Title 28, Military and Veterans

(1) Any person discharged from the military forces who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial on that charge and, after apprehension, shall be subject to this code while in the custody of the military for that …

(1) This code applies to all persons otherwise subject to this code, either in title 32 of the United States Code, as amended, or state active duty status, while they are serving outside the state and while they are going to and returning from such service outside the state in th…

(1) The adjutant general shall select and appoint an officer of the military forces as state judge advocate general. To be eligible for such appointment, an officer must be a member of the bar of the state of Colorado for at least five years and must meet the additional requireme…

(1) Officers, warrant officers, and enlisted members of the military forces may be placed in arrest by their military superiors upon reasonable belief that an offense in violation of this code has been committed and that the person apprehended committed such offense. An enlisted …

Any officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or the District of Columbia may summarily apprehend a deserter from the military forces. If the offender is apprehended outside the state of Colorado, h…

Any person subject to this code who is charged with an offense under this code may be ordered into arrest or confinement by the convening authority, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall no…

(1) Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in a jail in the county where the offense was committed or a jail designated by the convening authority, the costs of such confinement to be paid out of …

(1) (a) Punishment may be imposed for any offense cognizable by a court-martial upon any member of the state military forces under this section. The governor may, by regulation, prescribe limitations on the powers granted in this section with respect to: (I) The kind and amount o…

(1) In the military forces general, special, and summary courts-martial shall be constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except as to punishment, of a similar court of the armed forces of the United St…

A dishonorable discharge or dismissal may not be adjudged unless a verbatim record of the proceedings and testimony before the court has been made. Source: L. 83: Entire article added, p. 1169, § 1, effective June 10.

(1) General courts-martial have jurisdiction to try persons subject to this code for an offense punishable under this code and may adjudge any of the following punishments: (a) Confinement for not more than five years, unless otherwise specified in this code; (b) A fine of any am…

(1) Special courts-martial have jurisdiction to try a person subject to this code for an offense punishable under this code, except for conduct that constitutes an offense described in article 120 (a), 120 (b), 120b (a), or 120b (b) of the federal "Uniform Code of Military Justic…

(1) (a) Summary courts-martial have jurisdiction to try a person subject to this code, except commissioned officers, warrant officers, cadets, candidates, and a person who objects to trial by summary court-martial as described in subsection (1)(b) of this section, for any offense…

General courts-martial may be convened by the governor; the adjutant general for the Colorado National Guard; any general officer in the position of the assistant adjutant general for the Colorado Army National Guard; the assistant adjutant general for the Colorado Air National G…

The commanding officer of a garrison, fort, post, camp, air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or any group of detached units placed under a command for thi…

(1) The commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, battalion, squadron, company, or other detachment may convene a summary cour…

(1) Any commissioned officer off or on duty with the military forces is eligible to serve on all courts-martial for the trial of any person subject to this code. (2) Any warrant officer off or on duty with the military forces is eligible to serve on general and special courts-mar…

(1) (a) The authority convening a general or special court-martial shall request the state judge advocate general to detail as military judge thereof a commissioned officer who is a member in good standing of the bar of this state. No person is eligible to act as military judge i…

(1) For each general or special court-martial, the authority convening the court shall request the state judge advocate general to detail trial counsel and defense counsel and assistants as he or she considers appropriate. No person who has acted as investigating officer, militar…

The convening authority of a general court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of testimony taken before that court or, in the alternative, may utilize sound recording equipment. The convening authority of…

(1) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause. (2) Whenever a general court-martial is reduced …

The governor may prescribe, by regulation, pretrial, trial, and post-trial procedures, including modes of proof, in cases before military courts and other military tribunals. The procedures, so far as practicable, must be the principles of law and the rules of evidence generally …

(1) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of proceedings. (2) The accused has the right to be represented in his or her defense before a general or special c…

(1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than …

The statute of limitations to bring charges for an offense pursuant to this article 3.1 is the same as in the federal "Uniform Code of Military Justice". Source: L. 83: Entire article added, p. 1176, § 1, effective June 10. L. 2002: (3) amended, p. 610, § 81, effective May 24. L.…

(1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations the governor prescribes. (2) The military judge of a court-martial or a summary court-martial may: (a) Issue a warr…

(1) Any person not subject to this code who has been subpoenaed to appear as a witness or to produce books and records before a military court or before a military or civil officer designated to take a deposition to be read in evidence before such a court and who willfully neglec…

A military court may punish for contempt any person who willfully and unlawfully refuses to be sworn as a witness, or who refuses to answer any legal or proper question, or who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by a riot or …

Cruel and unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10.

The punishment which a court-martial may direct for an offense shall not exceed limits prescribed by this code. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10.

A conviction by general court-martial of any military offense for which an accused received a sentence greater than one year of confinement or a conviction by a general court-martial of any offense that, at the time the offense was committed, carries a maximum term of confinement…

(1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay and allowances becoming due before or after the date the sentence is approved by the …

(1) A sentence of confinement adjudged by a military court may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so …

When a sentence of confinement is imposed to be served other than in a guardhouse, the convening authority shall issue a writ in the following or similar form: STATE OF ________________________ ) ) ss. COUNTY OF______________________ ) ​ To the Sheriff of __________ County, _____…

(1) All fines imposed as a sentence of a court-martial shall be paid at the time of approval of the sentence by the convening authority. (2) The commitment to the county jail for nonpayment of fines shall be in the following or similar form: STATE OF ________________________ ) ) …

(1) After a trial by court-martial, the military judge who presided over the court-martial shall forward the record of the court-martial to the convening authority. Upon receipt of the record of the court-martial, the convening authority shall forward the record to the staff judg…

(1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. (2) (a) Where the…

(1) If the convening authority disapproves the findings and sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case, he or she shall state the reasons for disapproval. I…

In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings and the sentence or part or amount of the sentence which he or she finds correct in law and fact. Unless he or she indicates otherwise, approval of the sentence is a…

(1) If the convening authority is the governor, he or she shall refer the record of courts-martial to the state judge advocate general who shall submit his or her written opinion to the governor. If the final action of the court has resulted in acquittal of all charges and specif…

(1) Upon the final review of a sentence of any court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate general. (2) Upon the request of an accused, the state judge a…

Notwithstanding review procedures provided in this code, in any case where no right to review by the governor exists, the accused may, within thirty days after final action is taken by any reviewing authority, petition the governor to review such final action. The governor may ta…

(1) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law, unless the error materially prejudices the substantial rights of the accused. (2) Any reviewing authority with the power to affirm a finding of guilty may affirm so much of …

(1) Before the vacation of the suspension of any court-martial sentence, the officer having court-martial jurisdiction over a probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel, if he or she so de…

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the governor for a new trial on grounds of newly discovered evidence or fraud on the court-martial. Source: L. 83: Entire article added, p. 1184, § 1, effe…

(1) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. (2) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordanc…