10 U.S.C. § 813 — Art. 13. Punishment prohibited before trial

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-