Colorado § 28-3.1-204 Jurisdiction of special courts-martial

Colorado Statutes

§ 28-3.1-204 — Jurisdiction of special courts-martial

Colorado § 28-3.1-204

Title 28Military and

Art.Colorado Code of Military Justice

This text of Colorado § 28-3.1-204 (Jurisdiction of special courts-martial) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 28-3.1-204 (2026).

Text

(1)Special courts-martial have jurisdiction to try a person subject to this code for an offense punishable under this code, except for conduct that constitutes an offense described in article 120 (a), 120 (b), 120b (a), or 120b (b) of the federal Uniform Code of Military Justice, 10 U.S.C. sec. 920 (a) and (b) and 10 U.S.C. sec. 920b (a) and (b).

(2)A special court-martial has the same powers of punishment as a general court-martial, including the authority to order a bad conduct discharge; except that:

(a)(I) A special court-martial that does not consist of a military judge alone, as described in section 28-3.1-201 (2)(b)(I), shall not impose confinement for more than one hundred eighty days and shall not order a dismissal or dishonorable discharge; and

(II)A special court-

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(1) Special courts-martial
have jurisdiction to try a person subject to this code for an offense punishable
under this code, except for conduct that constitutes an offense described in article
120 (a), 120 (b), 120b (a), or 120b (b) of the federal Uniform Code of Military Justice,
10 U.S.C. sec. 920 (a) and (b) and 10 U.S.C. sec. 920b (a) and (b).

(2) A special court-martial has the same powers of punishment as a general
court-martial, including the authority to order a bad conduct discharge; except that:

(a) (I) A special court-martial that does not consist of a military judge alone,
as described in section 28-3.1-201 (2)(b)(I), shall not impose confinement for more
than one hundred eighty days and shall not order a dismissal or dishonorable
discharge; and

(II) A special court-martial that consists of a military judge alone pursuant to
section 28-3.1-201 (2)(b)(II) shall not impose confinement for more than ninety days
and shall not order a dismissal or dishonorable discharge; and

(b) The fine or forfeiture of pay and allowances imposed by a special court-martial must not be more than the maximum pay and allowances received for six
unit training assemblies or six days of annual training, whichever is applicable
according to duty status.

(3) Notwithstanding section 16-10-101, a special court-martial consisting of a
judge alone has the authority to try cases and impose punishments as set forth in
this section.

Legislative History

Source: L. 83: Entire article added, p. 1169, � 1, effective June 10. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 745, � 8, effective April 2. L. 2025: Entire section amended, (SB 25-279), ch. 411, p. 2336, � 7, effective September 1.