NOTE: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 2 years, E-1. (Category 2)
b. SAMPLE SPECIFICATION:
In that __________ (personal jurisdiction data) did, (at/on board—location), on or about __________, without authority, release __________, a prisoner.
c. ELEMENTS:
(1) That (state the name of the prisoner alleged to have been released) was a prisoner; and
(2) That (state the time and place alleged), the accused released (state the name of the prisoner alleged to have been released) without authority.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A “prisoner” is a person who is in confinement or custody imposed pursuant to lawful apprehension, pre-trial restraint, or pre-trial confinement, or by the sentence of a court-martial, and who has not been set free by a person with authority to release the prisoner.
“Release” refers to the removal of restraint by the custodian, rather than by the prisoner, under circumstances which demonstrate to the prisoner that (he) (she) is no longer in legal (confinement) (custody).