Title 27 — Title 27: Armed Forces and Veterans

Sec. 27-149. Restraint of persons charged with offenses. Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement, as circumstances may require. When any person subject to this code is placed in arrest or confinement prio…

Sec. 27-150. Place of confinement. Persons confined other than in a guard house, whether before, during or after trial by a military court, shall be confined in civil jails, penitentiaries, or prisons designated by the Governor or by such person as he may authorize to act. (1967,…

Sec. 27-151. Duty of community correctional center, jail and prison officers. (a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a community correctional center or any other jail, penitentiary, or prison designated under section 27-150, sh…

Sec. 27-152. Punishment prohibited before trial. Subject to section 27-199, no person, while being held for trial or the result of trial, shall be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or con…

Sec. 27-153. Trial by civil authority. (a) Under such regulations as may be prescribed by the Governor, a person subject to this code who is accused of an offense against civil authority may be delivered, upon request of such authority, to the civil authority for trial. (b) When …

Sec. 27-154. Nonjudicial disciplinary punishments for minor offenses. (a) Under rules prescribed by the Military Department, limitations may be placed upon the kind and amount of punishment authorized by this section and upon categories of commanding officers and warrant officers…

Sec. 27-155. Kinds of courts-martial. (a) In the state military forces not in federal service, there shall be general, special and summary courts-martial constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except …

Sec. 27-156. Jurisdiction of forces. Each force of the state military forces shall have court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed b…

Sec. 27-157. Jurisdiction of general courts-martial. Subject to section 27-156, general courts-martial shall have jurisdiction to try persons subject to this code for any offense made punishable by this code and may, under such limitations as the Governor may prescribe, adjudge a…

Sec. 27-158. Jurisdiction of special courts-martial. Subject to section 27-156, special courts-martial shall have jurisdiction to try persons subject to this code for any offense for which they may be punished under this code. A special court-martial shall have the same powers of…

Sec. 27-159. Jurisdiction of summary courts-martial. (a) Subject to section 27-156, summary courts-martial shall have jurisdiction to try persons subject to this code, except officers, for any offense made punishable by this code. (b) No person with respect to whom summary courts…

Sec. 27-160. Approval of Governor prerequisite to execution of dismissal or dishonorable discharge sentence. In the state military forces not in federal service, no sentence of dismissal or dishonorable discharge shall be executed until it is approved by the Governor. (1967, P.A.…

Sec. 27-161. Court-martial to have complete record of procedures and testimony. No dishonorable discharge, bad conduct discharge or dismissal shall be adjudged by any court-martial unless a complete record of the procedures and testimony before the court has been made. (1967, P.A…

Sec. 27-162. Sentence of confinement in lieu of fine. In the state military forces not in federal service, a court-martial may, instead of imposing a fine, sentence to confinement for not more than one day for each dollar of the authorized fine. (1967, P.A. 717, S. 22.)

Sec. 27-163. Convening of general courts-martial by Governor. In the state military forces not in federal service, general courts-martial may be convened by the Governor. (1967, P.A. 717, S. 23.)

Sec. 27-164. Commanding officer may convene special courts-martial. (a) In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, w…

Sec. 27-165. Commanding officer may convene summary courts-martial. (a) In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, grou…

Sec. 27-166. Who may serve on courts-martial. (a) Any commissioned officer of or on duty with the state military forces is eligible to serve on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. (b) Any warrant officer of or o…

Sec. 27-167. Military judge of general or special court-martial. (a) The Adjutant General or his designee shall appoint each military judge. A military judge shall be detailed to each general court-martial. Subject to regulations of the Adjutant General, a military judge may be d…

Sec. 27-168. Trial and defense counsel. (a) For each general and special court-martial the authority convening the court shall detail trial counsel and defense counsel, and such assistants as he considers appropriate. No person who has acted as investigating officer, law officer,…

Sec. 27-169. Court reporters. Interpreters. The convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the co…

Sec. 27-170. Absent and additional members. (a) No member of a general or special court-martial shall be absent or excused after the court has been assembled for the trial of the accused unless excused as a result of a challenge, excused by the military judge for physical disabil…

Sec. 27-171. Preferring of charges. (a) Charges and specifications shall be signed by a person subject to this code under oath before a person authorized by this code to administer oaths and shall state: (1) That the signer has personal knowledge of, or has investigated, the matt…

Sec. 27-172. Protection against self-incrimination. (a) No person subject to this code shall compel any person to incriminate himself or to answer any question the answer to which may tend to incriminate him. (b) No person subject to this code shall interrogate, or request any st…

Sec. 27-173. Preliminary investigation. Rights of accused. (a) No charge or specification shall be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inqui…

Sec. 27-174. Charges and investigation papers forwarded to Governor. 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 wit…

Sec. 27-175. Advice of staff judge advocate and reference for trial. Corrections in charges and specifications. (a) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. …

Sec. 27-176. Service of charges on accused. Time for trial. The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace no person shall, against his objectio…

Sec. 27-177. Mittimus for confinement on failure to appear for trial. Bail. Confinement pending trial. When an accused person has been arrested for failure to appear before a court-martial for trial, the military judge, president of the court-martial, if a special court-martial t…

Sec. 27-178. Procedure. Rules of evidence. The procedure, including modes of proof, in cases before military courts and other military tribunals may be prescribed by the Governor by regulations, which shall, so far as he considers practicable, apply the principles of law and the …

Sec. 27-179. Censure of court or member, coercion prohibited. (a) No authority convening a general, special or summary court-martial nor any other commanding officer, or officer serving on the staff thereof, shall censure, reprimand, or admonish the court or any member, military …

Sec. 27-180. Court-martial. Prosecution. Trial counsel. Defense counsel. Assistant counsel. (a) 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 the proceedings. (b…

Sec. 27-181. Sessions. (a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for the purpose of (1) hearin…

Sec. 27-182. Continuance. A military judge or a court-martial may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just. (1967, P.A. 717, S. 42; P.A. 77-295, S. 4.) History: P.A. 77-295 added “A military judge or a” before “…

Sec. 27-183. Challenges. (a) 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 military judge, or if none, the court, shall determine the relevancy and validity of challeng…

Sec. 27-184. Oaths. (a) Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant or associate defense counsel, reporters, and interpreters shall take an oath to pe…

Sec. 27-185. Statute of limitations. (a) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny may be tried and punished at any time without limitation. (b) Except as otherwise provided in this section, a person charged w…

Sec. 27-186. Second trial for same offense prohibited. (a) No person shall, without his consent, be tried a second time in any military court of the state for the same offense. (b) No proceeding in which an accused has been found guilty by a court-martial upon any charge or speci…

Sec. 27-187. Pleading by accused. If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understandin…

Sec. 27-188. Obtaining of witnesses and evidence. (a) The trial counsel, the defense counsel and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the Governor may prescribe. (b) The military judge, presid…

Sec. 27-189. Refusal of witness to appear. Witness fees. (a) Any person not subject to this code who: (1) Has been duly subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a depositio…

Sec. 27-190. Contempt. A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for thirty days or a fine of one hundred doll…

Sec. 27-191. Depositions. (a) At any time after charges have been signed, as provided in section 27-171, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a depositi…

Sec. 27-192. Sworn testimony in record of court of inquiry admissible, when. (a) In any case not extending to the dismissal of a commissioned officer the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testi…

Sec. 27-193. Voting by members of court-martial. Rulings on questions. Determinations by military judge. (a) Voting by members of a general or special court-martial upon questions of challenge, on the findings, and on the sentence shall be by secret written ballot. The junior mem…

Sec. 27-194. Two-thirds vote required for conviction and sentence. Majority vote for other questions. Tie vote. (a) No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken. (b) All sentences shall be d…

Sec. 27-195. Announcement of findings and sentence. A court-martial shall announce its findings and sentence to the parties as soon as determined. (1967, P.A. 717, S. 55.)

Sec. 27-196. Record of proceedings. Authentication. Copy to accused. (a) Each court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the president and the military judge. …

Sec. 27-197. Cruel punishments prohibited. Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, shall not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or…

Sec. 27-198. Governor to prescribe table of maximum punishments. The punishment which a court-martial may direct for an offense may not exceed limits prescribed by such regulations as the Governor shall prescribe in a table of maximum punishments. (1967, P.A. 717, S. 58.)