(a) In the case of any person engaged in military service who is charged with a misdemeanor and whose bond has been fixed at not more than $400.00 plus costs, any sheriff shall be allowed to accept, in lieu of bail, a recognizance bond executed and signed by the commanding officer of the person or the officer's lawfully delegated subordinates. Any person so charged may be taken into custody on behalf of the military installation by his commanding officer or by persons designated by the commanding officer of the military installation under the following terms and conditions:
(1) Immediately following his release he will be returned by the military police or other designated authority directly to the military installation and delivered to the duty officer of the command to which he is attached;
(2) He then will be restrained as appropriate in each case. The restraint will be for a minimum of 12 hours in all cases involving consumption of alcoholic beverages. He normally will be restricted to the limits of the military installation until such time as the charges are dismissed or his case has been adjudicated;
(3) He will not be transferred, granted leave, or discharged from the military service without 36 hours' notice to the sheriff or his deputy sheriff;
(4) He will be delivered to the sheriff or his deputy on demand; and
(5) These terms or conditions will be withdrawn only upon his posting the required bond or otherwise being released by the sheriff, his deputy, or the appropriate court.
(b) The recognizance bond shall be of the following type:
In consideration of the release of (name of person charged)
charged with (name or description of offense) it is agreed
that the aforementioned prisoner will be restrained at the
(appropriate military installation) in whatever degree considered to be
appropriate by his commanding officer. This restraint will be for a
minimum of 12 hours in all cases involving consumption of alcoholic
beverages. It is further agreed that he will not be transferred, granted
leave, or discharged from the (appropriate service) without
notice to the sheriff or his deputy and will be delivered to the sheriff
or his deputy upon demand. These terms and conditions will be withdrawn
only upon his posting of the required personal bond or upon the release
by the sheriff, his deputy, or the appropriate court.
Signed
Official title
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