Checklist for Review of Pretrial Confinement

1. 1. Checklist for Review of Pretrial Confinement
   2. Was the confinee confined by order of a commissioned officer of the Armed Forces?Air Force JAG School

1. Was the confinee previously confined for the same offense(s) and released by any person authorized under R.C.M. 305(g)?
2. Did the confinee’s commander decide within 72 hours of ordering the confinee into pretrial confinement, or receipt of a report that a member of his unit was confined, whether pretrial confinement would continue?
3. Did the commander prepare a memorandum of his reasons for approving continued pretrial confinement?
4. Has a charge sheet been prepared?
5. Is the confinee charged only with an offense normally tried by summary court-martial?
6. Did the confinee have or request military counsel prior to this review or meeting with the prisoner?
7. Was the confinee’s counsel informed of the date, time and place of any meeting with the prisoner?
8. Has the confinee been informed of:
   1. The nature of the offenses for which held;
   2. The right to remain silent and that any statement made by the confinee may be used against the confinee;
   3. The right to retain civilian counsel at no expense to the United States, and the right to request assignment of free military counsel;
   4. The procedures by which continued pretrial confinement will be reviewed?
9. Is there a reasonable belief that:
   1. An offense triable by court-martial has been committed;
   2. The confinee committed it;
   3. Pretrial confinement Is required?
10. Has a written memorandum of the decision to approve continued pretrial confinement or order immediate release, including the factual findings upon which they were based, been prepared?
11. Have the confinee and the commander been informed of the decision?
12. Has a copy of the memorandum of the decision with all documents considered been kept on file?