Title 26 — Military Affairs, Veterans, Disasters, and Aerospace

[Repealed or reserved.]

Article 2. Military Justice.

(a) The adjutant general shall adopt regulations consistent with this chapter for members of the militia. The regulations must be approved by the governor. (b) The regulations adopted under this section must (1) provide for nonjudicial punishment; the regulations for nonjudicial …

Courts-martial have primary jurisdiction over offenses under this chapter, except when an act or omission violates both this chapter and local criminal law, foreign or domestic. In that case, a court-martial may be initiated only after a civilian authority has declined to prosecu…

The code of military justice applies to a member of the militia at all times, except when a member of the militia is (1) in active federal service under 10 U.S.C. (Armed Forces); or (2) outside the state and not in active duty status.

(a) A person discharged from the militia of the state who is later charged with having fraudulently obtained a discharge is subject to trial by court-martial on that charge and is, after apprehension, subject to the code of military justice while in custody under the direction of…

(a) The code of military justice applies to a member of the militia accused of or charged with an offense under this chapter that is committed outside the state if the member is in active state service under this chapter and is serving outside the state at the time the offense is…

(a) The senior force judge advocate of each force of militia of the state, or the delegate of the senior force judge advocate, shall make frequent inspections in the field in supervision of the administration of military justice in the force. (b) A convening authority shall commu…

(a) A member of the militia or a person authorized under 10 U.S.C. 801 - 946 or the code of military justice to apprehend persons subject to the code of military justice, a marshal of a court-martial, and a peace officer or civil officer having authority to apprehend offenders un…

(a) An enlisted member of the militia may be arrested or confined by an oral or written order issued by a commissioned officer or another member of the militia of the state acting at the commissioned officer's direction. A commanding officer may authorize warrant officers, petty …

(a) Except as provided in (b) of this section, a person charged with an offense under this chapter may be arrested or confined as circumstances may require. A person arrested or confined before trial is entitled to prompt notice of the offense of which the person is accused. (b) …

(a) A person confined as a prisoner under the code of military justice shall be confined in a civilian or military confinement facility. (b) Unless otherwise authorized by law, a person authorized to receive a prisoner under (a) of this section may not refuse to receive or keep t…

(a) A person accused of a criminal offense against a civil authority may be delivered, upon request, to a civil authority for trial or confinement. (b) When a sentence imposed in a court-martial proceeding under the code of military justice is interrupted by the delivery of the o…

The military courts for the militia of the state are (1) a general court-martial, consisting of (A) a military judge, not fewer than five members, and not fewer than one alternate member; or (B) only a military judge, if, before the court is assembled, the accused, knowing the id…

Each force of the militia of the state in active military service has court-martial jurisdiction over all members of the militia. The exercise of jurisdiction by one force over personnel of another force must be in accordance with the code of military justice.

Subject to AS 26.05.420, a general court-martial has jurisdiction to try a member of the militia for an offense under this chapter and may impose a punishment not forbidden by the code of military justice.

Subject to AS 26.05.420, a special court-martial has jurisdiction to try a member of the militia for an offense under this chapter and may impose a punishment not forbidden by the code of military justice, other than dishonorable discharge, dismissal, confinement for more than on…

(a) Subject to AS 26.05.420, a summary court-martial has jurisdiction to try a member of the militia except officers, cadets, candidates, and midshipmen for an offense under this chapter. (b) A person over whom a summary court-martial has jurisdiction may not be brought to trial …

(a) A general court-martial in which the member of the militia is accused of committing an offense that is punishable by confinement of more than one year may not be convened until a grand jury of the state has returned a true bill indicating that there is probable cause to belie…

The venue for convening a court-martial, trial, preliminary hearing, and presentation of charges to a state grand jury shall be determined at the discretion of the appropriate court-martial convening authority.

(a) A general court-martial may be convened by (1) the governor; (2) the adjutant general; (3) the commanding officer of a force of the militia of the state; (4) the commanding officer of a division or a separate brigade; (5) the commanding officer of a separate wing. (b) If a co…

(a) A special court-martial may be convened by (1) a person who may convene a general court-martial; (2) the commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station; (3) the commanding officer of a brigade, regiment, detached…

(a) A summary court-martial may be convened by (1) a person who may convene a general or special court-martial; (2) the commanding officer of a detached company or other detachment or the commanding officer of a corresponding unit of the United States Army; (3) the commanding off…

(a) A commissioned officer of the militia of a state or of an active duty component of the armed forces of the United States is eligible to serve on a general, special, or summary court-martial for the trial of a member of the militia. (b) A warrant officer of the militia of a st…

(a) A senior force judge advocate who is in the same force as the accused, or a designee, shall detail a military judge to a general and special court-martial. The military judge shall preside over an open session of the court-martial to which the military judge has been detailed…

(a) For each general and special court-martial, the convening authority shall detail trial counsel, defense counsel, and assistants, as appropriate. (b) A person who has acted as investigating officer, military judge, witness, or court member in a case may not act as trial counse…

(a) The convening authority of a general or special court-martial shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court and may detail or employ interpreters to interpret for the court. (b) A person may not act…

(a) A member of a general or special court-martial may not be absent or excused after the court has been assembled for the trial of the accused unless the member is excused (1) as a result of a challenge; or (2) for good cause by the military judge or by order of the convening au…

(a) Charges and specifications must be signed by a member of the militia under oath before a commissioned officer authorized by AS 26.05.655 to administer oaths. The charges and specifications must state (1) that the signer has personal knowledge of, or has investigated, the fact…

(a) A member of the militia may not compel a person to make a self-incriminating statement or to answer a question if the answer may incriminate the person. (b) A member of the militia may not interrogate or request a statement from a person suspected of an offense under this cha…

(a) A charge or specification may not be referred to a general court-martial for trial until an investigating officer makes a thorough and impartial investigation of all the matters set out in the charge or specification. The investigating officer shall inquire into the truth of …

(a) When a person is held for trial by general court-martial, the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and associated records, to the person exerci…

(a) Before directing the trial of a charge by general court-martial, the convening authority shall refer it to a judge advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the conve…

A trial counsel shall serve or cause to be served on the accused a copy of the charges. A person may not, against the person's objection, be brought to trial before a general court-martial within five days after the service of charges on the person, or before a special court-mart…

[Repealed or reserved.]

The military judge of a general, special, or summary court-martial may, for reasonable cause, grant a continuance to a party for the time, and as often, as justice requires.

(a) Before performing their respective duties, military judges, general and special court-martial members, trial counsel, defense counsel, reporters, and interpreters shall take an oath or affirmation in the presence of the accused that they will perform their duties faithfully. …

(a) A person charged with an offense under this chapter may not be tried or punished for the offense unless the person received sworn charges and specifications issued by an officer exercising court-martial jurisdiction over the command not later than three years after the commis…

Former jeopardy protections provided to a member of the militia are equivalent to those provided under art. I, sec. 9, Constitution of the State of Alaska, and under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

(a) If, after arraignment, an accused makes an irregular pleading or, after a plea of guilty, initiates an action inconsistent with the plea, or if the accused appears to have entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or …

(a) A military judge, the president of a court-martial, or a summary court-martial officer may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and production of books and records, if the courts are sitting within the state and the witnesses, books, and r…

(a) A military judge or summary court-martial officer may punish for contempt a person who (1) uses a menacing word, sign, or gesture in its presence; (2) disturbs its proceedings by any riot or disorder; or (3) wilfully disobeys a lawful writ, process, order, rule, decree, or co…

(a) The accused may assert the affirmative defense of insanity as provided in AS 12.47.010. If the accused gives notice of the defense, the accused shall file with the military judge the notice required by AS 12.47.090. (b) If the accused asserts the defense of insanity under (a)…

(a) An accused who, as a result of a mental disease or defect that renders the accused incompetent to the extent that the accused is unable to understand the nature of the proceedings or to conduct or cooperate intelligently in the defense of the case, may not be tried, convicted…

(a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall immediately announce the result of the b…

(a) A person may not be convicted of an offense under this chapter that is tried by a court-martial unless by the unanimous verdict of the members of the court present at the time the vote is taken. (b) All other questions to be decided by the members of a general or special cour…

(a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record must be authenticated by the signature of the military judge. If the military judge cannot authenticate the record because of the military jud…

A court-martial may not impose on a member of the militia punishment by flogging, branding, marking, or tattooing on the body, or another cruel or unusual punishment. The use of irons, single or double, except for the purpose of safe custody, is prohibited.

(a) A court-martial may not impose a punishment that exceeds the limits set out in the code of military justice and may not impose a sentence of death. A sentence of confinement imposed under this chapter may not exceed 10 years. An offense under this chapter that is punishable b…

(a) If an accused is under sentence to confinement that has not yet been ordered executed, the convening authority or, if the accused is no longer under the convening authority's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the …