Revision history

Provision 305(h)

Version 3 update Current
2026-07-14 12:03 · admin
Authority: Exec. Order 14130 (Dec. 20, 2024) (Executive Order, eff. 2024-12-20)
305(h)
Who may direct release from confinement.
Any commander of a confinee or an officer appointed under regulations of the Secretary concerned to conduct a pretrial confinement review under R.C.M. 305(j) or (k) may direct the confinee’s release. A military judge may direct release from pretrial confinement once charges for which the accused has been confined are referred or as part of a pre-referral proceeding conducted in accordance with R.C.M. 309. For purposes of this subsection (R.C.M. 305(h)), “any commander” includes the immediate or higher commander of the confinee and the commander of the installation on which the confinement facility is located.
Show changes from v2
Who may direct release from confinement.
Any commander of a confinee,confinee or an officer appointed under regulations of the Secretary concerned to conduct thea pretrial confinement review under R.C.M. 305(j) or (k), or,(k) oncemay chargesdirect havethe beenconfinee’s referred,release. aA military judge detailedmay todirect therelease court-martialfrom topretrial whichconfinement theonce charges againstfor which the accused havehas been referred,confined mayare directreferred releaseor fromas pretrialpart confinement.of a pre-referral proceeding conducted in accordance with R.C.M. 309. For purposes of this subsection (R.C.M. 305(h)), “any commander” includes the immediate or higher commander of the confinee and the commander of the installation on which the confinement facility is located.
Version 1 create
2026-07-14 12:00 · admin
Original text (before tracking)
305(h)
Who may direct release from confinement.
Any commander of a confinee, an officer appointed under regulations of the Secretary concerned to conduct the review under R.C.M. 305(j) or (k), or, once charges have been referred, a military judge detailed to the court-martial to which the charges against the accused have been referred, may direct release from pretrial confinement. For purposes of this subsection (R.C.M. 305(h)), “any commander” includes the immediate or higher commander of the confinee and the commander of the installation on which the confinement facility is located.
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