1102. Limitations on Certain Punishments

1101. Demand for Court Martial Except as otherwise provided in the Uniform Code of Military Justice, no person in the naval service may demand a court martial either on him- or herself or on any other person in the naval service. 1102. Limitations on Certain Punishments Instruments of restraint, such as handcuffs, chains, irons and straitjackets, shall not be applied as punishment. Other instruments of restraint may not be used except for safe custody and no longer than is strictly necessary…. The punishments of extra duties and hard labor without confinement are not performed on Sunday, although Sunday counts in the computation of the period for which such punishments are imposed. Guard duty shall not be inflicted as punishment. 1104. Treatment and Release of Prisoners Persons in confinement must not be subjected to cruel or unusual treatment. They must be visited at least once every 4 hours to check on their condition and to care for their needs. In the event of an emergency, they may be removed to a safe area or released within the limits of the command. No greater force than that required to restrain or to confine an offender should be used to take into custody a person under the influence of alcohol, marijuana, narcotic substances, or other controlled substances. 1105. Places of Confinement Prisoners must be confined only in brigs or other facilities designated as naval places of confinement by the Secretary of the Navy. In case of necessary temporary confinement, the senior officer present may authorize confinement in spaces that provide sufficient security, safety for both prisoner and guards, and adequate living conditions. Persons under the influence of alcohol or other drugs should not be confined in any place or manner that may be dangerous to them in their condition. 1110. Standards of Conduct All Department of the Navy personnel are expected to conduct themselves in accordance with the highest standards of personal and professional integrity and ethics. At a minimum, all personnel shall comply with directives issued by the Secretary of Defense and the Secretary of the Navy regarding the Standards of Conduct and Government Ethics. 1111. Pecuniary Dealings with Enlisted Persons No officer should have any dealings involving money with enlisted persons except as may be required in the performance of the officer’s duties or as involved in the sale of personal property. An officer may be designated by superior authority to accept deposits from enlisted personnel for the purpose of safeguarding those funds under emergency or operational situations. 1112. Lending Money and Engaging in a Trade or Business Naval personnel must not lend money to another member of the armed services at an interest rate, for the period of the loan, that exceeds 18 percent simple interest per year. Personnel may not act as a salesperson or an agent or engage in a business on board without permission of the commanding officer. 1113. Endorsement of Commercial Product or Process Except as necessary during contract administration to determine specification or other compliance, no person in the Department of the Navy, in his or her official capacity, shall endorse or express an opinion of approval or disapproval of any commercial product or process. 2-10 Student Notes: