(1)(a) Except as provided in paragraph (b) of this subsection, any person subject to this chapter charged with an offense under this chapter may be ordered, as a priority prisoner, into arrest or confinement, as circumstances may require.
(b) A person subject to this chapter charged only with a minor offense normally tried by a summary court-martial or subject to punishment under ORS 398.083 may not ordinarily be placed in confinement.
(c) The offense described under ORS 398.322 is not a minor offense for the purposes of this subsection.
(2) When any person subject to this chapter 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 to try the person or to dismiss the charges and release the person.
(3) When a person subject to this chapter is placed in confinement prior to summary court-martial or disposition under ORS 398.083, the person shall be conditionally released pending disposition of the charges.
(4) A person described in subsection (3) of this section may be reconfined if the person violates the conditional release. The person violates the conditional release if the person fails to attend drill periods, periods of active duty training, annual training, other periods determined by the confining authority or hearings related to the pending charges or other conditions imposed by the confining authority.
(5) As used in this section, “priority prisoner” means a person subject to this chapter who:
(a) Has been ordered into confinement by a confining authority;
(b) Is received by a keeper, officer, warden or other person in charge of the county jail, penitentiary, prison or other facility in which the person has been ordered confined; and
(c) May be released only upon order of the confining authority. [1961 c.454 §87; 1975 c.719 §4; 2005 c.512 §8]
Section: Previous 398.008 398.010 398.012 398.014 398.052 398.054 398.056 398.058 398.060 398.062 398.064 398.065 398.066 398.068 398.082 NextLast modified: August 7, 2008