10 U.S.C. § 810 — Art. 10. Restraint of persons charged

Page 726 TITLE 10—ARMED FORCES § 808 (Aug. 10, 1956, ch. 1041, 70A Stat. 39.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 807(a) ...... 807(b) ...... 50:561(a). 50:561(b). May 5, 1950, ch. 169, § 1 (Art. 7), 64 Stat. 111. 807(c) ...... 50:561(c). In subsection (a), the words ‘‘into custody’’ and ‘‘of a person’’ are transposed. In subsection (c), the words ‘‘All’’ and ‘‘shall’’ are omitted as surplusage. The word ‘‘Commissioned’’ is in- serted before the word ‘‘officers’’ for clarity. The word ‘‘therein’’ is substituted for the words ‘‘in the same’’. § 808. Art. 8. Apprehension of deserters Any civil officer having authority to appre- hend offenders under the laws of the United States or of a State, Commonwealth, possession, or the District of Columbia may summarily ap- prehend a deserter from the armed forces and deliver him into the custody of those forces. (Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 109–163, div. A, title X, § 1057(a)(4), Jan. 6, 2006, 119 Stat. 3440.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 808 .......... 50:562. May 5, 1950, ch. 169, § 1 (Art. 8), 64 Stat. 111. The word ‘‘may’’ is substituted for the words ‘‘It shall be lawful for * * * to’’. The words ‘‘a State, Territory, Commonwealth, or possession, or the District of Co- lumbia’’ are substituted for the words ‘‘any State, Dis- trict, Territory, or possession of the United States’’. The words ‘‘of the United States’’, before the words ‘‘and deliver’’, are omitted as surplusage. The words ‘‘those forces’’ are substituted for the words ‘‘the armed forces of the United States’’, after the words ‘‘custody of’’. Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘Commonwealth, possession,’’ for ‘‘Territory, Commonwealth, or posses- sion,’’. § 809. Art. 9. Imposition of restraint (a) Arrest is the restraint of a person by an order, not imposed as a punishment for an of- fense, directing him to remain within certain specified limits. Confinement is the physical re- straint of a person. (b) An enlisted member may be ordered into arrest or confinement by any commissioned offi- cer by an order, oral or written, delivered in per- son or through other persons subject to this chapter. A commanding officer may authorize warrant officers, petty officers, or noncommis- sioned officers to order enlisted members of his command or subject to his authority into arrest or confinement. (c) A commissioned officer, a warrant officer, or a civilian subject to this chapter or to trial thereunder may be ordered into arrest or con- finement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another com- missioned officer. The authority to order such persons into arrest or confinement may not be delegated. (d) No person may be ordered into arrest or confinement except for probable cause. (e) Nothing in this article limits the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified. (Aug. 10, 1956, ch. 1041, 70A Stat. 40.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 809(a) ...... 809(b) ...... 50:563(a). 50:563(b). May 5, 1950, ch. 169, § 1 (Art. 9), 64 Stat. 111. 809(c) ...... 50:563(c). 809(d) ...... 50:563(d). 809(e) ...... 50:563(e). In subsection (b), the word ‘‘commissioned’’ is in- serted before the word ‘‘officer’’ for clarity. The words ‘‘member’’ and ‘‘members’’, respectively, are sub- stituted for the words ‘‘person’’ and ‘‘persons’’. In subsection (c), the words ‘‘A commissioned’’ are substituted for the word ‘‘An’’ for clarity. The word ‘‘commissioned’’ is inserted after the word ‘‘another’’ for clarity. In subsection (d), the word ‘‘may’’ is substituted for the word ‘‘shall’’. In subsection (e), the word ‘‘limits’’ is substituted for the words ‘‘shall be construed to limit’’. § 810. Art. 10. Restraint of persons charged (a) IN GENERAL.—(1) Subject to paragraph (2), any person subject to this chapter who is charged with an offense under this chapter may be ordered into arrest or confinement as the cir- cumstances require. (2) When a person subject to this chapter is charged only with an offense that is normally tried by summary court-martial, the person or- dinarily shall not be ordered into confinement. (b) NOTIFICATION TO ACCUSED AND RELATED PROCEDURES.—(1) When a person subject to this chapter is ordered into arrest or confinement be- fore trial, immediate steps shall be taken— (A) to inform the person of the specific of- fense of which the person is accused; and (B) to try the person or to dismiss the charges and release the person. (2) To facilitate compliance with paragraph (1), the President shall prescribe regulations set- ting forth procedures relating to referral for trial, including procedures for prompt for- warding of the charges and specifications and, if applicable, the preliminary hearing report sub- mitted under section 832 of this title (article 32). (Aug. 10, 1956, ch. 1041, 70A Stat. 40; Pub. L. 114–328, div. E, title LII, § 5121, Dec. 23, 2016, 130 Stat. 2896.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 810 .......... 50:564. May 5, 1950, ch. 169, § 1 (Art. 10), 64 Stat. 111. The word ‘‘he’’ is substituted for the words ‘‘such per- son’’. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: ‘‘Any person sub- 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-