§ 7-12-201 — Disposition of defendant

(a) If the judgment of conviction of any defendant
committed to a state penal institution is reversed on appeal,
the clerk of the supreme court shall forward to the department
of corrections and to the administrator of the institution a
certified copy of the court's mandate directing the defendant's
discharge or a new trial.
(b) Upon receipt of the mandate the director of the
department of corrections shall direct the administrator either
to discharge the defendant or return the defendant to the county
jail of the county in which the defendant was convicted to be
held in the custody of the sheriff pending a new trial.