Restraint of persons charged.

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  2. Oklahoma Statutes
  3. Militia
  4. Restraint of persons charged.

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ARTICLE 10. Restraint of persons charged.

A. 1. Unless otherwise provided in paragraph 2 of this subsection, any person subject to the Oklahoma Uniform Code of Military Justice who is charged with an offense under the Code may be ordered into arrest or confinement, as the circumstances require.

2. When a person subject to the Code is charged only with an offense that is normally tried by summary court-martial, the person ordinarily shall not be ordered into confinement.

B. 1. When a person subject to the Code is ordered into arrest or confinement before trial, immediate steps shall be taken:

  • a.to inform the person of the specific offense 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 of this subsection, the Adjutant General shall promulgate regulations setting forth procedures relating to referral for trial, including procedures for prompt forwarding of the charges and specifications and, if applicable, the preliminary hearing report submitted under Section 832 of this title (Article 32).

Added by Laws 2019, c. 408, § 16, eff. Oct. 1, 2019.


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