Commander’s 72 hour review

Overview of Commander’s 72 hour review (see Pretrial restraint & pretrial confinement in the military):

military-defense-lawyers98853The prisoner’s commander must be notified of confinement within twenty-four hours, if the order was not made by the commander. Within seventy-two hours of ordering confinement, or receiving notice of confinement, the commander shall review the reason for confinement.

The commander shall order the release of the prisoner,unless the commander believes upon…reasonable grounds, that: (i) An offense triable by a court-martial has been committed; (ii) The prisoner committed it; and (iii) Confinement is necessary because it is foreseeable that: (a) The prisoner will not appear at a trial, pretrial hearing, or investigation, or (b) The prisoner will engage in serious criminal misconduct; and (iv) Less severe forms of restraint are inadequate.

UCMJ art. 11 (2005); R.C.M. 305(h). If the commander concludes that the above factors have been met and the prisoner is to remain in confinement, he or she shall prepare written memorandum stating his conclusions and forward the memorandum to the military magistrate. Id. Note that if the commander is “neutral and detached” and completes the 72-hour review within 48 hours, the review meets both requirements. R.C.M. 305(h)(2); (The Offices of David E. Coombs, Pretrial Confinement Review (2010)) (available at http://www.armycourtmartialdefense.info/2010/12/pretrial-confinement-review.htm).

completes the 72-hour review within 48 hours

forms of restraint are inadequate