Title 13A. Maryland Code of Military Justice — Subtitle 2. Apprehension and Restraint

In this subtitle the following words have the meanings indicated.

“Apprehend” means to take a person into custody.

“Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits.

“Confinement” means the physical restraint of a person.

A person authorized by this title or by 10 U.S.C. 47, or by regulations issued under either, to apprehend persons subject to this title, a marshal of a court–martial appointed pursuant to the provisions of this title, and a peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so on probable cause that an offense has been committed and that the person apprehended committed it.

Commissioned officers, warrant officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this title and to apprehend persons subject to this title who take part therein.

If an offender is apprehended outside the State, the offender’s return to the area must be in accordance with normal extradition procedures or by reciprocal agreement.

No person authorized by this section to apprehend persons subject to this title or the place where such offender is confined, restrained, held, or otherwise housed may require payment of a fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.

A civil officer having authority to apprehend offenders under the laws of the United States or the State, or a military officer or noncommissioned officer subject to this title who has been authorized by the Governor by regulation or with the authority of the Adjutant General may summarily apprehend a person subject to this title and deliver the person into the custody of the State military forces.

No person may be ordered into arrest or confinement except for probable cause.

This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

A person subject to this title charged with an offense under this title may be ordered into arrest or confinement, as circumstances may require.

When a person subject to this title is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.

If a person subject to this title is confined before, during, or after trial, confinement shall be in a civilian or military confinement facility.

No person authorized to receive prisoners pursuant to subsection (a) of this section may refuse to receive or keep a prisoner committed to the person’s charge by a commissioned officer of the State military forces, when the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.

Every person authorized to receive prisoners pursuant to subsection (a) of this section to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.

Civilian confinement facilities may not charge the State military forces for the cost of detaining the person so long as the confinement is less than 10 days.

A person subject to this title accused of an offense against civil authority may be delivered, on request, to the civil authority for trial or confinement.

When delivery under this section is made to a civil authority of a person undergoing sentence of a court–martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court–martial, and the offender after having answered to the civil authorities for the offense shall, on the request of competent military authority, be returned to the place of original custody for the completion of the person’s sentence.