5204 - Restraint of persons charged with offenses.
§ 5204. Restraint of persons charged with offenses. (a) General rule.--Any person subject to this part charged with an offense under this part may be ordered into arrest or confinement. When any person subject to this part is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused, to try him, or to dismiss the charges and release him. (b) Issuing warrants to peace officers.--The convening authority of any court-martial shall have the power to issue warrants of apprehension directed to the sheriff or any constable or peace officer within the proper county to apprehend persons subject to this part charged with an offense under this part and to deliver such persons into the custody of the State military forces. (c) Admission to bail.--In cases where the unit of which the accused is a member is not in a status of active State duty or engaged in annual field training, such accused, if apprehended or ordered into confinement prior to or during trial by a military court, may be admitted to bail by the officer exercising special court-martial jurisdiction over him or by a superior commanding officer, or the Adjutant General.