Title 33 — MILITARY AFFAIRS

Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested such an inquiry. Source: SL 2012, ch 175 , § 271.

A court of inquiry consists of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. Source: SL 2012, ch 175 , § 272.

Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a …

Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. Source: SL 2012, ch 175 , § 274.

The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. Source: SL 2012, ch 175 , § 275.

Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial. Source: SL 2012, ch 175 , § 276.

Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority. Source: SL 2012, ch 175 , § 277.

Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member…

The following persons may administer oaths for the purposes of military administration, including military justice: (1) All judge advocates; (2) All summary courts-martial officers; (3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants; (4) All command…

The following persons may administer oaths necessary in the performance of their duties: (1) The president, military judge, and trial counsel for all general and special courts-martial; (2) The president and the counsel for the court of any court of inquiry; (3) All officers desi…

Apprehension is the taking of a person into custody. Source: SL 2012, ch 175 , § 11.

For the purposes of sections §§ 33-10-298 and 33-10-299 , the signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority. Source: SL 2012, ch 175 , § 281.

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…

The Governor may delegate any authority vested in the Governor under this code, and provide for the subdelegation of any such authority, except the power given the Governor by §

The fees and authorized travel expenses of all witnesses, experts, victims, court reporters, and interpreters, fees for the service of process, the costs of collection, apprehension, detention and confinement, and all other necessary expenses of prosecution and the administration…

For the purposes of § 33-10-303 , there is created in the state treasury a fund to be designated the military justice fund that shall be administered by the adjutant general, from which expenses of military justice shall be paid in the amounts and manner as prescribed by law. The…

Fines imposed by a military court or through imposition of nonjudicial punishment may be paid to the state and delivered to the court or imposing officer, or to a person executing their process. Fines may be collected in the following manner: (1) By cash or money order; (2) By re…

This code shall be so construed as to effectuate its general purpose to make it uniform, so far as practical, with the Uniform Code of Military Justice, chapter 47 of Title 10, United States Code as of January 1, 2012. Source: SL 2012, ch 175 , § 287.

Any person acting under the provisions of this code, whether as a member of the military or as a civilian, is immune from any personal liability for any of the acts or omissions which the person did or failed to do as part of the person's duties under this code. Source: SL 2012, …

This chapter may be cited as the Uniform State Code of Military Justice (USCMJ). Source: SL 2012, ch 175 , § 289.

Any person authorized by this code or by chapter 47 of Title 10, United States Code, or by regulations issued under either, to apprehend persons subject to this code, any marshal of a court-martial appointed pursuant to the provisions of this code, and any peace officer or civil …

Commissioned officers, warrant officers, petty officers, and noncommissioned officers have authority to quell quarrels, frays, and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein. Source: SL 2012, ch 175 , § 13.

If an offender is apprehended outside the state, the offender's return to the area must be in accordance with normal extradition procedures or by reciprocal agreement. Source: SL 2012, ch 175 , § 14.

No person authorized by this section to apprehend persons subject to this code or the place where such offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwis…

Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person. Source: SL 2012, ch 175 , § 16.

An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers, petty officers, or noncommissioned office…

A commissioned officer, a warrant officer, or a civilian subject to this code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another co…

No person may be ordered into arrest or confinement except for probable cause. Source: SL 2012, ch 175 , § 19.

Sections 33-10-35 to 33-10-38 , inclusive, do not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified. Source: SL 2012, ch 175 , § 20.

If any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release…

If a person subject to this code is confined before, during, or after trial, confinement may be in a civilian or military confinement facility. Source: SL 2012, ch 175 , § 22.

No person authorized to receive prisoners pursuant to this code may refuse to receive or keep any prisoner committed to the person's charge by a commissioned officer of the state military forces, if the committing officer furnishes a statement, signed by such officer, of the offe…

Each person authorized to receive prisoners pursuant to this code to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as the person is relieved from guard, report to the commanding officer of the prisoner the name of the prison…

No member of the state military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces. Source: SL 2012, ch 175 , § 25.

No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person. The arrest or confinement imposed upon such person may not be any more rigorous than the circumstan…

A person subject to this code accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement. Source: SL 2012, ch 175 , § 27.

If delivery is made to any civil authority pursuant to § 33-10-46 of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered…

If the Governor, as commander in chief, issues an order to the National Guard, or any portion thereof, or the commanding officer of an organization issues any order, to perform any military duty that may be required under the law and regulations, and any enlisted servicemember fa…

The commanding officer at any encampment, parade, drill, muster, annual training, or other rendezvous of the National Guard may order subordinates to perform any lawful military duty. The commanding officer may place in arrest during the time of such meeting, and confine under gu…

Under such regulations as prescribed, any commanding officer (and for purposes of this section, officers-in-charge) may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The Governor, the adjutant general, or …

Any commanding officer may impose upon enlisted members of the officer's command the following: (1) An admonition; (2) A reprimand; (3) The withholding of privileges for not more than six months which need not be consecutive; (4) The forfeiture of pay of not more than seven day's…

Any commanding officer of the grade of major or lieutenant commander, or above may impose upon enlisted members of the officer's command the following: (1) Any punishment authorized in subdivisions 33-10-51(1), (2), and (3); (2) The forfeiture of not more than one-half of one mon…

The Governor, the adjutant general, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose: (1) Upon officers of the officer's command: (a) Any punishment authorized in subdivisions 33-10-52(1), (2), (3), and…

Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there shall be an apportionment of punishments so that no single punishment in …

Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. If the commanding officer determines that the punishment options may include arrest in quarters or restriction, the a…

The officer who imposes the punishment, or the successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may: (1) Mitigate reduction in grade to f…

A person punished under this code who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within fifteen days after the punishment is either announced or sent to the accused, as the commander ma…

The imposition and enforcement of disciplinary punishment under this code for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishabl…

Whenever a punishment of forfeiture of pay is imposed under this code, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed. Source: SL 2012, ch 175 , § 40.

Rules promulgated by the Adjutant General, pursuant to chapter 1-26 , may prescribe the form of records to be kept of proceedings under this code and may prescribe that certain categories of those proceedings shall be in writing. Source: SL 2012, ch 175 , § 41; SL 2023, ch 109 , …