Section 7-5-1 - Apprehension; pre-trial confinement(a) Any commanding officer may order military police of the state military force concerned to apprehend any member of the commanding officer's command who the commanding officer has probable cause to believe has committed an offense under chapter 124A, HRS, or chapter 7-9.(b) Upon apprehension of the suspected offender, the person executing the apprehension shall deliver the suspected offender to the commanding officer who ordered the apprehension.(c) The commanding officer shall then, determine the appropriate level of restraint, if any. Restraint includes but shall not be limited to: (1) Restriction to a specific area;(2) Arrest in quarters; or(3) Pre-trial confinement. When apprehended only for charges normally tried by a summary court-martial the suspected offender shall not ordinarily be placed in pre-trial confinement.
(d) Where a suspected offender has been apprehended only for an offense normally tried by a summary court-martial, the suspect shall be charged not later than forty-eight hours after the imposition of any pre-trial restraint.(e) The commanding officer shall take all steps required under section 124A-14 to insure that any suspected offender is not subject to unnecessary pre-trial restraint.(f) Pre-trial confinement shall be in facilities designated by section 7-6-7.[Eff: FEB 11 1985] (Auth: HRS §§ 124A-11, 124A-171) (Imp: HRS § 124A-13, 124A-14)