§ 30-13-15 - Nonjudicial punishment.
SECTION 30-13-15
§ 30-13-15 Nonjudicial punishment. –(a) Under such regulations as the governor may prescribe, and under suchadditional regulations as may be prescribed by the adjutant general,limitations may be placed on the powers granted by this chapter with respect tothe kind and amount of punishment authorized, the categories of commandingofficers and warrant officers exercising command authorized to exercise thosepowers, the applicability of this chapter to an accused who demands trial bycourt-martial, and the kinds of courts-martial to which the case may bereferred upon that demand. However, punishment may not be imposed upon anymember of the state military forces under this section if the member has,before the imposition of punishment, demanded trial by court-martial in lieu ofpunishment. Under similar regulations, rules may be prescribed with respect tothe suspension of punishments authorized hereunder. If authorized byregulations of the adjutant general, a commanding officer exercising generalcourt-martial jurisdiction or an officer of general rank in command maydelegate his or her powers under this chapter to a principal assistant.
(b) Subject to subsection (a) of this section, any commandingofficer may, in addition to or in lieu of admonition or reprimand, impose oneor more of the following disciplinary punishments for minor offenses withoutthe intervention of court-martial:
(i) Upon officers of his or her command:
(A) Restriction to certain specified limits, with or withoutsuspension from duty, for not more than thirty (30) consecutive days; and
(B) If imposed by an officer exercising general court-martialjurisdiction or an officer of general rank in command:
(I) Arrest in quarters for not more than thirty (30)consecutive days;
(II) Forfeiture of not more than one-half (1/2) of onemonth's pay per month for two (2) months;
(III) Restriction to certain specified limits, with orwithout suspension from duty, for not more than sixty (60) consecutive days; and
(IV) Detention of not more than one-half (1/2) of one month'spay per month for three (3) months; and
(ii) Upon other personnel of his or her command:
(A) Correctional custody for not more than seven (7)consecutive days;
(B) Forfeiture of not more than seven (7) days' pay;
(C) Reduction to the next inferior pay grade, if the gradefrom which demoted is within the promotion authority of the officer imposingthe reduction or any officer subordinate to the one who imposes the reduction;
(D) Extra duties including fatigue or other duties, for notmore than fourteen (14) consecutive days;
(E) Restrictions to certain specified limits, with or withoutsuspension from duty, for not more than fourteen (14) consecutive days;
(F) Detention of not more than fourteen (14) days' pay; and
(G) If imposed by an officer of the grade of major or above:
(I) Correctional custody for not more than thirty (30)consecutive days;
(II) Forfeiture of not more than one-half (1/2) of onemonth's pay per month for two (2) months;
(III) Reduction to the lowest or any intermediate pay grade,if the grade from which demoted is within the promotion authority of theofficer imposing the reduction or any officer subordinate to the one whoimposes the reduction, but an enlisted member in a pay grade above E-4 may notbe reduced more than two (2) pay grades;
(IV) Extra duties, including fatigue or other duties, for notmore than forty-five (45) consecutive days;
(V) Restrictions to certain specified limits, with or withoutsuspension from duty, for not more than sixty (60) consecutive days; and
(VI) Detention of not more than one-half (1/2) of one month'spay per month for three (3) months.
(2) Detention of pay shall be for a stated period of not morethan one year, but if the offender's term of service expires earlier, thedetention shall terminate upon that expiration. No two (2) or more of thepunishments of arrest in quarters, correctional custody, extra duties, andrestriction may be combined to run consecutively in the maximum amountimposable for each. Whenever any of those punishments are combined to runconsecutively, there must be an apportionment. In addition, forfeiture of paymay not be combined with detention of pay without an apportionment. For thepurposes of this subsection, "correctional custody" is the physical restraintof a person during duty or nonduty hours and may include extra duties, fatigueduties, or hard labor. If practicable, correctional custody will not be servedin immediate association with persons awaiting trial or held in confinementpursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted membersassigned to the unit of which that officer is in charge such of the punishmentsauthorized under subsection (b)(1)(ii) of this section as the adjutant generalmay specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized insubsection (b) of this section, or his or her successor in command, may, at anytime, suspend probationally any part or amount of the unexecuted punishmentimposed and may suspend probationally a reduction in grade or forfeitureimposed under subsection (b) of this section, whether or not executed. Inaddition, that officer may, at any time, remit or mitigate any part or amountof the unexecuted punishment imposed and may set aside in whole or in part thepunishment, whether executed or unexecuted, and restore all rights, privileges,and property affected. He or she may also mitigate reduction in grade toforfeiture or detention of pay. When mitigating: (1) arrest in quarters torestriction; (2) correctional custody to extra duties or restriction or both;or (3) extra duties to restriction; the mitigated punishment shall not be for agreater period than the punishment mitigated. When mitigating forfeiture of payto detention of pay, the amount of the detention shall not be greater than theamount of the forfeiture. When mitigating reduction in grade to forfeiture ordetention of pay, the amount of the forfeiture or detention shall not begreater than the amount that could have been imposed initially under thischapter by the officer who imposed the punishment mitigated.
(e) A person punished under this chapter who considers his orher punishment unjust or disproportionate to the offense may, through theproper channel, appeal to the next superior authority. The appeal shall bepromptly forwarded and decided, but the person punished may in the meantime berequired to undergo the punishment adjudged. The superior authority mayexercise the same powers with respect to the punishment imposed as may beexercised under subsection (d) of this section by the officer who imposed thepunishment. Before acting on an appeal from a punishment of:
(1) Arrest in quarters for more than seven (7) days;
(2) Correctional custody for more than seven (7) days;
(3) Forfeiture of more than seven (7) days' pay;
(4) Reduction of one or more pay grades from the fourth or ahigher pay grade;
(5) Extra duties for more than fourteen (14) days;
(6) Restriction for more than fourteen (14) days; or
(7) Detention of more than fourteen (14) days' pay;
the authority who is to act on the appeal shall refer thecase to the staff judge advocate of the command, or in a command to which nostaff judge advocate is assigned, then to the state judge advocate, forconsideration and advice, and may so refer the case upon appeal from anypunishment imposed under subsection (b) of this section.
(f) The imposition and enforcement of disciplinary punishmentunder this chapter for any act or omission is not a bar to trial bycourt-martial for a serious crime or offense growing out of the same act oromission, and not properly punishable under this chapter; but the fact that adisciplinary punishment has been enforced may be shown by the accused upontrial, and when so shown shall be considered in determining the measure of thepunishment to be adjudged in the event of a finding of guilty.
(g) The adjutant general may, by regulation, prescribe theform of records to be kept of proceedings under this chapter and may alsoprescribe that certain categories of those proceedings shall be in writing.