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Oregon Revised Statutes Military Affairs; Emergency Services § 398.058

Current as of January 01, 2023 | Updated by Findlaw Staff

(1)(a) Except as provided in paragraph (b) of this subsection, any person subject to the Oregon Code of Military Justice charged with an offense under the code may be ordered, as a priority prisoner, into arrest or confinement, as circumstances may require.

(b) A person subject to the code charged only with a minor offense normally tried by a summary court-martial or subject to punishment under Article 15 of the code may not ordinarily be placed in confinement.

(2) When any person subject to the Oregon Code of Military Justice is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person.

(3) When a person subject to the Oregon Code of Military Justice is placed in confinement prior to summary court-martial or disposition under Article 15 of the code, the person shall be conditionally released pending disposition of the charges.

(4) A person described in subsection (3) of this section may be reconfined if the person violates the conditional release. The person violates the conditional release if the person fails to attend drill periods, periods of active duty training, annual training, other periods determined by the confining authority or hearings related to the pending charges or other conditions imposed by the confining authority.

(5) As used in this section, “priority prisoner” means a person subject to the Oregon Code of Military Justice who:

(a) Has been ordered into confinement by a confining authority;

(b) Is received by a keeper, officer, warden or other person in charge of the county jail, penitentiary, prison or other facility in which the person has been ordered confined; and

(c) May be released only upon order of the confining authority.

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Cite this article: FindLaw.com - Oregon Revised Statutes Military Affairs; Emergency Services § 398.058 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-32-military-affairs-emergency-services/or-rev-st-sect-398-058/

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