10 U.S.C. § 814 — Art. 14. Delivery of offenders to civil au-

Page 727 TITLE 10—ARMED FORCES § 814 ject to this chapter charged with an offense under this chapter shall be ordered into arrest or confinement, as circumstances may require; but when charged only with an offense normally tried by a summary court- martial, he shall not ordinarily be placed in confine- ment. When any person subject to this chapter is placed in arrest or confinement prior to trial, imme- diate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dis- miss the charges and release him.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 811. Art. 11. Reports and receiving of prisoners (a) No provost marshal, commander of a guard, or master at arms may refuse to receive or keep any prisoner committed to his charge by a commissioned officer of the armed forces, when the committing officer furnishes a state- ment, signed by him, of the offense charged against the prisoner. (b) Every commander of a guard or master at arms to whose charge a prisoner is committed shall, within twenty-four hours after that com- mitment or as soon as he is relieved from guard, report to the commanding officer the name of the prisoner, the offense charged against him, and the name of the person who ordered or au- thorized the commitment. (Aug. 10, 1956, ch. 1041, 70A Stat. 40.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 811(a) ...... 811(b) ...... 50:565(a). 50:565(b). May 5, 1950, ch. 169, § 1 (Art. 11), 64 Stat. 112. In subsection (a), the word ‘‘may’’ is substituted for the word ‘‘shall’’. The words ‘‘a commissioned’’ are sub- stituted for the word ‘‘an’’ for clarity. § 812. Art. 12. Prohibition of confinement of mem- bers of the armed forces with enemy pris- oners and certain others No member of the armed forces may be placed in confinement in immediate association with— (1) enemy prisoners; or (2) other individuals— (A) who are detained under the law of war and are foreign nationals; and (B) who are not members of the armed forces. (Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 114–328, div. E, title LII, § 5122, Dec. 23, 2016, 130 Stat. 2896.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 812 .......... 50:566. May 5, 1950, ch. 169, § 1 (Art. 12), 64 Stat. 112. The words ‘‘of the United States’’ are omitted as sur- plusage. The word ‘‘may’’ is substituted for the word ‘‘shall’’. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: ‘‘No member of the armed forces may be placed in confinement in imme- diate association with enemy prisoners or other foreign nationals not members of the armed forces.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 813. Art. 13. Punishment prohibited before trial No person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his pres- ence, but he may be subjected to minor punish- ment during that period for infractions of dis- cipline. (Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 97–81, § 3, Nov. 20, 1981, 95 Stat. 1087.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 813 .......... 50:567. May 5, 1950, ch. 169, § 1 (Art. 13), 64 Stat. 112. The words ‘‘the provisions of’’ are omitted as surplus- age. The word ‘‘results’’ is changed to the singular. The word ‘‘may’’ is substituted for the word ‘‘shall’’. Editorial Notes AMENDMENTS 1981—Pub. L. 97–81 substituted ‘‘No person, while being held for trial, may be subjected’’ for ‘‘Subject to section 857 of this title (article 57), no person, while being held for trial or the result of trial, may be sub- jected’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–81 to take effect at the end of the 60-day period beginning on Nov. 20, 1981, and to apply to each person held as the result of a court-mar- tial sentence announced on or after that date, see sec- tion 7(a) and (b)(2) of Pub. L. 97–81, set out as an Effec- tive Date note under section 706 of this title. § 814. Art. 14. Delivery of offenders to civil au- thorities (a) Under such regulations as the Secretary concerned may prescribe, a member of the armed forces accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. (b) When delivery under this article is made to any civil authority of a person undergoing sen- tence of a court-martial, the delivery, if fol- lowed by conviction in a civil tribunal, inter- rupts the execution of the sentence of the court- Page 728 TITLE 10—ARMED FORCES § 815 martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military author- ity, be returned to military custody for the com- pletion of his sentence. (Aug. 10, 1956, ch. 1041, 70A Stat. 41.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 814(a) ...... 814(b) ...... 50:568(a). 50:568(b). May 5, 1950, ch. 169, § 1 (Art. 14), 64 Stat. 112. In subsection (a), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of the Depart- ment’’. In subsection (b), the word ‘‘interrupts’’ is sub- stituted for the words ‘‘shall be held to interrupt’’. The word ‘‘his’’ is substituted for the words ‘‘the said court- martial’’. Statutory Notes and Related Subsidiaries REGULATIONS FOR DELIVERY OF MILITARY PERSONNEL TO CIVIL AUTHORITIES WHEN CHARGED WITH CERTAIN OFFENSES Pub. L. 100–456, div. A, title VII, § 721, Sept. 29, 1988, 102 Stat. 2001, directed the Secretary of Defense to en- sure that the Secretaries of the military departments had issued uniform regulations pursuant to this section not later than 90 days after Sept. 29, 1988, and to trans- mit to committees of Congress a copy of such regula- tions and any recommendations for additional legisla- tion not later than 120 days after Sept. 29, 1988. SUBCHAPTER III—NON-JUDICIAL PUNISHMENT Sec. Art. 815. 15. Commanding officer’s non-judicial punish- ment. § 815. Art. 15. Commanding officer’s non-judicial punishment (a) Under such regulations as the President may prescribe, and under such additional regu- lations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and war- rant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a mem- ber attached to or embarked in a vessel, punish- ment may not be imposed upon any member of the armed forces under this article if the mem- ber has, before the imposition of such punish- ment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the sus- pension of punishments authorized hereunder. If authorized by regulations of the Secretary con- cerned, a commanding officer exercising general court-martial jurisdiction or an officer of gen- eral or flag rank in command may delegate his powers under this article to a principal assist- ant. (b) Subject to subsection (a), any commanding officer may, in addition to or in lieu of admoni- tion or reprimand, impose one or more of the following disciplinary punishments for minor of- fenses without the intervention of a court-mar- tial— (1) upon officers of his command— (A) restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days; (B) if imposed by an officer exercising gen- eral court-martial jurisdiction or an officer of general or flag rank in command— (i) arrest in quarters for not more than 30 consecutive days; (ii) forfeiture of not more than one-half of one month’s pay per month for two months; (iii) restriction to certain specified lim- its, with or without suspension from duty, for not more than 60 consecutive days; (iv) detention of not more than one-half of one month’s pay per month for three months; (2) upon other personnel of his command— (A) if imposed upon a person attached to or embarked in a vessel, confinement for not more than three consecutive days; (B) correctional custody for not more than seven consecutive days; (C) forfeiture of not more than seven days’ pay; (D) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the offi- cer imposing the reduction or any officer subordinate to the one who imposes the re- duction; (E) extra duties, including fatigue or other duties, for not more than 14 consecutive days; (F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days; (G) detention of not more than 14 days’ pay; (H) if imposed by an officer of the grade of major or lieutenant commander, or above— (i) the punishment authorized under clause (A); (ii) correctional custody for not more than 30 consecutive days; (iii) forfeiture of not more than one-half of one month’s pay per month for two months; (iv) reduction to the lowest or any inter- mediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who im- poses the reduction, but an enlisted mem- ber in a pay grade above E–4 may not be reduced more than two pay grades; (v) extra duties, including fatigue or other duties, for not more than 45 consecu- tive days; (vi) restrictions to certain specified lim- its, with or without suspension from duty, for not more than 60 consecutive days; (vii) detention of not more than one-half of one month’s pay per month for three months. Detention of pay shall be for a stated period of not more than one year but if the offender’s