4. Pretrial confinement is not punishment. A person will not be placed in confinement
solely to await the outcome of administrative discharge proceedings. Confinement, other than that
adjudged by a previous court-martial, will not be imposed pending trial or retrial unless permitted
by military law. It may be imposed because of the seriousness of the offense charged or the
presence of factors making it probable that failure to confine would endanger life or property.
While it is true that no facility commander can refuse to accept delivery of a prisoner upon receipt
of properly executed DD Form 2707 (Confinement Order), and while this provision also applies to
pretrial confinement matters, most commands have established policies or have promulgated
regulations and directives to ensure that pretrial confinement authority is not indiscriminately used.
Such local regulations, directives, or policies generally state that an officer of the staff judge
advocate's office must endorse, by his signature, that the circumstances attendant to the particular
case warrant pretrial confinement. This endorsement, when required, can be considered as part of a
properly executed confinement order.
5. Prior to placing an individual in pretrial confinement, the commander ordering such
confinement should inform the individual of the specific wrong of which he is accused. In the event
the commander ordering pretrial confinement is unable to inform the individual prior to
confinement, immediate steps will be taken to ensure the individual is informed of the specific
wrong of which accused.
6. Pretrial confinement in excess of 30 days will be permitted only when personally
approved in each instance by the officer exercising general court-martial jurisdiction. A prisoner
placed in pretrial confinement will remain in such confinement until ordered released by proper
authority.
7. Standards for determining the appropriateness of pretrial confinement and procedures for
placing a person in pretrial confinement are set forth in AR 2710 (Legal Services: Military Justice)
or, where appropriate, in the applicable regulations of the other services.
8. A form of restraint other than confinement will be used whenever possible to control the
activities of individuals awaiting trial. The authorities who may order confinement will limit the
use of pretrial confinement to those instances when--
a. Necessary to ensure the presence of the accused at the trial.
b. The seriousness of the offense charged warrants confinement.
c. Necessary to prevent the accused from committing acts of violence against
themselves or others.
d. The prisoner is in a casual status awaiting disposition instructions, from his parent
organization, and it is considered necessary by the local commander to assure the prisoner's
presence at the time of receipt of such instructions.
9. Immediate steps will be taken to inform the individual confined of the specific offense of
which he is accused and the contemplated action to be taken against him, or the sentence of the
court-martial adjudging a sentence to confinement.
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