U.S. v. Regan, 62 M.J. 299

Trial Stages: Pretrial: Pretrial Restraint

1. the procedural protections or the credit provided by RCM 305 in connection with pretrial confinement apply to restriction tantamount to confinement only when the conditions and constraints of that restriction constitute physical restraint, the essential characteristic of confinement; to come within the scope of RCM 305, the conditions or terms of the restriction must constitute physical restraint depriving an accused of his freedom; thus, restriction tantamount to confinement does not necessarily trigger the application of RCM 305

Trial Stages: Pretrial: Pretrial Confinement

1. the procedural protections or the credit provided by RCM 305 in connection with pretrial confinement apply to restriction tantamount to confinement only when the conditions and constraints of that restriction constitute physical restraint, the essential characteristic of confinement; to come within the scope of RCM 305, the conditions or terms of the restriction must constitute physical restraint depriving an accused of his freedom; thus, restriction tantamount to confinement does not necessarily trigger the application of RCM 305

Trial Stages: Sentence and Punishment: Credits

1. the procedural protections or the credit provided by RCM 305 in connection with pretrial confinement apply to restriction tantamount to confinement only when the conditions and constraints of that restriction constitute physical restraint, the essential characteristic of confinement; to come within the scope of RCM 305, the conditions or terms of the restriction must constitute physical restraint depriving an accused of his freedom; thus, restriction tantamount to confinement does not necessarily trigger the application of RCM 305
2. in this case, where appellant was an inpatient at a hospital for drug treatment, was not subject to physical restraint incidental to pretrial confinement, and was treated as a patient rather than as a prisoner, the military judge did not err in refusing to grant additional credit pursuant to RCM 305(k) for the restrictions imposed by the hospital; the conditions of appellant’s inpatient stay at the hospital did not amount to physical restraint characteristic of confinement, thus entitling her to credit because of a violation of RCM 305; the restrictive parameters set by the hospital were for legitimate medical reasons, to prevent relapse or a person running out and getting additional drugs