Title 37-B, Title 37-B

1. Meaning. Apprehension is the taking into custody of a person. 2. By military authority. Any person authorized by law or regulations governing the military forces to apprehend persons subject to this Code or to trial thereunder may do so upon reasonable belief that an offense u…

1. Definitions. As used in this section, unless the context otherwise indicates, the following words have the following meanings. A. "Arrest" is the restraint of a person by an order directing the person to remain within certain specified limits and that is not imposed as a punis…

Confinement other than in a guard house, whether prior to, during or after trial by a military court, shall be executed in correctional centers designated by the Governor or by the Adjutant General for that purpose.

A person shall not be ordered into arrest or confinement except for probable cause.

When any person subject to this Code is arrested or confined prior to trial, immediate steps must be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person.

All officers and noncommissioned officers may quell all quarrels, frays and disorders among persons subject to this Code and apprehend persons subject to this Code who take part in those disorders.

When an officer of the military forces delivers a prisoner and furnishes a statement of the offense charged against that prisoner to a provost marshal, commander of the guard, warden, keeper or officer of a city or county jail or other correctional center designated under section…

Every provost marshal, commander of the guard, warden, keeper or officer of a city or county jail or other correctional center designated under section 408 to whose charge a prisoner is committed shall, within 24 hours after such commitment or as soon as the official is relieved …

Insofar as it is not inconsistent with this Code, the United States Manual for Courts-Martial, as established by executive order of the President of the United States and as revised from time to time, applies to proceedings pursuant to this chapter.

1. Disciplinary punishment. A commander may, in addition to or in lieu of admonition, reprimand or extra training, impose disciplinary punishments for minor offenses without the intervention of a court-martial as follows. A. A commander with the rank of captain or below may impos…

A court-martial shall have jurisdiction to try persons subject to this Code for any offense defined and made punishable by this Code. [PL 1983, c. 460, §3 (NEW).] A court-martial shall consist of: [PL 1983, c. 460, §3 (NEW).] 1. With panel. A military judge and a panel of not les…

Except as limited by rules prescribed by the Governor a court-martial may adjudge any one or a combination of the following punishments: [PL 1983, c. 460, §3 (NEW).] 1. Confinement. Confinement at hard labor for not more than 6 months; 2. Hard labor. Hard labor without confinemen…

The jurisdiction of a court-martial is limited to trial of persons subject to this Code who are accused of military offenses described in this Code. Persons subject to this Code who are accused of offenses cognizable by the civil courts of this State or any other state where the …

The convening authority of a court-martial under this Code shall be the Governor or the Adjutant General.

1. Commissioned officer. A commissioned officer is eligible to serve on any court-martial for the trial of a person who may lawfully be brought before the court for trial. 2. Warrant officer. A warrant officer is eligible to serve on a court-martial for the trial of a person, oth…

1. Appointment. The authority convening a court-martial shall designate a military judge to preside over each case. 2. Qualifications. A military judge shall: A. Possess the following military qualifications: (1) Be a commissioned officer of the state military forces; (2) Be a co…

1. Appointment. For each court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the authority considers appropriate. No person who has acted as investigating officer, military judge or court member in any case may a…

The convening authority of a court-martial, shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. If a court reporter is not available, the Governor or Adjutant General may authorize the use of audio tape or o…

1. Absence. No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused, except for physical disability or as a result of a challenge or by order of the convening authority for good cause. 2. Vacancies. Whenever a court-ma…

Except as provided otherwise by this Code, the pretrial and trial procedures before a court-martial must be in accordance with the procedures set forth in the United States Uniform Code of Military Justice, Title 10, United States Code, Chapter 47, for a special court-martial and…

A person may not be tried by court-martial or punished under section 415‑A if the offense with which that person is charged was committed more than 2 years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction.

1. Oaths. A military judge detailed under this Code may administer oaths. 2. Subpoena. A military judge, notary public or clerk of any District Court or Superior Court may issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books, papers and photog…

1. Imprisonment. Under instructions issued by the Governor, a sentence of imprisonment adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by impris…

After a trial by court-martial, the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command or any officer exercising court-martial jur…

The convening authority shall refer the record of each court-martial to the state judge advocate, who shall submit written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shal…

In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as the convening authority finds correct in law and fact and as the convening authority in the con…

1. Return of record. 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. …

Upon petition of the accused, the Supreme Judicial Court shall review the record of any court-martial approved by the convening authority. [PL 2001, c. 662, §54 (AMD).] The accused shall file the petition for review within 30 days of the time the accused is notified of the approv…

In any case reviewed by it, the Supreme Judicial Court may act with respect to any of the findings and sentence as approved by the convening authority. The Supreme Judicial Court shall take action only with respect to matters of law. [PL 1983, c. 460, §3 (NEW).] If the Supreme Ju…

No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount or commuted form of the sentence as the Governor sees fit, and may suspend the execution of the sentence or any part of the sentence.

At any time after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. The state judge advocate shall review the petition, the record a…

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, shall be restored unless a new trial or rehearing is ordered and that executed part is included in a se…

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

An act done with specific intent to commit an offense under this Code, amounting to more than mere preparation and tending, even though failing, to effect its commission is an attempt to commit that offense. [PL 1983, c. 460, §3 (NEW).] Any person subject to this Code who attempt…

Any person subject to this Code who conspires with any other person to commit an offense under this Code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.

1. Acts constituting. Any member of the military forces who commits any of the following acts is guilty of desertion: A. Without authority, goes or remains absent from the member's unit, organization or place of duty with intent to remain away permanently; [RR 2019, c. 1, Pt. B, …

Any member of the military forces who, without authority, fails to go to the member's appointed place of duty at the time prescribed, or goes from that place, or leaves or remains absent from the member's unit, organization or place of duty at which the member is required to be a…

Any person subject to this Code who through neglect or design misses the movement of a ship, aircraft or unit with which the person is required in the course of duty to move must be punished as a court-martial may direct.

Any person subject to this Code who behaves with disrespect toward a superior officer must be punished as a court-martial may direct.

Any person subject to this Code who strikes a superior officer or draws or lifts up any weapon or offers any violence against a superior officer while that officer is in the execution of that office or willfully disobeys a lawful command of the superior officer must be punished a…

Any member who strikes or assaults an officer or noncommissioned officer while that officer or noncommissioned officer is in the execution of that office, willfully disobeys the lawful order of an officer or noncommissioned officer, or treats with contempt or is disrespectful in …

Any person subject to this Code who violates or fails to obey any lawful general order or regulation, or having knowledge of any other lawful order issued by a member of the military forces, that it is the person's duty to obey, fails to obey the order, or is derelict in the perf…

1. Offense. Any person subject to this Code who: A. With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do the person's duty or creates any violence or disturbance is guilty of mutiny; [RR 2019, c. 1, …

Any person subject to this Code who resists apprehension or breaks arrest or who escapes from custody or confinement shall be punished as a court-martial may direct.

Any person subject to this Code who is found under the influence of alcoholic liquor or any drug while on duty or reporting for duty must be punished as a court-martial may direct.