13-4136. Remand of prisoner
A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was is legally entitled thereto.
B. Where the party is held under illegal restraint or custody, but any other person is entitled to the restraint or custody of such party, he may be committed to the restraint or custody of the person who is by law entitled thereto.