La. Admin. Code tit. 41 § II-508

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-508 - Bail

A. General. Any person in confinement charged with or convicted of an offense under the LCMJ is entitled to bail pending finality of the sentence. The order fixing the amount of bail shall be in writing, specify the amount of the bail, and designate the officer(s) authorized to accept the bail, and must be signed by the convening authority. [Figure 5-3.] Any person in confinement on a charge under the LCMJ may invoke the supervisory jurisdiction of a military judge on the claim that the convening authority has improperly refused bail or for a reduction of bail. The amount of such bail shall be fixed by the convening authority that ordered the confinement, and shall not exceed the following limits:

1. Summary Court-Martial-$500.00;

2. Special Court-Martial-$1000.00;

3. General Court-Martial-$2500.00.

B. Factors in Determining Bail Amount. The amount of bail shall be such as in the judgment of the convening authority will insure the presence of the accused before the proper court-martial, having regard to:

1. the seriousness of the offense charged;

2. the weight of the evidence against the defendant;

3. the previous criminal record, if any, of the defendant;

4. the ability of the defendant to give bail; and

5. any other circumstances affecting the probability of the defendant's appearance.

C. Procedures. The qualifications of sureties, the bail undertaking, the various types of bail authorized, the rights of surety, the surrender or arrest of the accused, and the exoneration of the surety, shall be governed by the provisions of Articles 323 to 343 inclusive of the Louisiana Code of Criminal Procedure. Proceedings relating to the forfeiture of bail and the collection thereof shall be conducted by the appropriate district attorney under the provisions of LA R.S. 15:85 to LA R.S. 15:89 inclusive, before the district court of the district in which the court-martial proceeding was held. Bail bond forms are located at Figures 5-5 and 5-6.

La. Admin. Code tit. 41, § II-508

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).