October 31, 1985
POWER OF JUSTICE OMBUDSMAN
TO CONFINE FOR VIOLATION OF SENTENCE, OR
PRE-TRIAL RELEASE ORDER, OR STAY
A study of any Justice Ombudsman of the Supreme Court of the Federated States of Micronesia is to implement pre-trial release orders and sentences of this Court and to monitor compliance with those orders and sentences by persons subject thereto.
Jailers within the Federated States of Micronesia are hereby notified and instructed that any Justice Ombudsman of the Federated States of Micronesia Supreme Court is empowered to require confinement of any person subject to such a sentence or pretrial order or other Court-imposed restrictions or conditions upon presentation of such person to the jailer by the Justice Ombudsman, and execution of a written statement by the Justice Ombudsman that he:
1. has determined that there is no judicial officer immediately available to issue an order for confinement; and
2. has probable cause to believe that the person presented at the jail has violated conditions or terms of the sentence or order to which the person is subject; and
3. will file a copy of his written statement with the clerk's office of the Supreme Court of the Federated States of Micronesia and will notify a Justice of this Court as soon as reasonably possible but in any event within sixty (60) hours of the time of confinement.
IT IS HEREBY ORDERED that upon fulfillment of the above conditions, the jailer shall accept and retain custody of such person as instructed in writing by the Justice Ombudsman up to a maximum of 72 hours, and then shall release such person in absence of further notice from the Court.
This order replaces and supersedes General Court Order 1982-2.
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