La. Admin. Code tit. 41 § II-507

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

Section II-507 - Pretrial Confinement

A. Pre-trial confinement is not authorized. In the case of arrest pursuant to a warrant approved by the Adjutant General, the arresting authority will release the accused to the unit as expeditiously as possible. Overnight pre-trial confinement pursuant to the execution of National Guard warrants is not authorized unless approved by an exception to policy by the State Judge Advocate. In no case will a member of the National Guard be placed in the general population of any confinement facility.

B. Lesser Forms of Restraint. Less serious forms of restraint must always be utilized. The commander shall consider whether the service member could safely remain in the unit, at liberty or under some form of restriction, or conditions of liberty.

La. Admin. Code tit. 41, § II-507

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2381 (November 2009).

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