UCMJ Article 87b: Offenses Against Correctional Custody and Restriction

Article 87b of the MCM states a service member may be subject to prosecution if they escape from correctional custody, breach of correctional custody, or breach of restriction.

In order toTo be convicted of a violation of Article 87b Escape from Correctional Custody, the prosecution must prove, beyond a reasonable doubt, the accused:

1. was placed in correctional custody by a person authorized to do so;

2. while in correctional custody, was under physical restraint and

3. escaped from the physical restraint before being released from the physical restraint by proper authority.

For Article 87b Breach of Correctional Custody to be applicable, the prosecution must demonstrate the accused:

1. was placed in correctional custody by a person authorized to do so;

2. while in correctional custody, was under restraint other than physical restraint and

3. went beyond the limits of the restraint before being released from correctional custody or relieved of the restraint by proper authority.

The prosecution may argue Article 87b Breach of Restrictions by demonstrating the accused:

1. was ordered to be restricted to certain limits by a person authorized to do so, and

2. with knowledge of the limits of the restriction, went beyond those limits before being released by proper authority.

Understanding Article 87b (Offenses Against Correctional Custody and Restriction) of the UCMJ

Under Article 87b Escape from Correctional Custody, the prosecution must prove beyond a reasonable doubt the accused escaped the punishment of correctional custody before being formally released by authorized personnel by removing physical restraints or vacating the containment area.

Prosecution of Article 87b Breach of Correctional Custody must prove the accused breached any restraint imposed upon them while in custody.  This may range from a breach of physical restraints to a confinement violation in a specific location.

Article 87b, Breach of Restraint, requires the prosecution to demonstrate that the accused violated the moral restraint imposed upon them through an order that specified they remain within certain limits.

Maximum Possible Punishment for Violations of Article 87b

Service members convicted of violating Article 87b face the maximum possible punishment of a dishonorable discharge, forfeiture of all pay and allowances, and up to one year of confinement.

How do you defend against Article 87b – Offenses Against Correctional Custody and Restriction?

When facing the combined resources of the military and the current cultural climate, you need to be prepared to defend your career and your freedom. Crisp and Associates, LLC has a team of experienced trial attorneys who have won these cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected former Army JAG with over 23 years of experience in military law and a sought-after speaker and lecturer on martial law. Donald Gordon has litigated cases before the Discharge Review Board, the Board for Correction of Military Records, and the Board for Correction of Naval Records regarding various immediate matters and a diverse background of clients.

If you or someone you know is facing Article 87b charges for Offenses Against Correctional Custody and Restriction, you need to speak with a Military defense attorney immediately. A service member may be prosecuted if they escape from correctional custody, breach correctional custody, or breach.