17-6-3
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17-6-3.
(a)
In the case of any person engaged in military service who is charged with a
misdemeanor and whose bond has been fixed at not more than $400.00 plus costs,
any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond
executed and signed by the commanding officer of the person or the
officer´s lawfully delegated subordinates. Any person so charged may be
taken into custody on behalf of the military installation by his commanding
officer or by persons designated by the commanding officer of the military
installation under the following terms and conditions:
(1)
Immediately following his release he will be returned by the military police or
other designated authority directly to the military installation and delivered
to the duty officer of the command to which he is attached;
(2)
He then will be restrained as appropriate in each case. The restraint will be
for a minimum of 12 hours in all cases involving consumption of alcoholic
beverages. He normally will be restricted to the limits of the military
installation until such time as the charges are dismissed or his case has been
adjudicated;
(3)
He will not be transferred, granted leave, or discharged from the military
service without 36 hours´ notice to the sheriff or his deputy sheriff;
(4)
He will be delivered to the sheriff or his deputy on demand; and
(5)
These terms or conditions will be withdrawn only upon his posting the required
bond or otherwise being released by the sheriff, his deputy, or the appropriate
court.
(b)
The recognizance bond shall be of the following type:
In
consideration of the release of ______________ (name of person charged) charged
with ______________ (name or description of offense) it is agreed that the
aforementioned prisoner will be restrained at the ______________ (appropriate
military installation) in whatever degree considered to be appropriate by his
commanding officer. This restraint will be for a minimum of 12 hours in all
cases involving consumption of alcoholic beverages. It is further agreed that he
will not be transferred, granted leave, or discharged from the ______________
(appropriate service) without notice to the sheriff or his deputy and will be
delivered to the sheriff or his deputy upon demand. These terms and conditions
will be withdrawn only upon his posting of the required personal bond or upon
the release by the sheriff, his deputy, or the appropriate court.
Signed
___________________
Official title __________________
Official title __________________