39A-5-110. Confinement.
| (1) |
Terms Used In Utah Code 39A-5-110- Adjutant general: means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201. See Utah Code 39A-1-102
- Arrest: means restraining an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within a specified area. See Utah Code 39A-5-102
- Arrest: Taking physical custody of a person by lawful authority.
- Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
- Grade: means a step or degree in a graduated scale of office or military rank, established and designated as a grade by law or regulation. See Utah Code 39A-5-102
- Military: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
An individual subject to this chapter, who is charged with an offense under this chapter, may be ordered into arrest or confinement, as circumstances require. |
| (b) |
When an individual subject to this chapter is placed into arrest or confinement prior to trial, action shall be taken immediately to notify the individual of the specific offense charged, and to either try the individual, or dismiss the charges and release the individual. |
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| (2) |
Confinement before, during, or after trial by a military court shall be ordered by a field grade or general officer and may be in a penal institution determined by the governor or the adjutant general. |
Renumbered and Amended by Chapter 373, 2022 General Session
