§ Article 87b : Offenses Against Correctional Custody and Restriction

Article 87b of the UCMJ (10 U.S.C. § 887b) punishes escape from correctional custody, breach of correctional custody, and breach of restriction.

Who It Applies To

Any person subject to the UCMJ who escapes from, or goes beyond the limits of restraint imposed during, correctional custody; or who goes beyond the limits of a restriction before being released from it.

What It Covers

Escape from correctional custody

1. The accused was placed in correctional custody by a person authorized to do so.
2. While in correctional custody, the accused was under physical restraint.
3. The accused freed themselves from that physical restraint before being released by proper authority.

Breach of correctional custody

1. The accused was placed in correctional custody by a person authorized to do so.
2. While in correctional custody, a certain restraint was imposed on the accused.
3. The accused went beyond the limits of that restraint before being released from correctional custody or relieved of the restraint by proper authority.

Breach of restriction

1. A certain person ordered the accused restricted to certain limits.
2. That person was authorized to order the restriction.
3. The accused knew of the restriction and its limits.
4. The accused went beyond those limits before being released by proper authority.

Correctional custody is a punishment imposed under Article 15. Restriction is a moral restraint imposed by an order to remain within specified limits; it includes pretrial restriction, restriction imposed as nonjudicial punishment or as a court-martial sentence, and administrative restriction in the interest of training, operations, security, or safety.

Maximum Punishment

Maximum authorized punishment.

• Escape from correctional custody: dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.
• Breach of correctional custody: bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.
• Breach of restriction: confinement for 1 month and forfeiture of two-thirds pay per month for 1 month, with no punitive discharge.

Sentencing parameters. All three offenses are Category 1 (0–12 months). The recommended maximum is 6 months for breach of correctional custody and 1 month for breach of restriction, their authorized maximums.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Article 87b is distinct from Article 87a, which addresses resisting apprehension, breaking arrest, and escaping from custody or confinement. Escape from correctional custody requires physical restraint; breach of correctional custody covers other forms of restraint imposed during that punishment.

What the Provision Does

Correctional custody and restriction are lesser forms of restraint than arrest or confinement. Article 87b makes those restraints enforceable in their own right.

History

Offenses against correctional custody and restriction were previously charged as enumerated offenses under Article 134. The Military Justice Act of 2016 (Pub. L. 114-328, § 5407) established them as Article 87b, effective January 1, 2019.

Sources

• 10 U.S.C. § 887b (Article 87b, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 13
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C