Title 36

NRS 412.2455 “Senior force judge advocate” defined. “Senior force judge advocate” means the senior judge advocate of the commanding officer of the same force of the state military forces as the accused, and who is that commanding officer’s chief legal advisor. (Added to NRS by 20…

NRS 412.246 “Shall” defined. “Shall” is used in an imperative sense. (Added to NRS by 1967, 1309)

NRS 412.247 “Staff judge advocate” defined. “Staff judge advocate” means a commissioned officer responsible for supervising the administration of military justice within a command. (Added to NRS by 1973, 132)

NRS 412.248 “State Judge Advocate” defined. “State Judge Advocate” means the commissioned officer responsible for supervising the administration of the military justice in the Nevada National Guard. (Added to NRS by 1967, 1310)

NRS 412.249 “State military forces” defined. “State military forces” means the members of the Nevada National Guard, reservists of the Nevada National Guard, and volunteer military organizations licensed by the Governor pursuant to NRS 412.126 to organize, drill and bear arms as …

NRS 412.252 “Superior commissioned officer” defined. “Superior commissioned officer” means a commissioned officer superior in rank or command. (Added to NRS by 1967, 1310)

NRS 412.253 Principal assistant: Conditions for assumption of command; qualifications; delegation of authority. 1. The principal assistant shall assume command in the event of the commanding officer’s death, prolonged absence or disability. 2. In the case of the Nevada Air Nation…

NRS 412.254 Applicability. 1. The following persons who are not in federal service are subject to this Code: (a) Members of the Nevada National Guard, whether or not they are in training pursuant to 32 U.S.C. §§ 501 to 507, inclusive. (b) Retired, separated or discharged members …

NRS 412.2545 Persons subject to jurisdiction under Code. 1. The following persons are subject to jurisdiction under this Code: (a) Any person described in subsection 1 of NRS 412.254 or who is a member of the state military forces; and (b) Any person who is in the custody of the …

NRS 412.256 Jurisdiction over certain offenses and to try certain personnel. The following provisions apply with regard to jurisdiction under this Code: 1. An offense of a purely military nature contained in the Code may be the subject of administrative measures, nonjudicial puni…

NRS 412.258 Application for court-martial by dismissed commissioned officer; discharge substituted for dismissal; reappointment. 1. If any commissioned officer dismissed by order of the Governor makes a written application for trial by court-martial, setting forth under oath that…

NRS 412.262 Territorial applicability of Nevada Code of Military Justice. 1. This Code applies throughout the State. It also applies to all persons otherwise subject to this Code while they are serving outside the State, and while they are going to and returning from such service…

NRS 412.263 Failure to comply with procedural provision of Code does not invalidate punishment imposed unless substantial right of servicemen or servicewomen materially prejudiced by error. Failure to comply with any procedural provision of this Code does not invalidate a punishm…

NRS 412.264 Judge advocates and legal officers. 1. The Adjutant General shall appoint an officer of the Nevada National Guard as State Judge Advocate. To be eligible for appointment, an officer must have been licensed to practice law in the State of Nevada for at least 5 years an…

NRS 412.2645 Person may not be tried or punished while incompetent. 1. A person may not be tried or adjudged to punishment under this Code while incompetent. 2. For the purposes of this section, a person is incompetent when presently suffering from a mental disease or defect rend…

NRS 412.266 Apprehension by authorized persons; quelling disorder. 1. Any person authorized by this Code, or by Office regulations issued pursuant thereto, to apprehend persons subject to this Code, any marshal of a court-martial appointed pursuant to the provisions of this Code …

NRS 412.267 Arrest of member failing or refusing to report to place of duty; transport; bail. 1. If any member of the Nevada National Guard fails or refuses to report to his or her appointed place of duty, his or her commanding officer may arrest the member or cause him or her to…

NRS 412.2675 Warrant of arrest: Form; fees and mileage for service. 1. Warrants of arrest issued pursuant to NRS 412.267 must be in substantially the following form: State of Nevada } }ss. County of...................... } To the (Sheriff) (Constable) (Chief of Police) of .......…

NRS 412.268 Apprehension of deserter. Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the Nevada National Guard…

NRS 412.272 Order of apprehension, arrest or confinement. 1. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an oral or written order, delivered in person or through other persons subject to this Code or through any person authorized by…

NRS 412.274 Restraint of person charged with offense; notice of charges; summary disposition. 1. Any person subject to this Code charged with an offense under this Code shall be ordered into arrest or confinement, as circumstances may require, by a person so authorized by this ch…

NRS 412.276 Place of confinement. Confinement other than in a guardhouse, whether before, during or after trial by a military court, must be executed in civil jails, detention facilities, penitentiaries or prisons designated by the Governor or by such persons as the Governor may …

NRS 412.277 Limitations on confinement. No member of the state military forces may be placed in confinement in immediate association with: 1. An enemy prisoner; or 2. A person who is a citizen of a country other than the United States and who is not a member of the Armed Forces o…

NRS 412.278 Receipt of prisoner; report. 1. A provost marshal, commander of a guard, master at arms, keeper or officer of a city or county jail or any other jail, detention facility, penitentiary or prison designated under NRS 412.276 may not refuse to receive or keep any prisone…

NRS 412.282 Certain punishments prohibited while held for trial or result of trial; performance of labor pending trial or result of trial. Subject to NRS 412.412, no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than …

NRS 412.284 Delivery of offender to civil authority; return to military authority. 1. Under such Office regulations as may be prescribed under this chapter, a person on active state duty subject to this Code who is accused of an offense against civil authority may be delivered, u…

NRS 412.286 Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers. 1. Under Office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302, inclusive, with respect to the kind and amount of punishment au…

NRS 412.287 Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment. 1. Each commanding officer shall maintain good order and discipline in his or her command. If…

NRS 412.2875 Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding. 1. This section sets forth the law, policies and procedures for nonjudicial punishment in the state military forces. Unless modified by th…

NRS 412.2877 Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer. 1. Commanding officers have authority to impose nonjudicial punishment u…

NRS 412.2879 No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment. An accused facing nonjudicial punishment does not have the right to demand a trial by court-martial in lieu of accepting the nonjudicial punishment. (Added to NRS by 201…

NRS 412.288 Imposition and enforcement of disciplinary punishment without court-martial. 1. Subject to NRS 412.286, a commanding officer may impose one or more of the following authorized maximum disciplinary punishments listed in this subsection for minor offenses, without the i…

NRS 412.293 Use of formal proceeding by commanding officer after consultation; notice to accused; accused entitled to consult with counsel; commanding officer not bound by formal rules of evidence. 1. A commanding officer who, after inquiry or investigation, determines that nonju…

NRS 412.2935 Announcement of results of punishment. 1. A punishment may be announced at the next formation of the unit of the accused after the punishment is imposed or, if appealed, after the decision on the appeal. The announcement may also be posted on a bulletin board of the …

NRS 412.294 Suspension, remission or mitigation of punishment. 1. The officer who imposes the punishment authorized in NRS 412.288, or the officer’s successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspe…

NRS 412.296 Appeal to superior authority. 1. A person punished under NRS 412.286 to 412.302, inclusive, who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be prompt…

NRS 412.298 Disciplinary punishment not bar to court-martial. The imposition and enforcement of disciplinary punishment pursuant to NRS 412.286 to 412.302, inclusive, for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the …

NRS 412.302 Records of nonjudicial punishment. The Adjutant General may, by Office regulation, prescribe the form of records to be kept of proceedings under NRS 412.286 to 412.302, inclusive, and may also prescribe that certain categories of those proceedings must be in writing. …

NRS 412.304 Courts-martial of Nevada National Guard not in federal service; composition. 1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdic…

NRS 412.306 Jurisdiction of courts-martial of each force. The ground force and the air force of the Nevada National Guard has court-martial jurisdiction over all persons subject to this Code. The exercise of jurisdiction by one force over personnel of another force must be in acc…

NRS 412.307 Jurisdiction of courts-martial of each component and branch of state military forces. Each component or branch of the state military forces has court-martial jurisdiction over all servicemen and servicewomen of that particular component or branch who are subject to th…

NRS 412.308 General court-martial. Subject to NRS 412.306, general courts-martial 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 any punishment allowed by th…

NRS 412.312 Special court-martial. Subject to NRS 412.306, special courts-martial have jurisdiction to try persons subject to this Code for any offense for which they may be punished under this Code and may, under such limitations as the Governor may prescribe, adjudge any punish…

NRS 412.314 Summary court-martial. 1. Subject to NRS 412.306, summary courts-martial have jurisdiction to try persons subject to this Code, except officers, cadets, candidates and midshipmen, for any offense made punishable by this Code under such limitations as the Governor may …

NRS 412.316 Sentence of dismissal or dishonorable discharge must be approved by Governor. In the Nevada National Guard not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor. (Added to NRS by 1967, 1316)

NRS 412.318 When complete record of proceedings and testimony required. A dishonorable discharge, bad-conduct discharge or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made. (Added to NRS …