Page 482 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10185

commander who convened the court-martial that sentenced the prisoner or the officer exercising
general court-martial jurisdiction over the prisoner. See also R.C.M. 1103.
(3) Allowing a prisoner to escape through neglect.
(a) Allow. "Allow" means to permit; not to forbid or hinder.
(b) Neglect. "Neglect" is a relative term. It is the absence of conduct that would
have been taken by a reasonably careful custodian in the same or similar circumstances.
(c) Escape. "Escape" is defined in subparagraph 12.c.(5)(c).
(d) Status of prisoner after escape not a defense. After escape, the fact that a
prisoner returns, is captured, killed, or otherwise dies is not a defense.
( 4) Allowing a prisoner to escape through design. An escape is allowed through design
when it is intended by the custodian. Such intent may be inferred from conduct so wantonly devoid
of care that the only reasonable inference which may be draVvn is that the escape was contemplated
as a probable result.
(5) Drinking with prisoner. For purposes of this section, "unlawful" is synonymous with
"wrongful." That is, it is unlawful to drink an alcoholic beverage with a prisoner unless the accused
had a legal justification or excuse to do so. Tn this context, any consumption of alcohol with a
prisoner would be unlawful unless the accused had been granted specific authority to do so by
competent authority (e.g., a commander of a confinement facility authorizing limited alcohol
consumption by prisoners on a holiday or special occasion).
d. Maximum punishment.
(1) Releasing a prisoner without authority. Dishonorable discharge, forfeiture of all pay
and allowances, and confinement for 2 years.
(2) Allmving a prisoner to escape through neglect. Bad-conduct discharge, forfeiture of all
pay and allowances, and confinement for 2 years.
(3) Allowing a prisoner to escape through design. Dishonorable discharge, forfeiture of all
pay and allowances, and confinement for 5 years.
(4) Drinking with prisoner. Confinement for 1 year and forfeiture of two-thirds pay per
month for 1 year.
e. Sample specifications.
( 1) Releasing a prisoner without authority.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction, if required), on or about __ 20 _,without authmity, release ____ _,
a pnsoner.
(2)Allowing a prisoner to escape through neglect or design.
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction, if required), on or about __ 20 _, through (neglect) (design), allow
,
_____ a prisoner, to escape.
(3) Drinking with prisoner.
In that __ (personal jurisdiction data), did, (at/on board-location) (subject-matter jurisdiction,
if required), on or about __ 20 _, unlawfully drink alcohol with , a pnsoner.

25. Article 97 (10 U.S.C. 897)-Unlawful detention
a Text of statute.
Any person subject to this chapter who, except as provided by law, apprehends,
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arrests, or confines any person shall be punished as a court-martial may direct.
b. Elements.

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