La. Admin. Code tit. 41 § II-506

Current through Register Vol. 50, No. 8, August 20, 2024

Section II-506 - Pretrial Restraint

A. General. Pretrial restraint is moral or physical restraint on a Service member's liberty which may be imposed before and during disposition of offenses. Pretrial restraint may consist of conditions on liberty, restriction in lieu of arrest, arrest, or confinement.

B. Conditions on Liberty. Conditions on liberty are imposed by orders directing a person to do or refrain from doing specified acts. Such conditions may be imposed in conjunction with other forms of restraint or separately.

C. Restriction in Lieu of Arrest. Restriction in lieu of arrest is the restraint of a person by oral or written orders directing the person to remain within specified limits; a restricted person shall, unless otherwise directed, perform full military duties while restricted.

D. Arrest. Arrest is the restraint of a person by oral or written order not imposed as punishment, directing the person to remain within specified limits; a person in the status of arrest may not be required to perform military duties such as commanding or supervising personnel, serving as guard, or bearing arms. The status of arrest automatically ends when the Service member is placed, by the authority of the person who ordered the arrest or a superior authority, on duty inconsistent with the status of arrest. Arrest shall not prevent requiring the Service member arrested to do ordinary cleaning policing, or to take part in routine training and duties.

E. Confinement. Pretrial confinement is physical restraint, imposed by order of competent authority, depriving a person of freedom pending disposition of offenses for a period of longer than 24 hours. This should be distinguished from detention, discussed in Paragraphs 5-4. Pretrial confinement will not be used except in accordance with Paragraphs 5-7.

La. Admin. Code tit. 41, § II-506

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2380 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).