2014 Kentucky Revised Statutes
CHAPTER 35 - MILITARY JUSTICE
35.045 Imposition of restraint.
Download as PDF
<![CDATA[35.045 Imposition of restraint.
(1)
(2)
(3)
(4)
(5)
Arrest is 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 is the physical restraint of a person.
An enlisted member may be ordered into arrest or confinement by any
commissioned officer by an order, oral or written, delivered in person, or
through other personssubject to this code. A commanding officer may
authorize warrant officers, petty officers, or noncommissioned officers to order
enlisted members of the commanding officer's command or subject to the
commanding officer's authority into arrest or confinement.
A commissioned officer, a warrant officer, or a civilian subject to this code or to
trial thereunder may be ordered into arrest or confinement only by a
commanding officer to whose authority he or she is subject, by an order, oral or
written, delivered in person or by another commissioned officer. The authority
to order such persons into arrest or confinement may not be delegated.
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.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 13, effective June 25, 2013. -Amended 1970 Ky. Acts ch. 56, sec. 7. -- Created 1954 Ky. Acts ch. 99, sec. 8,
effective July 1, 1954.
]]>
Disclaimer: These codes may not be the most recent version.
Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
