322.005(1)(1) This code has applicability in all places, provided that either the person subject to this code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces; however, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense. 322.005(2)(2) Military courts may be convened and held in units of a state military force while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state. 322.005 HistoryHistory: 2007 a. 200; 2009 a. 179. 322.006322.006 Article 6 — Judge advocates. 322.006(1)(1) The senior force judge advocate in each of the state’s military forces or that judge advocate’s delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force. 322.006(2)(2) Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the state judge advocate. 322.006(3)(3) No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case. 322.006 HistoryHistory: 2007 a. 200; 2009 a. 179. APPREHENSION AND RESTRAINT
322.007322.007 Article 7 — Apprehension. 322.007(1)(1) In this section, “apprehend” means to take a person into custody. 322.007(2)(2) Any person authorized by this code or by the Uniform Code of Military Justice, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-martial appointed subject to the provisions of this code, and any peace officer or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon probable cause that an offense has been committed and that the person apprehended committed it. 322.007(3)(3) Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code. 322.007(4)(4) If an offender is apprehended outside the state, the offender’s return to the state must be in accordance with normal extradition procedures or by reciprocal agreement. 322.007(5)(5) No person authorized by this section to apprehend persons subject to this code or the place where an offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law. 322.007 HistoryHistory: 2007 a. 200; 2009 a. 179. 322.009322.009 Article 9 — Imposition of restraint. 322.009(1)(a)(a) “Arrest” means the restraint of a person by an order, not imposed as a punishment for an offense, directing him or her to remain within certain specified limits. 322.009(1)(b)(b) “Confinement” means the physical restraint of a person. 322.009(2)(2) 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 persons subject 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. 322.009(3)(3) 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 the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order persons into arrest or confinement may not be delegated. 322.009(4)(4) No person may be ordered into arrest or confinement except for probable cause. 322.009(5)(5) 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. 322.009 HistoryHistory: 2007 a. 200; 2009 a. 179. 322.010322.010 Article 10 — Restraint of persons charged with offenses. Any person subject to this code charged with an offense under this code may be ordered into arrest or confinement, as circumstances may require. When any person subject to this code 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 diligent steps shall be taken to try the person or to dismiss the charges and release the person. 322.010 HistoryHistory: 2007 a. 200. 322.011322.011 Article 11 — Place of confinement; reports and receiving of prisoners.