33-10-48. Failure of enlisted member to report for duty--Arrest--Fees--Promulgation of rules.

If the Governor, as commander in chief, issues an order to the National Guard, or any portion thereof, or the commanding officer of an organization issues any order, to perform any military duty that may be required under the law and regulations, and any enlisted servicemember fails to report for duty, any law enforcement officer shall, upon written request of the commanding officer of such company or troop, if furnished with a copy of the order of the Governor or the commanding officer of the organization, arrest the enlisted servicemember and deliver that enlisted servicemember in person to the commanding officer wherever the commanding officer may direct. The law enforcement officer shall be allowed the same fees and mileage for such service as are now allowed by law in criminal cases. The fees and mileage shall in the first instance be paid by the state if the servicemember's duties are in the service of the state, otherwise the fees and mileage shall be paid as the United States so provides. The fees and mileage may be recovered from the servicemember in accordance with the rules and regulations of the United States armed forces. The Adjutant General may promulgate rules, pursuant to chapter 1-26, to provide for the recovery of fines and mileage from a servicemember who fails to report for military duty as ordered.

Source: SL 2012, ch 175, § 29; SL 2023, ch 109, § 11.