2018 New Jersey Revised Statutes
Title 2A - ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
Chapter 67 - Construction of chapter
Section 2a:67-13 - Who may prosecute writ
Section: 2A:67-13: Who may prosecute writ
Except as provided in section 2A:67-14 of this title, any person hereinafter specified may prosecute a writ of habeas corpus, according to the provisions of this chapter, to inquire into the cause of his imprisonment or restraint:
a. Any person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter;
b. Any person in custody by virtue of civil process issued out of any court in this state;
c. Any person committed, detained, confined or restrained of his liberty, within this state, under any pretense whatsoever;
d. Any person in confinement on a charge of a criminal offense, which is of a bailable nature, for the purpose of putting in such bail;
e. Any person confined in any hospital for the insane, within this state, for the purpose of determining his sanity or insanity;
f. Any person committed to any institution of this state, pursuant to law, but not for a fixed period of time, for the purpose of determining whether the refusal of the chief executive officer thereof to discharge him therefrom is justified;
g. Any person who has left any charitable institution of this state without having been finally discharged therefrom pursuant to law and who was committed or admitted to such institution, pursuant to law, for a permanent or determinable period of time, for the purpose of determining whether such person should be released from the commitment;
h. A superintendent or chief executive officer of any charitable institution of this state, for the purpose of obtaining the release from custody or restraint of a person specified in subsection g. of this section and his return to the custody of such institution.
If sufficient cause appears, the complaint may be filed and the writ may be prosecuted by another on behalf of the person entitled to prosecute the writ.
L.1951 (1st SS), c.344.
