44-41.1 - Failure to attend annual active duty training; etc. - Virginia Statutes

§ 44-41.1. Failure to attend annual active duty training; etc.

If any person, being an active member of the Virginia National Guard, inviolation of valid orders, fails to initially report for annual active dutytraining or having initially reported absents himself from his unit withoutleave, upon warrant issued, after hearing, by a summary court-martial, suchperson shall be taken into custody by military personnel of the VirginiaNational Guard, or by any State Police Officer or local law-enforcementofficer listed in § 44-50, and be forthwith returned to his assigned unit bysuch military personnel, or held by the State Police or by such locallaw-enforcement officers until such time as he is taken into custody bymilitary personnel. If taken into custody by the State Police or by locallaw-enforcement officers, he shall be afforded reasonable opportunity to makebail or recognizance as provided in Chapter 9 (§ 19.2-119 et seq.) of Title19.2. In no case shall he be held in custody by the State Police or by suchlocal law-enforcement officers in excess of twenty-four hours. Upon return tohis assigned unit, such person shall be subject to disciplinary proceedings.

If any active member of the Virginia National Guard fails to report forscheduled inactive duty training, he may, in the same manner, be taken intocustody and returned to his unit where he shall be subject to disciplinaryproceedings.

(1977, c. 315; 1978, c. 342; 1983, c. 65; 1984, c. 206.)