§ 3-703. Discretion of judge when prior writ has been refused

   (a) Issuance of writ when hearing was held on prior petition for release. -- If it appears to the judge from the petition for the writ or otherwise, that a petitioner, confined as a result of sentence for a criminal offense or judgment in a juvenile proceeding has previously been given a hearing on a prior petition for release from confinement under the same commitment, it is discretionary with the judge whether or not to issue the writ.

(b) Factors to be considered. -- In exercising his discretion the judge may consider whether new grounds of a substantial nature appear to exist for granting of the writ or whether the grounds for the issuance of any former writ were fully and adequately presented.

HISTORY: An. Code 1957, art. 42, § 4; 1973, 1st Sp. Sess., ch. 2, § 1; 1977, ch. 678, § 4.