HAR §7-9-6. Correctional custody; breach of restraint during

(a) A model specification for the offense of correctional custody (breach of restraint during) Shall be as follows: "In that _____________________, while duly undergoing the punishment of correctional custody, did, (at) (on board) _____________________ on or about _____________________ 19__, breach the restraint imposed thereunder by _____________________." (b) The elements of the offense of correctional custody (breach of restraint during) shall be as follows: (1) That the accused was duly placed in correctional custody at the place of correctional custody; (2) That, while in correctional custody, the accused was duly restrained by proper authority to the limits alleged; (3) That the accused knew of this correctional custody and the limits of the restraint; (4) That, at the time and place alleged, the accused went beyond the limits of the restraint before Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 9: General Article State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 6 of 23) the accused had been released from the correctional custody (relieved of the restraint) by the proper authority; (5) That the accused did so by the manner alleged; (6) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. (c) As used in this section, "correctional custody" means the physical restraint of a person during duty or nonduty hours, (or both), imposed as a non-judicial punishment under section 124A-21, HRS. [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP