to receive and execute writ.
Section 10-9-26. - Precept after disobedience of writ.
Section 10-9-27. - Transfer or concealment of prisoner with intent to avoid writ.
Section 10-9-28. - Common law remedies not barred by penalties.
Section 10-9-29. - Rearrest of discharged person.
Section 10-9-30. - Judicial powers not restrained.
Section 10-9-31. - Power of justices to admit to bail.
Section 10-9-32. - Judicial power to bring in criminal defendants and witnesses.