Overview of Pretrial Restraint & Pretrial Confinement in the Military:
- When may a person be restrained?
- Types of pretrial restraint
- Who may order confinement?
- Pretrial confinement
- Advice to the accused upon confinement and request of military counsel
- 48 hour review
- Commander’s 72 hour review
- 7 day review (Military Magistrate Program)
- Military Judge review
- Sentence credit for pretrial confinement
- Allen credit
- Mason credit
- R.C.M. 305(k) credit
- Credit for violations of Article 13: Unduly harsh circumstances and pretrial punishment
- Applying sentence credits
- Litigating issues related to pretrial confinement
