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Colorado Statutes, Title 28

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Title 28, Military and Veterans

0 chapters · 246 sections in this title.

All chapters in Title 28246 Ch 3107 Ch 3.162 Ch 555 Ch 416 Ch 16

246 sections·Filtered byTitle 28✕

Colo. Rev. Stat. § 28-3.1-205 Jurisdiction of summary courts-martial
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(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…
Colo. Rev. Stat. § 28-3.1-206 Who may convene general courts-martial
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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…
Colo. Rev. Stat. § 28-3.1-207 Who may convene special courts-martial
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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…
Colo. Rev. Stat. § 28-3.1-208 Who may convene summary courts-martial

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(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…

Colo. Rev. Stat. § 28-3.1-209 Who may serve on courts-martial

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(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…

Colo. Rev. Stat. § 28-3.1-210 Military judge of a general or special court-martial

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(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…

Colo. Rev. Stat. § 28-3.1-211 Detail of trial and defense counsel

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(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…

Colo. Rev. Stat. § 28-3.1-212 Detail or employment of reporters and interpreters

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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…

Colo. Rev. Stat. § 28-3.1-213 Absent and additional members

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(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 …

Colo. Rev. Stat. § 28-3.1-301 General procedures

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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 …

Colo. Rev. Stat. § 28-3.1-303 Duties of trial counsel and defense counsel

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(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…

Colo. Rev. Stat. § 28-3.1-306 Challenges

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(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 …

Colo. Rev. Stat. § 28-3.1-308 Statute of limitations

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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.…

Colo. Rev. Stat. § 28-3.1-311 Opportunity to obtain witnesses and other evidence

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(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…

Colo. Rev. Stat. § 28-3.1-312 Refusal to appear or testify

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(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…

Colo. Rev. Stat. § 28-3.1-313 Contempt

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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 …

Colo. Rev. Stat. § 28-3.1-401 Cruel and unusual punishments prohibited

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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.

Colo. Rev. Stat. § 28-3.1-402 Maximum limits

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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.

Colo. Rev. Stat. § 28-3.1-402.5 Classification of offenses

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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…

Colo. Rev. Stat. § 28-3.1-403 Effective date of sentences

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(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 …

Colo. Rev. Stat. § 28-3.1-404 Execution of confinement

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(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 …

Colo. Rev. Stat. § 28-3.1-405 Commitment under sentence of confinement

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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, _____…

Colo. Rev. Stat. § 28-3.1-406 Collection of fines

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(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 ________________________ ) ) …

Colo. Rev. Stat. § 28-3.1-407 Initial action on the record by convening authority - staff judge advocate review

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(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…

Colo. Rev. Stat. § 28-3.1-408 Reconsideration and revision

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(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…

Colo. Rev. Stat. § 28-3.1-409 Rehearings

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(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…

Colo. Rev. Stat. § 28-3.1-410 Approval by the convening authority

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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…

Colo. Rev. Stat. § 28-3.1-411 Review of records - disposition

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(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…

Colo. Rev. Stat. § 28-3.1-412 Review counsel

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(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…

Colo. Rev. Stat. § 28-3.1-413 Review by governor

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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…

Colo. Rev. Stat. § 28-3.1-414 Error of law - lesser included offense

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(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 …

Colo. Rev. Stat. § 28-3.1-415 Vacation of suspension of sentence

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(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…

Colo. Rev. Stat. § 28-3.1-416 Petition for a new trial

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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…

Colo. Rev. Stat. § 28-3.1-417 Remission and suspension

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(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…

Colo. Rev. Stat. § 28-3.1-418 Restoration

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(1) Under regulations prescribed by the governor, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, may be restored, unless a new trial or rehearing is …

Colo. Rev. Stat. § 28-3.1-419 Finality of proceedings, findings, and sentences

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The proceedings, findings, and sentences of courts-martial as reviewed and approved as required by this code and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval as required by this code are final. Orders publish…

Colo. Rev. Stat. § 28-3.1-420 Appeal following review and approval

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(1) The accused, within thirty-five days after the date the final reviewing authority takes action, may take an appeal to the supreme court of the state of Colorado pursuant to the Colorado appellate rules. (2) When the accused petitions the governor pursuant to section 28-3.1-41…

Colo. Rev. Stat. § 28-3.1-421 Appeal by the state

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(1) The state shall not appeal a finding of not guilty with respect to a charge or specification. In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following: (a) An order or ruling of the military judge that terminates the procee…

Colo. Rev. Stat. § 28-3.1-501 Punitive articles of the federal "Uniform Code of Military Justice" incorporated

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Pursuant to section 28-3.1-102.5, the punitive articles, 10 U.S.C. secs. 877 to 933, and the general article, 10 U.S.C. sec. 934, of the federal "Uniform Code of Military Justice" are incorporated into the "Colorado Code of Military Justice", this article 3.1; except that the max…

Colo. Rev. Stat. § 28-3.1-601 Courts of inquiry

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(1) Courts of inquiry to investigate any matter may be convened by the governor. (2) A court of inquiry shall consist of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. (3) Any person subject to thi…

Colo. Rev. Stat. § 28-3.1-602 Authority to administer oaths

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(1) The following members of the military forces may administer oaths for the purposes of military justice, and affidavits may be taken for those purposes before such members or before persons having the general powers of a notary public: (a) The state judge advocate general and …

Colo. Rev. Stat. § 28-3.1-603 Sections to be explained

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Sections of this code shall be carefully explained to every person at the time of his or her enlistment, appointment, transfer, or induction into or at the time of his or her order to duty in or with any of the state military forces or within ninety days thereafter. A complete te…

Colo. Rev. Stat. § 28-3.1-604 Complaints of wrongs

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Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer…

Colo. Rev. Stat. § 28-3.1-606 Presumption of jurisdiction

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The jurisdiction of the military courts and boards established by this code shall be presumed, and the burden of proof rests on any person seeking to invalidate the jurisdiction of those courts or boards of jurisdiction in any action or proceeding. Source: L. 83: Entire article a…

Colo. Rev. Stat. § 28-3.1-606.5 Concurrent jurisdiction with civil authorities

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If concurrent civilian and military jurisdiction exists to prosecute the same offense allegedly committed by a member of the state military forces, and a district attorney with jurisdiction to prosecute the offense has filed felony charges against the member pursuant to state law…

Colo. Rev. Stat. § 28-3.1-607 Delegation of authority by the governor

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The governor may delegate any authority vested in him or her under this code. Source: L. 83: Entire article added, p. 1195, § 1, effective June 10. L. 2002: Entire section amended, p. 621, § 123, effective May 24.