§ 28-3.1-114 — Commanding officer's nonjudicial punishment

Colorado § 28-3.1-114

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

(1) (a)
Punishment may be imposed for any offense cognizable by a court-martial upon any
member of the state military forces under this section. The governor may, by
regulation, prescribe limitations on the powers granted in this section with respect
to:

(I) The kind and amount of punishment authorized, the suspension of
punishment, and the levels of commanding officers and warrant officers exercising
command authorized to exercise those powers; and

(II) The kinds of courts-martial to which a case may be referred upon a
demand for a trial by court-martial by the accused member of the state military
forces.

(b) Except in the case of the imposition of fines upon officers and warrant
officers, punishment must not be imposed upon a member of the state military
forces pursuant to this section if the member has, before the imposition of
punishment, demanded trial by court-martial in lieu of punishment.

(c) If authorized by regulations of the governor, a commanding officer who,
pursuant to this code, is authorized to exercise general court-martial jurisdiction or
an officer of general rank in command may delegate the officer's powers pursuant
to this section to a principal assistant.

(2) Subject to subsection (1) of this section, a commanding officer may, in
addition to or in lieu of admonition or punitive reprimand, impose one or more of the
following disciplinary punishments without the intervention of a court-martial:

(a) Upon a commissioned or warrant officer of the commanding officer's
command:

(I) Repealed.

(II) Restriction to certain specified limits, with or without suspension from
duty, for not more than two weeks, which need not be consecutive;

(III) A fine or forfeiture of pay and allowances of not more than the amount of
pay and allowances received for four unit training assemblies or four days of annual
training, whichever is applicable according to duty status;

(IV) An admonition;

(V) A reprimand; or

(VI) If imposed by a commanding officer who has the authority to exercise
general court-martial jurisdiction or an officer of general or flag rank in command:

(A) Arrest in quarters for not more than thirty consecutive days; or

(B) Restriction to certain specified limits, with or without suspension from
duty, for not more than thirty consecutive days;

(b) Upon other military personnel of the commanding officer's command:

(I) Repealed.

(II) Restriction to certain specified limits, with or without suspension from
duty, for not more than two weeks, which need not be consecutive;

(III) Extra duties for not more than fourteen days, which need not be
consecutive, and for not more than two hours per day, holidays included;

(IV) Reduction in rank, as authorized by regulations adopted by the governor;

(V) A fine or forfeiture of pay and allowances of not more than four unit
training assemblies or four days of annual training, whichever is applicable
according to duty status;

(VI) An admonition; or

(VII) A reprimand.

(2.5) Repealed.

(3) The governor may, by regulation, place limitations on the powers granted
by this section with respect to the kind and amount of punishment authorized and
the levels of commanding officers and warrant officers exercising command
authorized to exercise those powers.

(4) An officer in charge may, for minor offenses, impose on enlisted members
assigned to the unit of which he or she is in charge, the punishments authorized to
be imposed by commanding officers.

(4.4) Maximum allowable punishments, restrictions, and extra duties must
not be combined to run consecutively.

(4.7) The officer who imposes the punishment pursuant to this section, 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.

(5) Except where punishment has been imposed by the governor, a person
punished under this section who considers such punishment unjust or
disproportionate to the offense may, through the proper channel, appeal to the next
superior authority. The appeal shall be promptly forwarded and decided, but the
person punished may in the meantime be required to undergo the punishment
adjudged. The officer who imposes the punishment, his or her successor in
command, and superior authority may suspend, set aside, or remit any part or
amount of the punishment and restore all rights, privileges, and property affected.

(6) The imposition and enforcement of disciplinary punishment under this
section for any act or omission is not a bar to trial by court-martial for a serious
crime or offense growing out of the same act or omission and not properly
punishable under this section; but the fact that disciplinary punishment has been
enforced may be shown by the accused upon trial and when so shown shall be
considered in determining the measure of punishment to be adjudged in the event
of a finding of guilty.

(7) Whenever a punishment of forfeiture of pay and allowances is imposed
under this section, the forfeiture may apply to pay or allowances accruing on and
after the date that punishment is imposed and to pay and allowances accrued
before that date.

Legislative History

Source: L. 83: Entire article added, p. 1167, � 1, effective June 10. L. 86: (1) and (2)(b)(V) amended, p. 1014, � 2, effective July 1. L. 91: (2)(b)(V) amended, p. 1377, � 2, effective April 1. L. 2002: (1), IP(2)(a), IP(2)(b), (2)(b)(IV), (4), and (5) amended, p. 605, � 68, effective May 24. L. 2018: (1), IP(2), (2)(a), (2)(b)(I), (2)(b)(II), (2)(b)(IV), (2)(b)(V), and (3) amended and (2.5), (4.4), and (4.7) added, (SB 18-135), ch. 95, p. 742, � 6, effective April 2. L. 2025: (1), IP(2), IP(2)(a), (2)(a)(III), (2)(a)(IV), (2)(a)(V), IP(2)(b), (2)(b)(IV), (2)(b)(V), (4.4), and (4.7) amended, (2)(a)(I), (2)(b)(I), and (2.5) repealed, and (2)(a)(VI), (2)(b)(VI), and (2)(b)(VII) added, (SB 25-279), ch. 411, p. 2333, � 4, effective September 1.