§ 30-13-15. Nonjudicial punishment.
(a) Under such regulations as the governor may prescribe, and under such additional regulations
as may be prescribed by the adjutant general, limitations may be placed on the powers
granted by this chapter with respect to the kind and amount of punishment authorized;
the categories of commanding officers and warrant officers exercising command authorized
to exercise those powers; the applicability of this chapter to an accused who demands
trial by court-martial; and the kinds of courts-martial to which the case may be referred
upon that demand. However, punishment may not be imposed upon any member of the state
military forces under this section if the member has, before the imposition of punishment,
demanded trial by court-martial in lieu of punishment. Under similar regulations,
rules may be prescribed with respect to the suspension of punishments authorized hereunder.
If authorized by regulations of the adjutant general, a commanding officer exercising
general court-martial jurisdiction, or an officer of general rank in command, may
delegate his or her powers under this chapter to a principal assistant.
(b)(1) Subject to subsection (a) of this section, any commanding officer may, in addition
to, or in lieu of, admonition or reprimand, impose one or more of the following disciplinary
punishments for minor offenses without the intervention of court-martial:
(i) Upon officers of his or her command:
(A) Restriction to certain specified limits, with or without suspension from duty, for
not more than thirty (30) consecutive days; and
(B) If imposed by an officer exercising general court-martial jurisdiction 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 (½) of one month's pay per month for two (2)
months;
(III) Restriction to certain specified limits, with or without suspension from duty, for
not more than sixty (60) consecutive days; and
(IV) Detention of not more than one-half (½) of one month's pay 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 grade from which demoted is within
the promotion authority of the officer imposing the reduction or any officer subordinate
to the one who imposes the reduction;
(D) Extra duties, including fatigue or other duties, for not more than fourteen (14) consecutive
days;
(E) Restrictions to certain specified limits, with or without suspension 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 (½) of one month'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 the officer imposing the reduction, or any officer
subordinate to the one who imposes the reduction, but an enlisted member in a pay
grade above E-4 may not be reduced more than two (2) pay grades;
(IV) Extra duties, including fatigue or other duties, for not more than forty-five (45)
consecutive days;
(V) Restrictions to certain specified limits, with or without suspension from duty, for
not more than sixty (60) consecutive days; and
(VI) Detention of not more than one-half (½) of one month's pay per month for three (3)
months.
(2) Detention of pay shall be for a stated period of not more than one year, but if the
offender's term of service expires earlier, the detention shall terminate upon that
expiration. No two (2) or more of the punishments of arrest in quarters, correctional
custody, extra duties, and restriction may be combined to run consecutively in the
maximum amount imposable for each. Whenever any of those punishments are combined
to run consecutively, there must be an apportionment. In addition, forfeiture of pay
may not be combined with detention of pay without an apportionment. For the purposes
of this subsection, "correctional custody� is the physical restraint of a person during
duty or nonduty hours and may include extra duties, fatigue duties, or hard labor.
If practicable, correctional custody will not be served in immediate association with
persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which
that officer is in charge such of the punishments authorized under subsection (b)(1)(ii)
of this section as the adjutant general may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subsection (b) of this section,
or his or her successor in command, may, at any time, suspend probationally any part
or amount of the unexecuted punishment imposed and may suspend probationally a reduction
in grade or forfeiture imposed under subsection (b) of this section, whether or not
executed. In addition, that officer may, at any time, remit or mitigate any part or
amount of the unexecuted punishment imposed and may set aside in whole or in part
the punishment, whether executed or unexecuted, and restore all rights, privileges,
and property affected. He or she may also mitigate reduction in grade to forfeiture
or detention of pay. When mitigating: (1) arrest in quarters to restriction; (2) correctional
custody to extra duties or restriction or both; or (3) extra duties to restriction;
the mitigated punishment shall not be for a greater period than the punishment mitigated.
When mitigating forfeiture of pay to detention of pay, the amount of the detention
shall not be greater than the amount of the forfeiture. When mitigating reduction
in grade to forfeiture or detention of pay, the amount of the forfeiture or detention
shall not be greater than the amount that could have been imposed initially under
this chapter by the officer who imposed the punishment mitigated.
(e) A person punished under this chapter 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 promptly forwarded and decided, but the person
punished may in the meantime be required to undergo the punishment adjudged. The superior
authority may exercise the same powers with respect to the punishment imposed as may
be exercised under subsection (d) of this section by the officer who imposed the punishment.
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 a higher 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 the case to the staff judge
advocate of the command, or in a command to which no staff judge advocate is assigned,
then to the state judge advocate, for consideration and advice, and may so refer the
case upon appeal from any punishment imposed under subsection (b) of this section.
(f) The imposition and enforcement of disciplinary punishment under this chapter 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 chapter;
but the fact that a 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 the punishment to be adjudged in the event of a finding of guilty.
(g) The adjutant general may, by regulation, prescribe the form of records to be kept
of proceedings under this chapter and may also prescribe that certain categories of
those proceedings shall be in writing.