C.R.S. § 28-3.1-314 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-314
28-3.1-314. Depositions
Status: in_force

28-3.1-314. Depositions. (1) At any time after charges have been signed as provided in section 28-3.1-214, any party may take oral or written depositions, unless an authority competent to convene a court-martial for the trial of those charges forbids such depositions for good cause. If a deposition is to be taken before charges are referred for trial, such authority shall designate lawyers to represent the prosecution and the defense.

(2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

(3) Depositions shall be taken and authenticated by any military or civil officer authorized by the laws of the state or by the laws of the place where the deposition is taken to administer oaths.

(4) An authenticated deposition taken upon reasonable notice to the other parties, if otherwise admissible under the rules of evidence, may be used in evidence before any court-martial or in any proceeding before a court of inquiry.
C.R.S. § 28-3-109 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-109
28-3-109. Chargeable quarters and billeting cash fund - creation
Status: in_force

28-3-109. Chargeable quarters and billeting cash fund - creation. There is hereby created in the state treasury the chargeable quarters and billeting cash fund, referred to in this section as the "fund", which shall consist of any moneys generated through the public or private use of the Colorado Army National Guard facilities managed pursuant to section 28-3-106 (1)(q). The moneys in the fund shall be invested by the state treasurer as provided in sections 24-36-109, 24-36-112, and 24-36-113, C.R.S. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert or be credited or transferred to the general fund or be transferred to any other fund. Any interest or income derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be credited to the general fund. The moneys in the fund shall be continuously appropriated and shall be used to defray the costs associated with operating National Guard training facilities and associated quarters and billeting facilities. Such costs shall include, but need not be limited to, repair, replacement, and salaries involved in the use of the National Guard training facilities as well as the maintenance and operation of the National Guard training facilities.
C.R.S. § 28-3-204 — CO Code / Title 28 / Article 3 / Part 2 / Section 28-3-204
28-3-204. Call to federal duty - status
Status: in_force

28-3-204. Call to federal duty - status. When congress has declared a national emergency or has authorized the use of the armed forces of the United States for any purpose requiring the use of troops in excess of those in the regular armed services and the president has ordered into the active military service of the United States, to serve therein for the period of the war or emergency, any units and members of the National Guard of this state, all forces so ordered into the active military service of the United States shall from the date thereof stand relieved from duty in the National Guard of this state so long as they remain in the active military service of the United States when so provided by the federal law. Upon being relieved from such duty in the military service of the United States, all such individuals and units shall revert to their Colorado National Guard status.
C.R.S. § 28-3-1210 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1210
28-3-1210. Achievement ribbon
Status: in_force

28-3-1210. Achievement ribbon. A ribbon, designated as the "achievement ribbon", shall be awarded to provide recognition to members of the National Guard of Colorado and other persons who have, through their own individual outstanding and exemplary actions, attitude, efforts, and service, contributed to the safekeeping and welfare of citizens of the state of Colorado, the preservation of public and private property, and the improvement of the readiness posture of the National Guard of Colorado or who have accomplished a particularly significant or noteworthy achievement or deed reflecting great credit upon the individual or individuals and the state of Colorado.
C.R.S. § 28-3-1704 — CO Code / Title 28 / Article 3 / Part 17 / Section 28-3-1704
28-3-1704. Youth challenge corps program - authority - youth challenge corps program fund -
Status: in_force

28-3-1704. Youth challenge corps program - authority - youth challenge corps program fund - creation. (1) The department is hereby authorized to operate a youth challenge corps program through the use of National Guard or other facilities and equipment for the purpose of providing eligible youth with a program to help them obtain a high school diploma or successfully complete a high school equivalency examination, increase their employment potential, and enhance their education and life skills. The program must be structured as a five-and-one-half-month residential phase that focuses on education and practical life skills, followed by a twelve-month, post-residential phase that involves skilled and trained mentors who support the program graduates. The department is not obligated to implement the program if adequate appropriations or federal or other moneys are not available.

(2) The program shall comply with the criteria and conditions specified in a cooperative agreement entered into between the chief of the federal National Guard bureau and the state of Colorado.

(3) The program must comply with any applicable state licensing requirements and must establish a collaborative partnership composed of a representative from, at a minimum, the following:

(a) The state departments of education, public health and environment, labor, judicial, public safety, and human services;

(b) A director of a county department of human or social services;

(c) A school district;

(d) A sheriff or police department; and

(e) A community agency that serves youth and three appointed advisory youth members from the agency's service population.

(4) The adjutant general of the department, or the adjutant general's designee, is directed to apply for any federal moneys that may be available to the state for the implementation and operation of the program.

(5) (a) The adjutant general of the department, or the adjutant general's designee, is authorized to accept on behalf of the state any gifts, grants, or donations from any private or public source for the purpose of implementing this part 17; except that the department shall not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this part 17 or any other law of the state.

(b) All private and public moneys received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the youth challenge corps program fund, which fund is hereby created and referred to in this part 17 as the "fund". The moneys in the fund are continuously appropriated to the department for the direct and indirect costs associated with the implementation and administration of this part 17. All investment earnings derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any moneys not appropriated shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year.
C.R.S. § 28-3-1406 — CO Code / Title 28 / Article 3 / Part 14 / Section 28-3-1406
28-3-1406. Mortgage or security on property
Status: in_force

28-3-1406. Mortgage or security on property. (1) In any proceeding commenced during a period of state military service or state defense force active duty, as described in section 28-3-1402, to enforce obligations secured by a mortgage, trust deed, or other security upon real or personal property owned prior to the commencement of the period of state military service or state defense force active duty, the court may, on its own motion, stay the proceedings for the duration of the period of service or duty and for thirty days thereafter or otherwise dispose of the case as may be equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person, or an agent of the person, engaged in state military service or state defense force active duty unless, in the opinion of the court, the ability of the person to comply with the terms of the obligation is not materially affected.

(2) A sale, foreclosure, or seizure of property for nonpayment of any sum due under any obligation, or for breach of the terms of any such obligation, is not valid if made during a period of state military service or state defense force active duty, as described in section 28-3-1402, or within thirty days thereafter, unless such sale, foreclosure, or seizure is made upon an order previously granted by the court and a return thereto made and approved by the court.

(3) This section applies only to obligations secured by a mortgage, trust deed, or other security in the nature of a mortgage upon real or personal property owned by a person described in section 28-3-1402 at the commencement of state military service or state defense force active duty, which obligation originated prior to the person's service or duty and is still owed by the person during the period of service or duty.
C.R.S. § 28-3-1201 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1201
28-3-1201. Long service medal
Status: repealed

28-3-1201. Long service medal. (Repealed)
C.R.S. § 28-3.1-111 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-111
28-3.1-111. Confinement with enemy prisoners prohibited
Status: in_force

28-3.1-111. Confinement with enemy prisoners prohibited. No member of the military forces may be placed in confinement in immediate association with enemy prisoners.
C.R.S. § 28-4-114 — CO Code / Title 28 / Article 4 / Section 28-4-114
28-4-114. Enlistment period - oath
Status: in_force

28-4-114. Enlistment period - oath. The period of enlistment shall be as specified in department of military and veterans affairs policies and procedures. The oath to be taken upon enlistment in such forces shall be substantially in the form prescribed for enlisted men and women of the National Guard, substituting the words "Colorado state defense force" where necessary.
C.R.S. § 28-5-201 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-201
28-5-201. Short title
Status: in_force

28-5-201. Short title. This part 2 shall be known and may be cited as the "Uniform Veterans' Guardianship Act".
C.R.S. § 28-5-507 — CO Code / Title 28 / Article 5 / Part 5 / Section 28-5-507
28-5-507. Veterans service organization stipend - funeral services - process - definitions
Status: repealed

28-5-507. Veterans service organization stipend - funeral services - process - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Congressionally chartered veterans service organization" means an organization that aids and serves veterans and service members and their dependents and survivors, has been granted a charter by the United States congress through the enactment of a public law, and is included in the list of patriotic and national organizations in 36 U.S.C. sec. 20101, et seq.

(b) "Department" means the department of military and veterans affairs created and existing pursuant to section 24-1-127.

(c) "Local veterans service organization" means an auxiliary, local unit, or division of a congressionally chartered veterans service organization, operating in Colorado.

(2) (a) The department shall pay, subject to available appropriations, up to seventy-five dollars, referred to in this section as a "stipend", to a local veterans service organization for each time the organization provides an honor guard detail to perform any of the following services at the funeral of a deceased honorably discharged veteran:

(I) A basic military funeral honors ceremony, as described in subsection (3)(a) of this section; or

(II) Any other funeral-related services and personnel, including but not limited to pallbearers, rifle teams, and chaplain or religious services.

(b) The department shall pay a seventy-five-dollar stipend to a local veterans service organization for services performed at each funeral but may decrease the amount of the stipend paid for services performed at a second or subsequent funeral when an organization performs services at more than one funeral on the same day. When determining the amount of the stipend for services at a second or subsequent funeral, the department shall consider the actual expenses incurred by the organization and its members for providing the services, including mileage and transportation costs and meals.

(c) In order to receive a stipend for providing services at a funeral, a local veterans service organization must request the stipend pursuant to the process established by the department.

(3) (a) The basic military funeral honors ceremony for a veteran consists of folding and presenting the United States flag to the veteran's family, if family members are available, and playing taps. Taps must be played by a bugler or, if a bugler is not available, by using a high-quality recorded version.

(b) If the local veterans service organization provides a student to play taps, the organization may pay some or all of the seventy-five dollars to the student.

(4) On or before January 15, 2022, the department shall create a process for a local veterans service organization to apply for and receive a stipend. In addition to any other requirements, the process must require the organization to:

(a) Request the stipend within fifteen days after providing the funeral services;

(b) Provide the name of the deceased veteran for which the services were performed;

(c) Describe the services performed; and

(d) If the organization is seeking a stipend for services performed at a second or subsequent funeral on the same day as another funeral, submit the amount of actual expenses incurred by the organization and its members for providing the services, including mileage and transportation costs and meals.

(5) Repealed.
C.R.S. § 28-3.1-532 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-532
28-3.1-532. Waste, spoilage, or destruction of property other than military
Status: in_force

28-3.1-532. Waste, spoilage, or destruction of property other than military. Any person subject to this code who while on duty status willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state shall be punished as a court-martial directs.
C.R.S. § 28-5-301 — CO Code / Title 28 / Article 5 / Part 3 / Section 28-5-301
28-5-301. Legal investments
Status: repealed

28-5-301. Legal investments. (1) It is lawful for any guardian or conservator of minor or incompetent beneficiaries of the veterans administration to invest the funds of the estate or trust or to permit such funds to remain invested in any of the following:

(a) Bonds or other interest-bearing or noninterest-bearing obligations of the United States of America;

(b) Bonds or other interest-bearing or noninterest-bearing securities, the payment of the principal sum of which and the interest, if any, on which is guaranteed by the United States of America;

(c) Bonds or other interest-bearing or noninterest-bearing securities which are direct general obligations of the state of Colorado or of any school district, local college district, or county therein or of any water or sanitation district or water and sanitation district created under the provisions of article 1 of title 32, C.R.S.;

(d) Bonds or other interest-bearing or noninterest-bearing securities which are direct general obligations of any city and county or incorporated city or town in the state of Colorado which has existed continuously as a lawful corporation for a period of ten years;

(e) Bonds or other interest-bearing or noninterest-bearing securities which are direct general obligations of any other state of the United States of America or any school district, local college district, county, city and county, parish, or incorporated city, town, or village within any other state of the United States of America; if the entire general obligation indebtedness of any such school district, local college district, county, city and county, parish, city, town, or village, including the proportionate share of the general obligation indebtedness of any other subdivisions of such state which have power to levy taxes on the same property, does not at the time of investment exceed fifteen percent of the valuation for assessment of the taxable property therein; if the issuer has existed for at least fifteen years and has not been in default with respect to the principal of any of its general obligation indebtedness at any time within the preceding ten years; if any such issuer, being an incorporated city, city and county, town, or village, has a population of not less than twenty-five hundred people, according to the last preceding federal census; and if the purchase or retention of investments under this paragraph (e) by such fiduciaries acting under the probate jurisdiction of a court is subject to prior approval of such court;

(f) All or any part of issues or series of bonds or notes secured by first lien mortgages or deeds of trust upon real estate situate within the state of Colorado. Such loans shall not exceed fifty percent of the appraised value of the lands, improvements, and water rights, if any, pertaining thereto, but the amount of such loan may equal sixty percent of the appraised value of the land, improvements, and water rights, if any, pertaining thereto if the instruments evidencing such investments contain a requirement for reduction, during each year, of the principal of the loan in an amount equal to at least five percent of the original principal sum. Such loans, when made by such fiduciaries acting under the probate jurisdiction of a court, shall be made in such amounts and for such periods as may be in the best interests of the estate and shall be subject to approval by the court.

(g) State highway fund revenue anticipation warrants of the state of Colorado;

(h) Repealed.

(i) Original and supplemental bonds of the Moffat tunnel improvement district;

(j) Revenue obligations issued to provide, enlarge, or improve electric power or water facilities by any city located in the state of Colorado having a population of not less than twenty-five hundred people at the time of investment if:

(I) The plan under which said obligations were issued provides for the retirement thereof out of the revenue within thirty years from the date of issuance; and

(II) The net revenue from such facility during each of the five years preceding such investment, after provision for ordinary expenses (exclusive of any allowance for depreciation), of operation of the facility, is equal to at least one and one-half times the sum of interest and principal payments due in any year during the remaining life of the issue and like payments due on account of any other issue relating to the same facility;

(k) Bonds of housing authorities issued pursuant to the provisions of article 4 of title 29, C.R.S.;

(l) Improved real property within the state of Colorado if such property at time of purchase is under lease in its entirety, such lease then having an unexpired term of not less than ten years and under which the lessee is obliged to pay taxes, expenses of maintenance, and a rental therein fixed, and the appraised value of the land and improvements is in excess of ten times the net annual rent reserved in the lease; such real property shall be purchased by such fiduciaries acting under the probate jurisdiction of a county court only under order of court;

(m) Time or savings deposits in any state bank or national bank in Colorado which is, at the time the deposit is made, a member of the federal deposit insurance corporation if:

(I) The full amount of the deposit is insured by the federal deposit insurance corporation;

(II) The bank or association agrees to pay interest on the deposit; and

(III) To the extent that the deposit ceases to be insured by the federal deposit insurance corporation, the same is withdrawn or otherwise converted into cash as promptly as the terms of the deposit will permit. Such deposit may be evidenced by an entry in a passbook, or by a certificate of deposit, or in such other manner as is then customary in the community in which the deposit is made.

(n) Notes or bonds secured by mortgage or deed of trust insured pursuant to Title II of the "National Housing Act" if the purchase is made by an approved mortgagee under said "National Housing Act"; except that:

(I) Nothing in this section shall restrict the powers of investment conferred upon any executor, administrator, or trustee by the terms of a will or trust instrument;

(II) Any such fiduciary may retain any real property owned by his or her testate or intestate at date of death or by his or her ward at date of appointment of a guardian or conservator and that any such fiduciary may retain for a reasonable time any real property acquired by him or her by foreclosure of or in satisfaction of a mortgage or trust deed, but if such fiduciary is subject to the probate jurisdiction of the county court, such holding shall not exceed two years unless permitted by order of that court;

(III) Any such fiduciary may purchase or retain any class of property authorized by this section to be purchased or retained, as the case may be, in addition to the investments described in the will or trust instrument, unless the power to invest in such class of property is expressly or impliedly denied by such will or trust instrument;

(IV) Nothing in this section shall be construed to limit the existing right of such fiduciaries to maintain such demand or time deposits in banks as are required in the ordinary conduct of their business; and

(V) Nothing in this section shall relieve any such fiduciary from the duty of exercising reasonable care in the purchase or retention of investments;

(o) Share, certificate, or savings accounts in any state or federally chartered savings and loan association in Colorado that are insured by the federal deposit insurance corporation or its successor if:

(I) The full amount of the account is insured by the federal deposit insurance corporation or its successor;

(II) The association agrees to pay such dividends on the account as permitted by its charter; and

(III) To the extent that the account ceases to be insured by the federal deposit insurance corporation or its successor, the same is withdrawn or otherwise converted into cash as promptly as the terms of the account will permit. Such account may be evidenced by an entry in a passbook, or by a certificate of investment, or in such other manner as is acceptable to the federal deposit insurance corporation or its successor.
C.R.S. § 28-3.1-538 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-538
28-3.1-538. Larceny and wrongful appropriation
Status: in_force

28-3.1-538. Larceny and wrongful appropriation. (1) Any person subject to this code who wrongfully takes, obtains, or withholds, by any means, from the possession of the owner or of any other person any money, personal property, or article of value of any kind: With intent permanently to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of larceny; or, with intent temporarily to deprive or defraud another person of the use and benefit of property or to appropriate it to his or her own use or the use of any person other than the owner, is guilty of wrongful appropriation.

(2) Any person found guilty of larceny or wrongful appropriation shall be punished as a court-martial directs.
C.R.S. § 28-3.1-515 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-515
28-3.1-515. Insubordinate conduct toward warrant officer or noncommissioned officer
Status: in_force

28-3.1-515. Insubordinate conduct toward warrant officer or noncommissioned officer. (1) Any warrant officer or enlisted member shall be punished as a court-martial directs if he or she:

(a) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his or her office; or

(b) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or

(c) Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his or her office.
C.R.S. § 28-5-100.3 — CO Code / Title 28 / Article 5 / Part 1 / Section 28-5-100.3
28-5-100.3. Definitions
Status: in_force

28-5-100.3. Definitions. As used in this article 5, unless the context otherwise requires:

(1) "Discharged LGBT veteran" means a person who the state board of veterans affairs determines to be a discharged LGBT veteran pursuant to section 28-5-103.

(2) "Veteran" means a person who served in the active military, naval, or air service of the United States and who was discharged or released under conditions other than dishonorable, in accordance with U.S.C. title 38, as amended.
C.R.S. § 28-5-506 — CO Code / Title 28 / Article 5 / Part 5 / Section 28-5-506
28-5-506. Care and custody of cemetery subdivision
Status: in_force

28-5-506. Care and custody of cemetery subdivision. The care, custody, maintenance, improvement, management, and control of the subdivision referred to in section 28-5-505 may be vested by the state in the city, town, city and county, or county where the subdivision is established, but such vestment may also be delegated by the state to a military veteran service organization.
C.R.S. § 28-3-608 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-608
28-3-608. Sections supplemental
Status: in_force

28-3-608. Sections supplemental. The rights and privileges granted by sections 28-3-601 to 28-3-607 are supplementary to and not exclusive of any other rights or privileges conferred by law on public officers or employees but shall not obtain in any case where the military services are constitutionally or legally incompatible with the public office or employment.
C.R.S. § 28-3.1-543 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-543
28-3.1-543. Extortion
Status: in_force

28-3.1-543. Extortion. Any person subject to this code who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage, or immunity is guilty of extortion and shall be punished as a court-martial directs.
C.R.S. § 28-3.1-415 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-415
28-3.1-415. Vacation of suspension of sentence
Status: in_force

28-3.1-415. Vacation of suspension of sentence. (1) Before the vacation of the suspension of any court-martial sentence, the officer having court-martial jurisdiction over a probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel, if he or she so desires.

(2) The record of the hearing and the recommendation of the officer having court-martial jurisdiction shall be sent for action to the state judge advocate in cases involving a general court-martial sentence. If the state judge advocate vacates the suspension, any unexecuted part of the sentence shall be executed.

(3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
C.R.S. § 28-3-302 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-302
28-3-302. Appointment of officers
Status: in_force

28-3-302. Appointment of officers. The officers of the state staff and detachment shall be selected and appointed by the adjutant general and commissioned by the governor if such appointees at the time of appointment shall have been, for at least three years immediately prior to appointment, a regularly commissioned officer of the National Guard; except that, where there is no qualified person in the National Guard available to fill a vacancy on the staff, an appointment may be made by the adjutant general if the individual so appointed qualifies for a commission pursuant to section 28-3-303.
C.R.S. § 28-4-107 — CO Code / Title 28 / Article 4 / Section 28-4-107
28-4-107. Equipment - buildings
Status: in_force

28-4-107. Equipment - buildings. For the use of such forces, the governor is authorized to requisition from the secretary of defense such arms and equipment as may be in possession of and can be spared by the defense department, to make available to such forces the facilities of state armories and their equipment and such other state premises and property as may be required, to lease office rooms and barracks and employ such clerical, medical, and other forces as necessary to carry out the provisions of this article, and to set the pay of such clerical, medical, and other forces.
C.R.S. § 28-3-1215 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1215
28-3-1215. Recruiting ribbon
Status: in_force

28-3-1215. Recruiting ribbon. A ribbon, designated as the "recruiting ribbon", shall be awarded to an individual in the National Guard who secures enlistment or appointment of at least three individuals within one year or at least five individuals within a period of five years to the National Guard of Colorado.
C.R.S. § 28-3.1-318 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-318
28-3.1-318. Court to announce action
Status: in_force

28-3.1-318. Court to announce action. A court-martial shall announce its findings and sentence to the parties as soon as determined.
C.R.S. § 28-3.1-204 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-204
28-3.1-204. Jurisdiction of special courts-martial
Status: in_force

28-3.1-204. Jurisdiction of special courts-martial. Special courts-martial have jurisdiction to try any person subject to this code for any offense punishable under this code. A special court-martial has the same powers of punishment as a general court-martial; except that confinement may not be more than ninety days and the fine or forfeiture of pay and allowances imposed by a special court-martial may 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.
C.R.S. § 28-3.1-501 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-501
28-3.1-501. Principal defined
Status: in_force

28-3.1-501. Principal defined. A "principal", as used in this code, means any person punishable under this code who commits an offense punishable by this code or intentionally aids, abets, counsels, commands, solicits, or procures its commission or intentionally causes an act to be done which if directly performed by him or her would be punishable by this code.
C.R.S. § 28-3-311 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-311
28-3-311. Officers - inactive status - procedure
Status: in_force

28-3-311. Officers - inactive status - procedure. Officers may, upon their own application, be placed in the inactive National Guard as may be authorized by federal law.
C.R.S. § 28-3.1-512 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-512
28-3.1-512. Contempt toward officials
Status: in_force

28-3.1-512. Contempt toward officials. Any person subject to this code who uses contemptuous words against the president of the United States or the governor which may detrimentally affect the morale or effectiveness of any unit of the state military forces shall be punished as a court-martial directs.
C.R.S. § 28-3.1-102 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-102
28-3.1-102. Definitions
Status: repealed

28-3.1-102. Definitions. As used in this article 3.1, unless the context otherwise requires:

(1) "Accuser" means any person who signs and swears to charges, any person who directs that charges be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused.

(2) Repealed.

(2.3) "Cadet" or "candidate" means a person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned or warrant officer in the state military forces.

(2.7) "Classified information" means:

(a) Any information or material that has been determined by an official of the United States or any state pursuant to law, executive order, or regulation to require protection against unauthorized disclosure for reasons of national or state security; and

(b) Any restricted data, as defined in section 11 of the federal "Atomic Energy Act of 1954", 42 U.S.C. sec. 2014 (y).

(3) "Code" means the Colorado code of military justice.

(4) "Commanding officer" means a commissioned officer or warrant officer in a position of command, or a commissioned officer in charge when he or she is administering nonjudicial punishment pursuant to section 28-3.1-114.

(5) "Commissioned officer" means a person who holds the rank of not less than second lieutenant.

(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command.

(6.5) "Dismissal" means a punitive separation that applies only to commissioned officers, commissioned warrant officers, candidates, and cadets and may be adjudged by a general court-martial. A dismissal may be adjudged for any offense for which a commissioned officer, commissioned warrant officer, candidate, or cadet has been found guilty.

(7) "Enlisted member" means any person who is serving in an enlisted grade.

(8) "Grade" means a step or degree in a graduated scale of office or military rank that is established by law or regulation.

(9) "Hostile force" means any person or group of persons acting in violation of the law or opposing the military force in the carrying out of its missions, including but not limited to saboteurs, rioters, and looters.

(10) "Judge advocate" means any commissioned officer who is certified by the state judge advocate general.

(10.5) "Junior enlisted" means an enlisted person holding the rank of E-1 through E-4.

(11) "Legal officer" means any commissioned officer of the state military forces designated to perform legal duties of a command.

(12) "Military" or "military forces" refers to any or all of the state military forces.

(13) "Military court" means a court-martial, a court of inquiry, or a provost court.

(14) "Military judge" means an official of general and special courts-martial detailed in accordance with section 28-3.1-210.

(14.5) "Noncommissioned officer" means an enlisted person holding the rank of E-5 through E-9.

(15) "Officer" means a commissioned or warrant officer.

(16) "Officer candidate" means a cadet of the state officer candidate school.

(17) "President" means the member of the court highest in grade and rank.

(18) "Rank" means order of precedence among members of the state military forces.

(18.4) "Safeguard" means a detachment, guard, or detail posted by a commander for the protection of persons, places, or property of the enemy or of a neutral party affected by the relationship of belligerent forces in their prosecution of war or during circumstances amounting to a state of belligerency, including a written order left by a commander with an enemy subject or posted upon enemy property for the protection of that person or property.

(18.7) "State active duty" means all duty authorized under the constitution and laws of the state of Colorado and all training authorized under Title 32 of the United States Code, as amended.

(19) "State judge advocate general" means the judge advocate general of the state military forces, appointed pursuant to section 28-3.1-106, who is responsible for supervising the administration of military justice in the state military forces and performing such other legal duties as may be required by the adjutant general.

(20) "State military forces" means the National Guard of this state, as defined in section 28-3-101 (12), and any other militia or military forces organized under the laws of the state.

(21) "Superior commissioned officer" means a commissioned officer superior in rank of command.

(22) "Unit training assembly" means an authorized and scheduled training period of not less than four hours duration. Unit training assemblies are authorized pursuant to 32 U.S.C. sec. 502, as amended, and may be conducted with or without pay.

(23) "Warrant officer" means a person who holds the rank of warrant officer one through chief warrant officer five. These persons rank above enlisted personnel and below commissioned officers.
C.R.S. § 28-3.1-311 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-311
28-3.1-311. Opportunity to obtain witnesses and other evidence
Status: in_force

28-3.1-311. Opportunity to obtain witnesses and other evidence. (1) The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations the governor prescribes.

(2) The military judge of a court-martial or a summary court-martial may:

(a) Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;

(b) Issue subpoenas duces tecum and other subpoenas;

(c) Enforce the attendance of witnesses and the production of books and papers.
C.R.S. § 28-5-208 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-208
28-5-208. Evidence of necessity for guardian for incompetent
Status: in_force

28-5-208. Evidence of necessity for guardian for incompetent. Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his or her duly authorized representative that such person has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such ward by the veterans administration shall be prima facie evidence of the necessity for such appointment.
C.R.S. § 28-3-705 — CO Code / Title 28 / Article 3 / Part 7 / Section 28-3-705
28-3-705. Uniforms and equipment - distribution and return
Status: in_force

28-3-705. Uniforms and equipment - distribution and return. The commanding officer of an organization receiving clothing or equipment for the use of his or her command shall distribute the same to the members of his or her command, taking receipts and requiring the return of each article at such time and place as he or she directs.
C.R.S. § 28-3-1204 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1204
28-3-1204. Active service medal
Status: in_force

28-3-1204. Active service medal. The department may award a medal, designated as the "active service medal", to any person who is not a member of the military and who has served in or with any division or office of the department, including in the Colorado National Guard in state or federal service, for a period of ten years. The ten years of service do not need to be consecutive. For each subsequent period of ten years of service, the department may award the individual a bronze knot to be worn on the ribbon of the medal.
C.R.S. § 28-3-902 — CO Code / Title 28 / Article 3 / Part 9 / Section 28-3-902
28-3-902. Encampments, maneuvers, and parades
Status: in_force

28-3-902. Encampments, maneuvers, and parades. The governor may order the military forces or any part thereof into camp each year for such period as he or she may direct and shall also provide for their participation in encampments or field maneuvers at such places as may be designated by the federal government. The governor may, in his or her discretion, order such organizations as he or she may deem proper to parade for purposes of drill, review, or escort duty and prescribe all regulations and requirements therefor.
C.R.S. § 28-3-1602 — CO Code / Title 28 / Article 3 / Part 16 / Section 28-3-1602
28-3-1602. Establishment of National Guard facilities - rules
Status: in_force

28-3-1602. Establishment of National Guard facilities - rules. (1) (a) If rights to the property described in section 28-3-1603 are transferred to the department, the general assembly hereby authorizes the establishment and maintenance of National Guard facilities, referred to in this part 16 as the "guard facilities", located adjacent to the western slope military veterans' cemetery. The guard facilities shall be for the purpose of providing an area for National Guard training and maintenance as determined to be necessary by the department. The adjutant general shall promulgate such rules as may be necessary to establish and maintain the guard facilities in compliance with applicable state and federal statutes and rules. The department is directed to prepare, develop, construct, and maintain such guard facilities at the site described in section 28-3-1603. The department may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain the guard facilities. The department is hereby authorized to provide for surveys, engineering studies, conceptual and architectural plans, environmental impact studies, construction work, facilities master plans, and joint use agreements in cooperation with the department of human services and the state board of land commissioners.

(b) The adjutant general shall determine the amount of the appropriation necessary to meet the requirements set forth in paragraph (a) of this subsection (1) and shall submit a request as part of the department's annual budget request to the joint budget committee no later than November 1, 2007.

(2) The general assembly hereby finds, determines, and declares that any use of the property described in section 28-3-1603 as guard facilities is for a public purpose expressly authorized by the general assembly and therefore permissible under any grant of right-of-way applicable to such property executed by the state board of land commissioners.
C.R.S. § 28-3.1-304 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-304
28-3.1-304. Sessions
Status: in_force

28-3.1-304. Sessions. (1) (a) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:

(I) Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;

(II) Hearing and ruling upon any matter which may be ruled upon by the military judge, whether or not the matter is appropriate for later consideration or decision by the members of the court;

(III) If permitted by the regulations of the governor, holding the arraignment and receiving the pleas of the accused; or

(IV) Performing any other procedural function which may be performed by the military judge pursuant to section 28-3.1-301 which does not require the presence of the members of the court.

(b) These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.

(2) Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any consultation of the court with counsel or the military judge, shall be made part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.

(3) Trial counsel, in the name of the state of Colorado, may file an interlocutory appeal in the supreme court of the state of Colorado from a ruling of the military judge granting a motion made by the accused in advance of trial for the return of property, the suppression of evidence, or the suppression of an extrajudicial confession or admission if trial counsel certifies to the military judge who granted the motion that the interlocutory appeal is not taken for the purpose of delay and said property or evidence is a substantial part of the proof of a charge pending against the accused.
C.R.S. § 28-5-212 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-212
28-5-212. Penalty for failure to account
Status: in_force

28-5-212. Penalty for failure to account. If any guardian fails to file with the court any account as required by this part 2, or by an order of the court, when any account is due or within thirty days after citation issues as provided by law, or fails to furnish the veterans administration a true copy of any account, petition, or pleading as required by this part 2, such failure may in the discretion of the court be a ground for his or her removal.
C.R.S. § 28-5-101 — CO Code / Title 28 / Article 5 / Part 1 / Section 28-5-101
28-5-101. Military discharges recorded free
Status: in_force

28-5-101. Military discharges recorded free. For the purpose of preserving a record of men and women who served with the armed forces of the United States and who are now or may become residents of Colorado, the clerk and recorders of the various counties of the state are directed to record discharges for such men and women without charging any fees therefor.
C.R.S. § 28-1-106 — CO Code / Title 28 / Article 1 / Section 28-1-106
28-1-106. Employer's noncompliance - actions
Status: in_force

28-1-106. Employer's noncompliance - actions. If an employer violates any provision of this article, the aggrieved member may bring a civil action for damages or equitable relief or both. In any such civil action, the court shall award reasonable attorney fees and costs to the prevailing party.
C.R.S. § 28-3-314 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-314
28-3-314. Roll of retired officers
Status: in_force

28-3-314. Roll of retired officers. Any commissioned officer of the National Guard who resigns or is retired and who has served as such officer for a period of not less than fifteen years, and any commissioned officer of the National Guard who has been honorably discharged from any of the armed forces of the United States after serving therein for a period of ninety days or more during any war and who has served as such officer of the National Guard for a period of not less than ten years, and any commissioned officer of the National Guard who becomes disabled and thereby incapable of performing the duties of his or her office shall, upon retirement, have his or her name placed on a roll in the office of the adjutant general to be known as the "roll of retired officers" and is thereby entitled to wear, when not in conflict with federal law, on state or other occasions of ceremony, the uniform of the rank last held by him or her.
C.R.S. § 28-3.1-412 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-412
28-3.1-412. Review counsel
Status: in_force

28-3.1-412. Review counsel. (1) Upon the final review of a sentence of any court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate general.

(2) Upon the request of an accused, the state judge advocate general shall appoint a lawyer who is a member of the state military forces and who has the qualifications prescribed in section 28-3.1-211 if available, to represent the accused before the reviewing authority, before the staff judge advocate, and before the state judge advocate general in the review of cases specified in subsection (1) of this section.

(3) The accused may be represented by civilian counsel, provided at his or her expense, before the reviewing authority, before the staff judge advocate, and before the state judge advocate general.
C.R.S. § 28-3-1701 — CO Code / Title 28 / Article 3 / Part 17 / Section 28-3-1701
28-3-1701. Short title
Status: in_force

28-3-1701. Short title. This part 17 shall be known and may be cited as the "Colorado Youth Challenge Corps Program Act".
C.R.S. § 28-3-107 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-107
28-3-107. Department of military and veterans affairs fund - creation
Status: in_force

28-3-107. Department of military and veterans affairs fund - creation. Any gifts, grants, and donations accepted by the adjutant general pursuant to section 28-3-106 (1)(x) shall be transmitted to the state treasurer, who shall credit the same to the department of military and veterans affairs fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be invested by the state treasurer as provided in sections 24-36-109, 24-36-112, and 24-36-113, C.R.S. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert or be credited or transferred to the general fund or be transferred to any other fund. Any interest or income derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be credited to the general fund. Moneys in the fund shall be continuously appropriated to the department for use by the adjutant general to carry out the functions and duties set forth in this title.
C.R.S. § 28-5-215 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-215
28-5-215. Maintenance and support
Status: in_force

28-5-215. Maintenance and support. A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of said petition shall be furnished the proper office of the veterans administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account or other pleading.
C.R.S. § 28-3-802 — CO Code / Title 28 / Article 3 / Part 8 / Section 28-3-802
28-3-802. Unit funds
Status: in_force

28-3-802. Unit funds. (1) There is authorized to be created and maintained for each separate unit of the Colorado National Guard a unit fund. Expenditures from such unit fund shall be made in accordance with rules and regulations established by the adjutant general of the state of Colorado and applicable federal laws, rules, and regulations.

(2) There is authorized to be deposited in each unit fund such moneys as may be received from gifts, bequests, contributions, including federal contributions, and such amounts as may be appropriated to such unit funds from the general fund of the state of Colorado.
C.R.S. § 28-3.1-601 — CO Code / Title 28 / Article 3.1 / Part 6 / Section 28-3.1-601
28-3.1-601. Courts of inquiry
Status: in_force

28-3.1-601. Courts of inquiry. (1) Courts of inquiry to investigate any matter may be convened by the governor.

(2) A court of inquiry shall consist of three or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court.

(3) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the department 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 party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence.

(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

(5) The members, the counsel, the reporter, and the interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.

(6) Witnesses may be summoned to appear and testify and may be examined before courts of inquiry in the same manner as provided for courts-martial.

(7) 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.

(8) 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 of the court in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member of the court in lieu of the counsel.
C.R.S. § 28-5-502 — CO Code / Title 28 / Article 5 / Part 5 / Section 28-5-502
28-5-502. Interment of deceased veterans
Status: in_force

28-5-502. Interment of deceased veterans. (1) It is the duty of the county commissioners in each county of this state to designate some proper person in each county whose duty it is to cause the decent interment of the bodies of honorably discharged military personnel and discharged LGBT veterans:

(a) (I) Who died without leaving sufficient means to defray funeral expenses; or

(II) Who died leaving a family in indigent circumstances; and

(b) (I) Who served in any branch of the armed forces of the United States during any period of any declared or any undeclared war or other armed hostilities against an armed foreign enemy; or

(II) Who served on active duty in any branch of the armed services in any campaign or expedition for which a campaign badge is authorized.

(2) Burial must not be made in that portion of a cemetery or burial ground used exclusively for the burial of deceased indigent persons. Each county, by resolution of its board of county commissioners, shall establish the maximum expense to the county for each burial, exclusive of any federal funds provided for such purposes. In case the deceased veteran has relatives or friends who desire to conduct the funeral services, they shall be permitted to do so, and the expenses shall be paid as provided in this section.
C.R.S. § 28-3.1-308 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-308
28-3.1-308. Statute of limitations
Status: in_force

28-3.1-308. Statute of limitations. (1) A person charged with any offense under the code is not liable to be tried by court-martial or punished under section 28-3.1-114, if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section 28-3.1-114.

(2) Notwithstanding the provisions of subsection (1) of this section, a prosecution for larceny and wrongful appropriation under section 28-3.1-538, against one who obtained property lawfully and subsequently misappropriated it, may be commenced within one year after discovery of the loss, but in no case shall this extend the time limitation by more than five years.

(3) Periods in which the accused was absent from territory in which the state has authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy of any hostile force shall be excluded in computing the period of limitation prescribed in this section.

(4) A person charged with desertion or absence without leave in time of national emergency or war, or with aiding the enemy, or with mutiny may be tried and punished at any time without limitation.

(5) Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offenses punishable under section 28-3.1-535, 28-3.1-536, or 28-3.1-537 is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specification.
C.R.S. § 28-3.1-418 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-418
28-3.1-418. Restoration
Status: in_force

28-3.1-418. Restoration. (1) Under regulations prescribed by the governor, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, may be restored, unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon a new trial or rehearing.

(2) If a previously executed sentence of dishonorable discharge or other punitive discharge is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.

(3) If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issue, and a commissioned officer dismissed by that sentence may be reappointed only by the governor to the commissioned grade and rank as that former officer would have attained had he or she not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all state purposes.
C.R.S. § 28-3-306 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-306
28-3-306. Federal duty as continuous service
Status: in_force

28-3-306. Federal duty as continuous service. Service by any person in the United States volunteers or in any of the armed forces of the United States in time of war, insurrection, or rebellion shall be considered as continuous service in the National Guard for all purposes regarding privileges and exemptions provided by law for members of the National Guard, by enlistment or commission, but the continuous service for an officer shall include only the time he or she was commissioned as such.
C.R.S. § 28-5-706 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-706
28-5-706. Contributions to division - veterans private contributions fund - created
Status: in_force

28-5-706. Contributions to division - veterans private contributions fund - created. Any city, county, or political subdivision of the state or any association or individual may contribute funds, services, or facilities to the department, and the adjutant general may accept and use such funds, services, or facilities for the purpose or purposes intended by the contributor; except that no fund, service, or facility shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law. Any said funds shall be transmitted to the state treasurer, who shall credit the same to the veterans private contributions fund, which fund is hereby created.
C.R.S. § 28-3.1-402 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-402
28-3.1-402. Maximum limits
Status: in_force

28-3.1-402. Maximum limits. The punishment which a court-martial may direct for an offense shall not exceed limits prescribed by this code.
C.R.S. § 28-5-202 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-202
28-5-202. Definitions
Status: in_force

28-5-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Administrator" means the administrator of veterans' affairs of the United States or his or her successor.

(2) "Benefits" means all moneys paid or payable by the United States through the veterans administration.

(3) "Estate" means income on hand and assets acquired partially or wholly with income.

(4) "Guardian" means any fiduciary for the person or estate of a ward.

(5) "Income" means moneys received from the veterans administration and revenue or profit from any property wholly or partially acquired therewith.

(6) "Person" means an individual, a partnership, a corporation, or an association.

(7) "Veterans administration" means the veterans administration, its predecessors, or its successors.

(8) "Ward" means a beneficiary of the veterans administration.
C.R.S. § 28-3.1-420 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-420
28-3.1-420. Appeal following review and approval
Status: in_force

28-3.1-420. Appeal following review and approval. (1) The accused, within thirty-five days after the date the final reviewing authority takes action, may take an appeal to the supreme court of the state of Colorado pursuant to the Colorado appellate rules.

(2) When the accused petitions the governor pursuant to section 28-3.1-413 to review the final action of the reviewing authority, the time for filing notice of appeal is extended until thirty-five days after the governor announces his or her action or the petition is denied due to the governor's failure to act. No action or failure to act by the governor shall form the basis for appeal, nor shall the supreme court order review by the governor.
C.R.S. § 28-3.1-313 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-313
28-3.1-313. Contempt
Status: in_force

28-3.1-313. Contempt. A military court may punish for contempt any person who willfully and unlawfully refuses to be sworn as a witness, or who refuses to answer any legal or proper question, or who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by a riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.
C.R.S. § 28-3-702 — CO Code / Title 28 / Article 3 / Part 7 / Section 28-3-702
28-3-702. Misuse of property - generally - penalty
Status: in_force

28-3-702. Misuse of property - generally - penalty. Every person, whether a member of the military forces or not, who willfully destroys, damages, sells or disposes of, or buys or receives any arms, equipment, or accouterments issued by the United States or the state for the use of military forces or refuses to deliver or pay for the same upon lawful demand commits a class 2 misdemeanor.
C.R.S. § 28-3.1-507 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-507
28-3.1-507. Fraudulent enlistment, appointment, or separation
Status: in_force

28-3.1-507. Fraudulent enlistment, appointment, or separation. (1) Any person shall be punished as a court-martial directs if he or she:

(a) Procures his or her own enlistment or appointment in the state military forces by knowingly false representation or deliberate concealment as to his or her qualifications or medical fitness for that enlistment or appointment and receives pay or allowances thereunder; or

(b) Procures his or her own separation from the state military forces by knowingly false representation or deliberate concealment as to his or her eligibility for that separation.
C.R.S. § 28-3.1-546 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-546
28-3.1-546. Perjury
Status: in_force

28-3.1-546. Perjury. Any person subject to this code who in a judicial proceeding or in a course of justice conducted under this code willfully gives, upon a lawful oath or in any form allowed by law to be substituted for an oath, any false testimony material to the issue or matter of inquiry is guilty of perjury and shall be punished as a court-martial directs.
C.R.S. § 28-3-1304 — CO Code / Title 28 / Article 3 / Part 13 / Section 28-3-1304
28-3-1304. Drug interdiction and enforcement plan - limitations
Status: in_force

28-3-1304. Drug interdiction and enforcement plan - limitations. The plan shall state specifically that any drug interdiction and enforcement plan approved by the secretary of defense shall be conducted at a time when personnel of the National Guard are not in federal service. The plan shall also specifically state that participation by National Guard personnel in such operations is service in addition to annual training required under section 502 of title 32, United States Code.
C.R.S. § 28-5-207 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-207
28-5-207. Evidence of necessity for guardian of infant
Status: in_force

28-5-207. Evidence of necessity for guardian of infant. Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his or her authorized representative setting forth the age of such minor as shown by the records of the veterans administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the veterans administration shall be prima facie evidence of the necessity for such appointment.
C.R.S. § 28-3-703 — CO Code / Title 28 / Article 3 / Part 7 / Section 28-3-703
28-3-703. Property and fiscal officer - appointment - duties
Status: in_force

28-3-703. Property and fiscal officer - appointment - duties. The governor, pursuant to federal authority, shall appoint, designate, or detail an officer of the National Guard who shall be regarded as property and fiscal officer for the United States. The property and fiscal officer shall serve at the pleasure of the governor. The property and fiscal officer shall receipt and account for all funds and property belonging to the United States in possession of the National Guard of this state and shall make such returns and reports concerning the same as may be required by federal law and regulations. The property and fiscal officer shall render, through the United States department of defense, such accounts of federal funds entrusted to the property and fiscal officer for disbursement as may be required by the United States treasury department. Before entering upon the performance of the duties as property and fiscal officer, the property and fiscal officer shall be required to give good and sufficient bond to the United States, the amount thereof to be determined by federal laws or regulations, for the faithful performance of the duties of the office and for the safekeeping and proper disposition of federal property and funds entrusted to the property and fiscal officer's care.
C.R.S. § 28-3-1209 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1209
28-3-1209. Commendation ribbon
Status: in_force

28-3-1209. Commendation ribbon. A ribbon, designated as the "commendation ribbon", shall be awarded to any member of the National Guard of Colorado and to any other persons who have distinguished themselves either by exceptional service to the state of Colorado or by accomplishment of a special act or deed reflecting credit upon the state of Colorado and the National Guard of Colorado.
C.R.S. § 28-4-115 — CO Code / Title 28 / Article 4 / Section 28-4-115
28-4-115. Articles of war
Status: in_force

28-4-115. Articles of war.

(1) (Deleted by amendment, L. 2002, p. 593, § 26, effective May 24, 2002.)

(2) No officer or enlisted person of such force shall be arrested on any warrant while going to, remaining at, or returning from a place where he or she is ordered to attend military duty; except that nothing in this article shall be construed to prevent that person's arrest by order of a military officer or for a crime committed while not in actual performance of that person's state defense force active duty. Every officer and enlisted person of such force, during his or her service therein, shall be exempt from service upon any posse comitatus and from jury duty.

(3) When any member of the state defense force is on state defense force active duty, whether in paid or volunteer status, the individual is subject to the provisions of the "Colorado Code of Military Justice", as set forth in article 3.1 of this title.
C.R.S. § 28-3-1214 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1214
28-3-1214. State mobilization support ribbon
Status: repealed

28-3-1214. State mobilization support ribbon. (Repealed)
C.R.S. § 28-3-905 — CO Code / Title 28 / Article 3 / Part 9 / Section 28-3-905
28-3-905. Insufficient funds - payment from general fund
Status: in_force

28-3-905. Insufficient funds - payment from general fund. In all cases where any of the military forces are called into active service by the governor and there are no funds otherwise appropriated or available therefor or where the appropriated funds, if any, are insufficient, the payrolls of officers and enlisted men and expense bills shall be audited by the adjutant general and paid upon the adjutant general's certificate out of the general revenue fund, and the necessary funds are hereby appropriated.
C.R.S. § 28-3-1702 — CO Code / Title 28 / Article 3 / Part 17 / Section 28-3-1702
28-3-1702. Legislative declaration
Status: in_force

28-3-1702. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The need for educating at-risk or disruptive youth is well established;

(b) Recognizing the need for special programs to address positive youth development, the United States congress authorized and appropriated moneys for the use of National Guard or other facilities and equipment for the provision of a program designed to improve the employment potential and life skills of eligible youth through National Guard youth challenge corps programs; and

(c) An evaluation of similar programs for eligible youth operating in other states indicates that:

(I) Eighty percent of the students accepted into these programs went on to graduate from the programs;

(II) Eighty percent of the students in these programs were placed in schools or employed at the time of graduation from the programs;

(III) Eighty percent of the students in these programs successfully completed a high school equivalency examination, either during the time in which they were participating in the programs or within one year after graduating from the programs; and

(IV) Less than one percent of the students who participated in these programs were incarcerated within one year after graduating from the programs.

(2) Therefore, the general assembly hereby finds and declares that it would be in the best interest of the people of the state of Colorado to authorize the department to operate a youth challenge corps program and to take advantage of the opportunity to use National Guard or other facilities and equipment and any federal funding that may be available for such a program as authorized by federal law.
C.R.S. § 28-3-1203 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1203
28-3-1203. Meritorious service medal
Status: in_force

28-3-1203. Meritorious service medal. The department may award a medal, designated as the "meritorious service medal", to any person serving in any capacity in or with, or any person acting in support of, any division or office of the department, including the Colorado National Guard, who, when on any duty status except federal service, distinguishes himself or herself by exceptionally meritorious service to the department.
C.R.S. § 28-3.1-413 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-413
28-3.1-413. Review by governor
Status: in_force

28-3.1-413. Review by governor. Notwithstanding review procedures provided in this code, in any case where no right to review by the governor exists, the accused may, within thirty days after final action is taken by any reviewing authority, petition the governor to review such final action. The governor may take action as he or she deems appropriate. Failure of the governor to act within thirty days shall constitute a denial.
C.R.S. § 28-3.1-403 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-403
28-3.1-403. Effective date of sentences
Status: in_force

28-3.1-403. Effective date of sentences. (1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay and allowances becoming due before or after the date the sentence is approved by the convening authority.

(2) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the terms of confinement.

(3) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his or her sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

(4) All other sentences of court-martial are effective on the date ordered executed. In no case may a sentence be executed until final action is taken on review.

(5) In the militia or state military forces not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.

(6) Notwithstanding subsection (3) of this section, unless waived by the accused, an officer exercising summary court-martial jurisdiction shall defer service of a sentence to confinement pursuant to section 28-3.1-205 (4)(a), pending the conclusion of any appeal following review and approval pursuant to section 28-3.1-420.
C.R.S. § 28-3-315 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-315
28-3-315. Retired officers - warrant officers - limited assignments
Status: in_force

28-3-315. Retired officers - warrant officers - limited assignments. The commander in chief may assign officers and warrant officers on the retired list to state active duty in recruiting, to serve upon courts-martial, courts of inquiry and board, to staff duty not involving service with troops, to be in charge of a military reservation left temporarily without officers, or to such other duties as the adjutant general may designate. Such officers and warrant officers while so assigned shall receive the full pay and allowances of their grades at time of retirement or may serve in a volunteer unpaid status.
C.R.S. § 28-3.1-539 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-539
28-3.1-539. Robbery
Status: in_force

28-3.1-539. Robbery. Any person subject to this code who with intent to steal takes anything of value from the person or in the presence of another against his or her will, by means of force or violence or fear of immediate or future injury to his or her person or property or to the person or property of a relative or member of his or her family or of anyone in his or her company at the time of the robbery, is guilty of robbery and shall be punished as a court-martial directs.
C.R.S. § 28-4-108 — CO Code / Title 28 / Article 4 / Section 28-4-108
28-4-108. Service outside state
Status: in_force

28-4-108. Service outside state. (1) Such forces shall not be required to serve outside the boundaries of the state except that:

(a) Upon the request of the governor of another state, the governor of this state, in his or her discretion, may order any portion or all of such forces to assist the military or police forces of such other state who are actually engaged in defending such other state. These forces may be recalled by the governor at his or her discretion.

(b) Any organization, unit, or detachment of such forces, upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, terrorists, enemies, or enemy forces beyond the borders of this state into another state until such are apprehended or captured by such organization, unit, or detachment or until the military or police forces of the other state or forces of the United States have had an opportunity to take up the pursuit or to apprehend or capture such persons, if such other state has given authority by law for such pursuit by the forces of this state. Any such person who is apprehended or captured in such other state by an organization, unit, or detachment of the forces of this state, without unnecessary delay, shall be surrendered to the military or police forces of the state in which he or she is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
C.R.S. § 28-5-217 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-217
28-5-217. Copies of public records to be furnished
Status: in_force

28-5-217. Copies of public records to be furnished. When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, the official custodian of such public record, without charge, shall provide the applicant for such benefits or any person acting on his or her behalf or the authorized representative of the veterans administration with a certified copy of such record.
C.R.S. § 28-3.1-519 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-519
28-3.1-519. Resisting arrest - escape from custody
Status: in_force

28-3.1-519. Resisting arrest - escape from custody. Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial directs.
C.R.S. § 28-5-216 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-216
28-5-216. Purchase of home for ward
Status: in_force

28-5-216. Purchase of home for ward. (1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or as a home for his or her dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the veterans administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.

(2) Before authorizing such investment, the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his or her ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such is necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.
C.R.S. § 28-3.1-205 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-205
28-3.1-205. Jurisdiction of summary courts-martial
Status: in_force

28-3.1-205. Jurisdiction of summary courts-martial. (1) Summary courts-martial have jurisdiction to try any person subject to this code, except commissioned officers, warrant officers, cadets, and candidates, for any offense made punishable under this code.

(2) and (3) (Deleted by amendment, L. 2018.)

(4) A summary court-martial may adjudge any of the following punishments:

(a) Confinement for not more than thirty days;

(b) A fine of any amount up to the maximum pay received for four unit training assemblies or four days of annual training, whichever is applicable according to duty status;

(c) Forfeiture of pay and allowances of any amount up to the maximum pay received for four unit training assemblies or four days of annual training, whichever is applicable according to duty status;

(d) Reduction of an enlisted person to any inferior grade; or

(e) Any combination of these punishments.
C.R.S. § 28-3-108 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-108
28-3-108. Distance learning cash fund - creation
Status: in_force

28-3-108. Distance learning cash fund - creation. There is hereby created in the state treasury the distance learning cash fund, referred to in this section as the "fund", which shall consist of the cash fees generated by the public and private use of distance learning facilities pursuant to section 28-3-106 (1)(y). The moneys in the fund shall be invested by the state treasurer as provided in sections 24-36-109, 24-36-112, and 24-36-113, C.R.S. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not revert or be credited or transferred to the general fund or be transferred to any other fund. Any interest or income derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be credited to the general fund. The moneys in the fund shall be continuously appropriated and shall be used to defray the costs associated with operating the distance learning facilities and equipment. Such costs shall include, but need not be limited to, repair, replacement, and salaries involved in the use of said facilities as well as the maintenance and operation of the facilities and equipment.
C.R.S. § 28-3-1404 — CO Code / Title 28 / Article 3 / Part 14 / Section 28-3-1404
28-3-1404. Actions for rent or possession by landlord
Status: in_force

28-3-1404. Actions for rent or possession by landlord. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), an eviction, distress action, or requirement for deposit of accrued rent, as provided for in law, may not proceed against any person described in section 28-3-1402 during the period of service or duty and for thirty days thereafter if:

(I) The person, within thirty days after being called to said service or duty, has given written notice to the affected landlord with regard to any premises; and

(II) The rental unit is occupied chiefly as a residential dwelling by the person, the person's spouse, or a dependent of the person.

(b) A court of competent jurisdiction may allow an action described in paragraph (a) of this subsection (1) to proceed based upon a finding of no substantive prejudice to the person as a result of the service or duty.

(2) The court may, on its own motion, stay the proceedings described in paragraph (a) of subsection (1) of this section for the duration of the period of service or duty and for thirty days thereafter or otherwise dispose of the case as may be equitable to conserve the interests of all parties. The court shall stay the proceedings upon the application of a person, or an agent of the person, engaged in state military service or state defense force active duty unless, in the opinion of the court, the ability of the person to pay the agreed upon rent has not been materially affected by reason of the service or duty.
C.R.S. § 28-3-303 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-303
28-3-303. Qualifications of officers
Status: in_force

28-3-303. Qualifications of officers. Officers of the National Guard shall not be commissioned as such unless they have been selected from the classes of persons having the qualifications prescribed by federal law and have taken and subscribed to the oath of office prescribed by congress.
C.R.S. § 28-3-1211 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1211
28-3-1211. Adjutant general's outstanding unit citation
Status: in_force

28-3-1211. Adjutant general's outstanding unit citation. A ribbon, designated as the "adjutant general's outstanding unit citation", shall be awarded for outstanding meritorious performance, on or after June 1, 1995, by any unit assigned to the National Guard of Colorado. Said unit shall display superior performance of an exceptionally difficult task deemed extraordinary and not representing the normal day-to-day circumstances, that sets it apart from other units with similar missions and circumstances.
C.R.S. § 28-3.1-516 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-516
28-3.1-516. Failure to obey order or regulation
Status: in_force

28-3.1-516. Failure to obey order or regulation. Any person subject to this code who violates or fails to obey any lawful general order or regulation, including an order to report for state active duty, or is derelict in the performance of his or her duties shall be punished as a court-martial directs.
C.R.S. § 28-3-1402 — CO Code / Title 28 / Article 3 / Part 14 / Section 28-3-1402
28-3-1402. Applicability
Status: in_force

28-3-1402. Applicability. This part 14 shall apply to any person who is called to state military service, as the term "military service" is defined in section 28-3-101, or called to state defense force active duty, as the term is defined in section 28-4-102, for any period of time longer than thirty days and who is ordered by the governor to enforce the law, preserve the peace, secure the rights or lives of citizens, or protect property.
C.R.S. § 28-3.1-307 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-307
28-3.1-307. Oaths
Status: in_force

28-3.1-307. Oaths. (1) Interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.

(2) Each witness before a military court shall be examined on oath or affirmation.
C.R.S. § 28-3.1-410 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-410
28-3.1-410. Approval by the convening authority
Status: in_force

28-3.1-410. Approval by the convening authority. In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings and the sentence or part or amount of the sentence which he or she finds correct in law and fact. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence.
C.R.S. § 28-3.1-523 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-523
28-3.1-523. Misbehavior before the enemy or any hostile force
Status: in_force

28-3.1-523. Misbehavior before the enemy or any hostile force. (1) Any person subject to this code shall be punished by confinement of not more than ten years or such other punishment as a court-martial directs when he or she, before or in the presence of the enemy or any hostile force:

(a) Runs away;

(b) Abandons, surrenders, or delivers up any command, unit, place, or military property which it is his or her duty to defend;

(c) Through disobedience, neglect, or intentional misconduct, endangers the safety of any such command, unit, place, or military property;

(d) Casts away his or her arms or ammunition;

(e) Is guilty of cowardly conduct;

(f) Quits his or her place of duty to plunder or pillage;

(g) Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the state military forces;

(h) Willfully fails to do his or her utmost to encounter, engage, capture, or destroy any enemy troops, hostile forces, combatants, vessels, aircraft, or any other thing, which it is his or her duty so to encounter, engage, capture, or destroy; or

(i) Does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies or the state or to any other state, when engaged in battle.
C.R.S. § 28-3-201 — CO Code / Title 28 / Article 3 / Part 2 / Section 28-3-201
28-3-201. Composition
Status: in_force

28-3-201. Composition. The Colorado National Guard consists of the regularly enlisted militia within the ages prescribed by federal law and regulations, organized, armed, and equipped as provided in this article 3, and of commissioned officers and warrant officers within the ages and having the qualifications prescribed by federal law and regulations. "National Guard" applies only to militia organized as provided for in this article 3 and authorized by federal law and regulations relating to the National Guard. The number of officers and enlisted personnel of the National Guard must be fixed from time to time and organized so as to meet the requirements of the federal laws and regulations. The Colorado National Guard is a type 2 entity, as defined in section 24-1-105.
C.R.S. § 28-4-102 — CO Code / Title 28 / Article 4 / Section 28-4-102
28-4-102. Definitions
Status: in_force

28-4-102. Definitions. As used in this article, unless the context otherwise requires:

(1) and (2) (Deleted by amendment, L. 2002, p. 589, § 18, effective May 24, 2002.)

(3) "Saboteur" means a person who intentionally destroys, damages, moves, or interferes with any property with reasonable grounds to believe that the act will interfere with the preparation of the United States or any state for defense or for war or with the prosecution of war by the United States.

(4) "State defense force" means the organized military force of the state of Colorado other than the Army National Guard or Air National Guard and existing as a division of the department of military and veterans affairs pursuant to section 24-1-127 (3)(d), C.R.S.

(5) "State defense force active duty" means that duty performed by individuals pursuant to this article.

(6) "Terrorist" means a person who has engaged in, or is suspected of engaging in, acts of terrorism, as that term is defined in 18 U.S.C. sec. 3077 (1), as amended.
C.R.S. § 28-3.1-105 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-105
28-3.1-105. Territorial applicability of this code
Status: in_force

28-3.1-105. Territorial applicability of this code. (1) This code applies to all persons otherwise subject to this code, either in title 32 of the United States Code, as amended, or state active duty status, while they are serving outside the state and while they are going to and returning from such service outside the state in the same manner and to the same extent as if they were serving inside the state.

(2) Courts-martial and courts of inquiry may be convened and held in units of the military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state. Offenses committed outside the state may be tried and punished either inside or outside the state.

(3) This code does not apply to persons serving under title 10 of the United States Code, as amended.
C.R.S. § 28-3.1-502 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-502
28-3.1-502. Abetting offenders
Status: in_force

28-3.1-502. Abetting offenders. Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial directs.
C.R.S. § 28-3-401 — CO Code / Title 28 / Article 3 / Part 4 / Section 28-3-401
28-3-401. Enlistment periods - extensions
Status: in_force

28-3-401. Enlistment periods - extensions. Except as otherwise provided in this article or by federal law, original enlistments in the military forces shall be for a period of three years and subsequent enlistments for a period of one or three years. The governor may by order fix shorter periods of enlistment or reenlistment for any of the military forces so far as not inconsistent with federal law. In the event of any emergency wherein the governor has called out any of the military forces, he or she may by order extend, for not exceeding the period of emergency and sixty days thereafter, the period of any enlistment in the forces called out which would otherwise expire.
C.R.S. § 28-3.1-110 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-110
28-3.1-110. Confinement
Status: in_force

28-3.1-110. Confinement. (1) Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in a jail in the county where the offense was committed or a jail designated by the convening authority, the costs of such confinement to be paid out of funds appropriated to the office of the adjutant general.

(2) No provost marshal, commander of a guard, or master-at-arms, and no warden, sheriff, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under subsection (1) of this section may refuse to receive or keep any prisoner committed to his or her charge when the committing person furnishes a statement signed by him or her of the offense charged against the prisoner.

(3) Every commander of a guard, every master-at-arms, and every warden, sheriff, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under subsection (1) of this section to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him or her, and the name of the person who ordered or authorized the commitment.
C.R.S. § 28-3-309 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-309
28-3-309. Officer's fitness - vacation of commissions
Status: in_force

28-3-309. Officer's fitness - vacation of commissions. The moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board as provided by federal law. Commissions or warrants of officers of the National Guard may be vacated upon resignation, absence without leave for three months, the recommendation of an efficiency board pursuant to sentence of a court-martial, permanent removal from the state, termination of federal recognition, or transfer to another reserve component.
C.R.S. § 28-3.1-315 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-315
28-3.1-315. Admissibility of records of courts of inquiry
Status: in_force

28-3.1-315. Admissibility of records of courts of inquiry. Records of courts of inquiry are not admissible as evidence in any court-martial.
C.R.S. § 28-3.1-404 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-404
28-3.1-404. Execution of confinement
Status: in_force

28-3.1-404. Execution of confinement. (1) A sentence of confinement adjudged by a military court may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state.

(2) The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.

(3) The keepers, sheriffs, officers, and wardens of city or county jails and of all other jails, penitentiaries, or prisons designated by the convening authority shall receive persons ordered into confinement before trial or persons committed to confinement by a military court and shall confine them according to law.
C.R.S. § 28-3.1-405 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-405
28-3.1-405. Commitment under sentence of confinement
Status: in_force

28-3.1-405. Commitment under sentence of confinement. When a sentence of confinement is imposed to be served other than in a guardhouse, the convening authority shall issue a writ in the following or similar form:

STATE OF ________________________)

) ss.

________ COUNTY OF______________)

To the Sheriff of County, , State of Colorado.

WHEREAS, of in the County of , a member of the Colorado National Guard, was on the day of , 20 , tried by court-martial and found guilty of in violation of the Colorado Military Code and was sentenced to serve days imprisonment; and

WHEREAS, as such sentence was approved and ordered executed by the convening authority, on the day of , 20 ;

THEREFORE, you were commanded to take the body of the said and commit him or her to the keeper of the jail, who is hereby commanded to receive the body of the said and keep him or her safely for the term of days, after which he or she shall be released.

Fail not, but do as herein commanded and make a return within sixty (60) days from this date.

Dated at , in the County of this day of , 20 .
C.R.S. § 28-3-1206 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1206
28-3-1206. Medals and lapel buttons - design - issue
Status: in_force

28-3-1206. Medals and lapel buttons - design - issue. The design, procurement, and regulations governing the issue of the medals and lapel buttons provided for in this article shall be as prescribed by the governor in orders through the office of the adjutant general.
C.R.S. § 28-3.1-406 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-406
28-3.1-406. Collection of fines
Status: in_force

28-3.1-406. Collection of fines. (1) All fines imposed as a sentence of a court-martial shall be paid at the time of approval of the sentence by the convening authority.

(2) The commitment to the county jail for nonpayment of fines shall be in the following or similar form:

STATE OF ________________________)

) ss.

________ COUNTY OF______________)

To the Sheriff of County , State of Colorado.

WHEREAS, of in the County of , a member of the Colorado National Guard, was on the day of , 20 , tried by court-martial and found guilty of in violation of the Colorado Military Code and was sentenced to pay a fine of Dollars; and

WHEREAS, such fine has not been paid;

NOW, THEREFORE, by authority of the State of Colorado, you are hereby commanded to take the body of the said and commit it to the keeper of the jail in the County of , who is hereby commanded to receive the body of the said and keep him or her safely until he or she pays the sum above mentioned, or shall have served one (1) day for each dollar of said fine, after which time he or she shall be released.

Fail not, but make service and return within sixty (60) days from this date.

Dated at , in the County of this day of , 20 .

___________________
C.R.S. § 28-3.1-503 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-503
28-3.1-503. Charges - offenses included
Status: in_force

28-3.1-503. Charges - offenses included. An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or of an offense necessarily included therein, but not both.
C.R.S. § 28-3.1-216 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-216
28-3.1-216. Investigation
Status: in_force

28-3.1-216. Investigation. (1) No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.

(2) The accused shall be advised of the charges against him or her and of his or her right to be represented by civilian counsel if provided by him or her, or by military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the state judge advocate. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides, and a copy thereof shall be given to the accused.

(3) If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (2) of this section, no further investigation of that charge is necessary under this section, unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.

(4) The requirements of this section are binding on all persons administering this code, but failure to follow them shall not divest a military court of jurisdiction.
C.R.S. § 28-3.1-309 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-309
28-3.1-309. Former jeopardy
Status: in_force

28-3.1-309. Former jeopardy. (1) No person may be tried a second time in any military court for the same offense.

(2) No proceeding in which an accused has been found guilty by a court-martial upon any charges or specification is a trial for purposes of this section until the finding of guilty has become final after review of the case has been fully completed.

(3) A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial for purposes of this section.
C.R.S. § 28-5-214 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-214
28-5-214. Investments
Status: in_force

28-5-214. Investments. Every guardian shall invest the surplus funds of his or her ward's estate in such securities or property as authorized under the laws of this state, but only upon prior order of the court; except that the funds may be invested, without prior court authorization, in direct unconditional interest-bearing obligations of this state or of the United States and in obligations the interest and principal of which are unconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest shall be furnished the proper office of the veterans administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.
C.R.S. § 28-3-310 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-310
28-3-310. Disbandment - surplus officers - disposition
Status: in_force

28-3-310. Disbandment - surplus officers - disposition. Officers of the National Guard rendered surplus by the disbandment of their organization shall be disposed of as provided by federal law.
C.R.S. § 28-3-1301 — CO Code / Title 28 / Article 3 / Part 13 / Section 28-3-1301
28-3-1301. Legislative declaration
Status: in_force

28-3-1301. Legislative declaration. The general assembly hereby finds and declares that drug abuse and drug trafficking are matters of statewide concern and further declares that the state should take advantage of assistance offered by the National Guard in fighting against the spread of drug trafficking and abuse in the state.
C.R.S. § 28-5-220 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-220
28-5-220. Certification or commitment to veterans administration
Status: in_force

28-5-220. Certification or commitment to veterans administration. (1) When, in any proceeding under the laws of this state for the commitment or certification of a person alleged to have a mental health disorder or otherwise be in need of confinement in a hospital or other institution for his or her proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment or certification to a hospital for treatment of mental health disorders or other institution is necessary for safekeeping or treatment and it appears that the person is eligible for care or treatment by the veterans administration, the court, upon receipt of a certificate from the veterans administration showing that facilities are available and that the person is eligible for care or treatment therein, may commit or certify the person to the veterans administration. Upon commitment or certification, the person, when admitted to any facility operated by such agency within or without this state, is subject to the rules and regulations of the veterans administration. The chief officer of any facility of the veterans administration to which the person is committed or certified, with respect to the person committed or certified, is vested with the same powers as superintendents of state hospitals for mental health disorders within this state with respect to retention of custody, transfer, parole, or discharge as restored to reason.

(2) The judgment or order of certification or commitment by a court of competent jurisdiction of another state or of the District of Columbia certifying or committing a person to the veterans administration for care or treatment has the same force and effect as to the person while in this state as in the jurisdiction in which the court entering the judgment or making the order is situated; and the courts of the certifying or committing state or of the District of Columbia are deemed to have retained jurisdiction of the person so certified or committed for the purpose of inquiring into the person's mental health and of determining the necessity for continuance of his or her restraint. Consent is given to the application of the law of the certifying or committing state or district in respect to the authority of the chief officer of any facility of the veterans administration to retain custody or transfer, parole, or discharge the person.

(3) Upon receipt of a certificate of the veterans administration that facilities are available for the care or treatment of any person committed or certified to any hospital for persons with mental health disorders or other institution for the care or treatment of persons similarly afflicted and that the person is eligible for care or treatment, the court having jurisdiction may cause him or her to be transferred to the veterans administration for care or treatment. Any person transferred as provided in this section is deemed to be committed or certified to the veterans administration for all purposes as provided in subsection (1) of this section as on original commitment or certification.
C.R.S. § 28-5-104 — CO Code / Title 28 / Article 5 / Part 1 / Section 28-5-104
28-5-104. State veterans benefits - effect of individual unemployability status
Status: in_force

28-5-104. State veterans benefits - effect of individual unemployability status. For the purpose of determining eligibility for any veterans benefit offered by the state, a veteran who has individual unemployability status, as determined by the United States department of veterans affairs, shall be treated equivalently to a veteran who has a service-connected disability that has been rated as one hundred percent permanent disability by the United States department of veterans affairs.
C.R.S. § 28-3.1-524 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-524
28-3.1-524. Subordinate compelling surrender
Status: in_force

28-3.1-524. Subordinate compelling surrender. Any person subject to this code who compels or attempts to compel the commander of any of the state military forces to surrender to an enemy or any hostile force or who strikes the colors or flag to any enemy or any hostile force without proper authority shall be punished as a court-martial directs.
C.R.S. § 28-3.1-219 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-219
28-3.1-219. Service of charges
Status: in_force

28-3.1-219. Service of charges. The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. No person shall, against his or her objection, be brought to trial or be required to participate by himself or herself or by counsel in a session called by the military judge under section 28-3.1-304 before a general court-martial within five days after the service of the charges upon him or her, or before a special court-martial within three days after the service of the charges upon him or her.
C.R.S. § 28-3.1-213 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-213
28-3.1-213. Absent and additional members
Status: in_force

28-3.1-213. Absent and additional members. (1) No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.

(2) Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and counsel.

(3) Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial may proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
C.R.S. § 28-5-505 — CO Code / Title 28 / Article 5 / Part 5 / Section 28-5-505
28-5-505. Cemetery subdivision - state may acquire and maintain
Status: in_force

28-5-505. Cemetery subdivision - state may acquire and maintain. The state has authority to acquire, establish, maintain, and improve in any cemetery in the state a suitable subdivision to be used as a burial place for honorably discharged veterans and discharged LGBT veterans. Such subdivision must consist of lots, each of sufficient area to accommodate at least eight interments of deceased veterans. No charge shall be made for burial space in such subdivision.
C.R.S. § 28-3.1-218 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-218
28-3.1-218. Advice of state judge advocate and reference for trial
Status: in_force

28-3.1-218. Advice of state judge advocate and reference for trial. (1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate general for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.

(2) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications needed to make them conform to the evidence may be made.
C.R.S. § 28-3-503 — CO Code / Title 28 / Article 3 / Part 5 / Section 28-3-503
28-3-503. Actions against military personnel - cost bond
Status: in_force

28-3-503. Actions against military personnel - cost bond. Any person bringing an action or proceeding against a military officer of the state for any act done in the course of his or her official duty or against any person acting under the order or authority of such officer shall give security for the costs, disbursements, and reasonable attorney fees incurred by the state or defendant in defending the same in the same manner and subject to the same regulations, so far as applicable, as in the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney fees may be taxed with the costs and disbursements and judgment therefor entered against him or her and his or her sureties on the bond.
C.R.S. § 28-3.1-208 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-208
28-3.1-208. Who may convene summary courts-martial
Status: in_force

28-3.1-208. Who may convene summary courts-martial. (1) The commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, battalion, squadron, company, or other detachment may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.

(2) When only one commissioned officer is present with a command or detachment, he or she shall be the summary court-martial of that command or detachment and shall hear and determine all summary courts-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior authority.
C.R.S. § 28-3.1-533 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-533
28-3.1-533. Driving while impaired - reckless driving
Status: in_force

28-3.1-533. Driving while impaired - reckless driving. Any person subject to this code who operates any vehicle while impaired by alcohol, marijuana, drugs, or intoxicants of any kind, or any combination thereof, or in a reckless or wanton manner shall be punished as a court-martial directs.
C.R.S. § 28-3-603 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-603
28-3-603. Public employees - emergency military leave
Status: in_force

28-3-603. Public employees - emergency military leave. Subject to the conditions prescribed in this section, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who engages in active military service in time of war or other emergency declared by proper authority of the state or the United States, for which leave is not otherwise allowed by law or permitted by the officer's or employee's employer, is entitled to leave of absence from the officer's or employee's public office or employment without pay during the service with right of reinstatement as provided in section 28-3-604.
C.R.S. § 28-3-405 — CO Code / Title 28 / Article 3 / Part 4 / Section 28-3-405
28-3-405. Dishonorable discharge
Status: in_force

28-3-405. Dishonorable discharge. A dishonorable discharge from service in the National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein, and disqualification for any military office under the state. The names of all persons dishonorably discharged shall be published in orders by the adjutant general.
C.R.S. § 28-3.1-518 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-518
28-3.1-518. Mutiny and sedition
Status: in_force

28-3.1-518. Mutiny and sedition. (1) Any person subject to this code who, with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his or her duty or creates any violence or disturbance is guilty of mutiny.

(2) Any such person who, with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against such authority is guilty of sedition.

(3) Any such person who fails to do his or her utmost to prevent and suppress a mutiny or sedition being committed in his or her presence or fails to take all reasonable means to inform his or her superior commissioned officer or commanding officer of a mutiny or sedition which he or she knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.

(4) Any person who is found guilty of attempted mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished by confinement of not more than ten years or such other punishment as a court-martial directs.
C.R.S. § 28-3.1-202 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-202
28-3.1-202. Complete record of proceedings and testimony - when required
Status: in_force

28-3.1-202. Complete record of proceedings and testimony - when required. A dishonorable discharge or dismissal may not be adjudged unless a verbatim record of the proceedings and testimony before the court has been made.
C.R.S. § 28-5-802 — CO Code / Title 28 / Article 5 / Part 8 / Section 28-5-802
28-5-802. Qualifications - term of office
Status: in_force

28-5-802. Qualifications - term of office. (1) (a) An appointed county veterans service officer at the time of appointment must be a resident of the state, have served in the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard, or any auxiliary branch thereof, and have been honorably discharged or be a discharged LGBT veteran, or be an officer released from active duty with the armed forces and placed on inactive duty. Before an appointment is made, the board of county commissioners making the appointment may seek the advice and counsel of the chief officer of each post of the regularly established and existing veterans organizations of the county where the officer is to serve as to the qualifications and experience of the applicant for the position. The appointee must be well-qualified based on the appointee's education and experience to perform the duties of a county veterans service officer. The division shall recommend education and experience qualifications for the position of a county veterans service officer.

(b) Notwithstanding subsection (1)(a) of this section, a county veterans service officer who is authorized to be hired by the appointed county veterans service officer is not required to have served in the United States Army, Air Force, Navy, Marine Corps, Space Force, or Coast Guard, or any auxiliary branch thereof, and is not required to have been honorably discharged or a discharged LGBT veteran, or be an officer released from active duty with the armed forces and placed on inactive duty.

(2) An appointment described in subsection (1) of this section is for a two-year term. At the expiration of the term or in case of a vacancy, the board of county commissioners making the appointment may either reappoint the incumbent to the position of a county veterans service officer or may consider applicants and appoint a county veterans service officer in the manner specified in this article 5.

(3) In order to be eligible to be a county veterans service officer and to serve as a claimant's representative and to assist a veteran claimant with the preparation, presentation, or prosecution of a claim for a United States department of veterans affairs benefit, a person must be certified by the state in accordance with the training and certification program developed pursuant to section 28-5-705 (1)(f) and accredited by the United States department of veterans affairs pursuant to requirements described in 38 CFR 14.629, as amended.
C.R.S. § 28-3.1-112 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-112
28-3.1-112. Punishment prohibited before trial
Status: in_force

28-3.1-112. Punishment prohibited before trial. Subject to section 28-3.1-403, no person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against such person, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances require to insure his or her presence. However, such person may be subjected to minor punishment during that period for infractions of discipline.
C.R.S. § 28-3-1202 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1202
28-3-1202. Meritorious conduct medal
Status: in_force

28-3-1202. Meritorious conduct medal. The department may award a medal, designated as the "meritorious conduct medal", to any person serving in any capacity in or with the department, including in or with the Colorado National Guard, who, when on any duty status except federal service, distinguishes himself or herself by extraordinary heroism or by saving the life of another by physical action or by providing substantial medical treatment of an injury that, had treatment not been administered, would have resulted in the person's death. A second or subsequent award is denoted by a bronze oak-leaf cluster.
C.R.S. § 28-3-606 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-606
28-3-606. Public pension rights retained
Status: in_force

28-3-606. Public pension rights retained. Any public officer or employee receiving leave of absence under the preceding sections and having rights in any state, municipal, or other public pension, retirement, or relief system shall retain all such rights accrued up to the time of taking such leave and shall have all rights subsequently accruing under such system as if he or she had been actually employed during the time of such leave. Any increase in the amount of money benefits accruing with respect to the time of such leave is dependent upon the payment of any contributions or assessments, and the right to such increase is dependent upon the payment of such contributions or assessments within such reasonable time after the termination of such leave and upon such terms as the authorities in charge of the system may prescribe.
C.R.S. § 28-3.1-528 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-528
28-3.1-528. Aiding the enemy or any hostile force
Status: in_force

28-3.1-528. Aiding the enemy or any hostile force. Any person who aids or attempts to aid the enemy or any hostile force with arms, ammunition, supplies, money, or other thing or who without proper authority knowingly harbors, or protects, or gives intelligence to, or communicates or corresponds with, or holds any intercourse with the enemy or any hostile force, either directly or indirectly, shall be punished as a court-martial directs.
C.R.S. § 28-1-104 — CO Code / Title 28 / Article 1 / Section 28-1-104
28-1-104. Public employees - leave of absence
Status: in_force

28-1-104. Public employees - leave of absence. (1) Any member who is an officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state and who is called to duty for a civil air patrol mission is entitled to a leave of absence from the member's office or employment for the time when the member is engaged in the civil air patrol mission without loss of pay, seniority, status, efficiency rating, vacation, sick leave, or other benefits. The leave without loss of pay that is allowed pursuant to this section shall not exceed a total of fifteen workdays in the leave year established by the employer; except that such leave without loss of pay shall be allowed only if the required civil air patrol service is satisfactorily performed, which shall be presumed unless the contrary is established.

(2) The leave allowed pursuant to subsection (1) of this section shall be allowed only if the member returns to his or her public position the next scheduled workday after being relieved from service for the civil air patrol mission; except that leave shall be allowed pursuant to subsection (1) of this section if the member is unable to return to work due to injury or circumstances beyond the member's control and the member notifies the employer as soon as practicable, but prior to the next scheduled workday.

(3) A state agency or any political subdivision, municipal corporation, or other public agency of the state may hire a temporary employee to fill a vacancy created by a leave of absence allowed pursuant to subsection (1) of this section.

(4) Upon returning from a leave of absence allowed pursuant to this section, a member is entitled to return to the same position and classification held by the member before the leave of absence for the civil air patrol mission or to the position, including the geographic location of the position, and classification that the member would have been entitled to if the member did not take a leave of absence for the civil air patrol mission.

(5) A member who is an officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state, receiving a leave of absence pursuant to this section and having rights in any state, municipal, or other public pension, retirement, or relief system shall retain all of the rights accrued up to the time of taking the leave and shall have all rights subsequently accruing under such system as if the member did not take the leave. Any increase in the amount of money benefits accruing with respect to the time of the leave is dependent upon the payment of any contributions or assessments, and the right to the increase is dependent upon the payment of contributions or assessments within a reasonable time after the termination of the leave and upon such terms as the authorities in charge of the system may prescribe.
C.R.S. § 28-3-1303 — CO Code / Title 28 / Article 3 / Part 13 / Section 28-3-1303
28-3-1303. Drug interdiction and enforcement plan - requirements
Status: in_force

28-3-1303. Drug interdiction and enforcement plan - requirements. (1) The drug interdiction and enforcement plan required by this part 13 shall be in compliance with the provisions set forth in Pub.L. 100-456, section 1105, and shall specifically request the secretary of defense to provide sufficient funds for the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses of personnel of the National Guard when utilized in conjunction with the plan. The plan shall specify that such funds are to be used solely for the purpose of drug interdiction and enforcement operations and for the operation and maintenance of the equipment and facilities of the National Guard when used in conjunction with such plan.

(2) Notwithstanding any other provision of law, when participating in operations pursuant to the drug interdiction and enforcement plan required by this part 13, the National Guard shall be considered a law enforcement agency of the state for purposes of accepting, receiving, disposing of, and expending the property and proceeds from any property forfeited to the federal government and allocated to the National Guard pursuant to section 16-13-601, C.R.S.
C.R.S. § 28-4-104 — CO Code / Title 28 / Article 4 / Section 28-4-104
28-4-104. State defense force - composition
Status: in_force

28-4-104. State defense force - composition. The governor is authorized to organize and maintain within this state such military forces as the governor deems necessary to defend this state. Such forces are known as the state defense force and are composed of such citizens of the state who volunteer or who are ordered by the governor and qualify for service therein. Such forces are additional to and distinct from the National Guard. The Colorado state defense force is maintained in numbers to be determined by the governor. If organized by the governor, the Colorado state defense force is a type 2 entity, as defined in section 24-1-105. No officer or enlisted person of this force may be a member of the National Guard or other armed force of the United States. Such part of this force as ordered by the governor is uniformed. Any part or all of this force may be called to state defense force active duty at the pleasure of the governor. All costs and expenses of the state defense force are paid from the general fund by separate appropriation to the department of military and veterans affairs.
C.R.S. § 28-3-906 — CO Code / Title 28 / Article 3 / Part 9 / Section 28-3-906
28-3-906. Units - corporate structure and powers
Status: in_force

28-3-906. Units - corporate structure and powers. (1) Each federally recognized organization of the National Guard, without any further proceeding other than the filing with the secretary of state of a certificate by the adjutant general to that effect, constitutes a corporate body to be known by the name by which such organization is officially designated under the military laws and regulations of the state and shall possess all the powers necessary and convenient to accomplish the objects and perform the duties prescribed by law.

(2) The members of such military organization in good standing, and no others, shall constitute the members of such corporation and shall elect three trustees who, together with the commanding officer, shall manage and administer the civil business of such corporation. The commanding officer shall be ex officio president, and the trustees shall elect one of their number vice-president, one treasurer, and one secretary.

(3) Each such organization may take, by purchase, devise, gift, or otherwise, and hold, so long as such organization is an existing organization and a part of the National Guard, any property, real or personal. All such property shall be in the custody and control of the trustees provided for in subsection (2) of this section. Such organizations may sell, exchange, or otherwise dispose of property so acquired.

(4) When any such organization is disbanded by proper authority, such corporation shall cease to exist, and all property belonging to it shall become the property of the state of Colorado and be devoted to such military uses as the adjutant general determines. Nothing in this section shall limit the authority vested in the officers of the organization by state or federal law.
C.R.S. § 28-3-504 — CO Code / Title 28 / Article 3 / Part 5 / Section 28-3-504
28-3-504. Exemption from traffic regulations
Status: in_force

28-3-504. Exemption from traffic regulations. The military forces of the United States and of the state and the adjutant general and general officers of such forces with official insignia displayed, while on any authorized duty, shall not be restricted by state or municipal traffic regulations and shall have the right-of-way on any street or highway through which they may pass against except carriers of the United States mail, fire engines, and police vehicles.
C.R.S. § 28-3-501 — CO Code / Title 28 / Article 3 / Part 5 / Section 28-3-501
28-3-501. Nonliability for official acts
Status: in_force

28-3-501. Nonliability for official acts. The commanding officer of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws shall exercise his or her discretion as to the propriety of firing upon or otherwise attacking any mob or other unlawful assembly; and, if he or she exercises his or her honest judgment thereon, he or she shall not be liable in either a civil or a criminal action for any act done while on such duty. No officer or enlisted person shall be held liable in either a civil or criminal action for any act done under lawful orders and in the performance of his or her duty.
C.R.S. § 28-3-313 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-313
28-3-313. Termination of commission - recall
Status: in_force

28-3-313. Termination of commission - recall. Commissions of National Guard officers shall be terminated as provided by federal law, but, in time of war or other declared emergency, any officer who reaches retirement age may, in the discretion of the commander in chief, on the recommendation of the adjutant general, be continued in the active service of the state defense force in his or her then grade and assignment for the duration of the war or emergency and for six months thereafter.
C.R.S. § 28-5-204 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-204
28-5-204. Guardian appointed when necessary
Status: in_force

28-5-204. Guardian appointed when necessary. When, pursuant to any law of the United States or regulation of the veterans administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this part 2.
C.R.S. § 28-3.1-301 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-301
28-3.1-301. General procedures
Status: in_force

28-3.1-301. General procedures. The procedure, including modes of proof, in cases before military courts and other military tribunals, may be prescribed by the governor by regulation and shall so far as practicable be the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of Colorado and in the trial of courts-martial of the United States, but such procedure may not be contrary to or inconsistent with this code.
C.R.S. § 28-3-105 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-105
28-3-105. Adjutant general - assistants
Status: in_force

28-3-105. Adjutant general - assistants. (1) There is an adjutant general of the state who is appointed by the governor, with the advice and consent of the senate, who must be a staff officer, who at the time of appointment must be a commissioned officer of the National Guard of this state with not fewer than ten years' military service in the armed forces of this state or of the United States, at least five of which have been commissioned service in the Colorado National Guard, and who has attained the grade of lieutenant colonel or a higher grade with federal recognition in such grade at least one year prior to the individual's appointment as adjutant general. The adjutant general serves at the pleasure of the governor. The adjutant general is a type 2 entity, as defined in section 24-1-105.

(2) The adjutant general shall be appointed to the rank of brigadier general or to such higher grade or rank as he or she may be federally recognized in.

(3) The adjutant general shall receive as compensation such salary as the governor by order may prescribe, but such salary shall not exceed the pay and allowances as provided by law for an officer of similar rank and length of service in the regular Army or regular Air Force of the United States.

(4) The adjutant general may appoint an assistant adjutant general for Army, an assistant adjutant general for air, and an assistant adjutant general for space. The adjutant general may appoint other assistant adjutant generals that may be authorized by the federal National Guard bureau or as authorized by the governor. In addition, the adjutant general may appoint any necessary administrative and clerical assistants.

(5) No adverse personnel action shall be taken against an officer or enlisted member of the military forces as a consequence of communicating with any member of the general assembly.
C.R.S. § 28-3.1-545 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-545
28-3.1-545. Burglary
Status: in_force

28-3.1-545. Burglary. Any person subject to this code who, with intent to commit an offense punishable under this part 5, breaks and enters the dwelling house of another is guilty of burglary and shall be punished as a court-martial directs.
C.R.S. § 28-3.1-108 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-108
28-3.1-108. Apprehension of deserters
Status: in_force

28-3.1-108. Apprehension of deserters. Any officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or the District of Columbia may summarily apprehend a deserter from the military forces. If the offender is apprehended outside the state of Colorado, his or her return to Colorado must be in accordance with normal extradition procedure or reciprocal agreement.
C.R.S. § 28-4-110 — CO Code / Title 28 / Article 4 / Section 28-4-110
28-4-110. Federal service
Status: in_force

28-4-110. Federal service. Nothing in this article shall be construed as authorizing such forces, or any part thereof, to be called, ordered, or in any manner drafted as such into the military service of the United States, but no person shall by reason of his or her enlistment or commission in any such forces be exempted from military service under any law of the United States.
C.R.S. § 28-3.1-536 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-536
28-3.1-536. Riot - breach of peace
Status: in_force

28-3.1-536. Riot - breach of peace. Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial directs.
C.R.S. § 28-3.1-607 — CO Code / Title 28 / Article 3.1 / Part 6 / Section 28-3.1-607
28-3.1-607. Delegation of authority by the governor
Status: in_force

28-3.1-607. Delegation of authority by the governor. The governor may delegate any authority vested in him or her under this code.
C.R.S. § 28-3-505 — CO Code / Title 28 / Article 3 / Part 5 / Section 28-3-505
28-3-505. Discrimination - public places and common carriers - penalty
Status: in_force

28-3-505. Discrimination - public places and common carriers - penalty. It is unlawful for any common carrier, innkeeper, proprietor, or lessee of any place of public amusement or entertainment or any agent, servant, or representative of any such common carrier, innkeeper, proprietor, or lessee as aforesaid to bar from the full and equal enjoyment of the accommodations, advantages, facilities, or privileges of any public conveyance or any inn or of any place of public amusement or entertainment any person in the service of the armed forces of the United States or of the National Guard, wearing the uniform prescribed for him or her at that time or place by law, regulation of the service, or custom, on account of his or her wearing such uniform or of his or her being in such service. Any person who is barred from such enjoyment contrary to the provisions contained in this section is entitled to recover in an action against any corporation, association, or person who commits such violation his or her actual damages and three hundred dollars in addition thereto and reasonable attorney fees and costs. Evidence that such person barred was at the time sober, orderly, and willing to pay for such enjoyment in accordance with rates affixed therefor for civilians shall be prima facie evidence that he or she was barred on account of his or her wearing such uniform or of his or her being in such service.
C.R.S. § 28-3.1-214 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-214
28-3.1-214. Charges and specifications
Status: in_force

28-3.1-214. Charges and specifications. (1) Charges and specifications shall be signed by an accuser subject to this code, under oath, before a commissioned officer of the state military force authorized to administer oaths and shall state:

(a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and

(b) That they are true in fact to the best of his or her knowledge and belief.

(2) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the accused shall be informed of the charges against him or her as soon as practicable.
C.R.S. § 28-3.1-602 — CO Code / Title 28 / Article 3.1 / Part 6 / Section 28-3.1-602
28-3.1-602. Authority to administer oaths
Status: in_force

28-3.1-602. Authority to administer oaths. (1) The following members of the military forces may administer oaths for the purposes of military justice, and affidavits may be taken for those purposes before such members or before persons having the general powers of a notary public:

(a) The state judge advocate general and all assistant state judge advocates;

(b) All summary courts-martial members;

(c) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;

(d) All commanding officers;

(e) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial;

(f) The president and counsel for the court of any court of inquiry;

(g) All officers designated to take a deposition;

(h) All persons detailed to conduct an investigation; and

(i) All other persons designated by regulations of the governor.

(2) Officers of the state military forces may not be authorized to administer oaths as provided in this section unless they are on duty in or with those forces under orders of the governor as prescribed in this code.

(3) The signature without seal of any person designated in this section, together with the title of his or her office, is prima facie evidence of his or her authority.
C.R.S. § 28-3.1-303 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-303
28-3.1-303. Duties of trial counsel and defense counsel
Status: in_force

28-3.1-303. Duties of trial counsel and defense counsel. (1) The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of proceedings.

(2) The accused has the right to be represented in his or her defense before a general or special court-martial by civilian counsel if provided by him or her, or by military counsel of his or her own selection if reasonably available, or by the defense counsel detailed under section 28-3.1-211. If the accused has counsel of his or her own selection, the defense counsel and assistant defense counsel, if any, who were detailed shall, if the accused so desires, act as his or her associate counsel; otherwise they shall be excused by the military judge.

(3) In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of the matters he or she feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he or she considers appropriate.

(4) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by section 28-3.1-211, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

(5) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by section 28-3.1-211, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
C.R.S. § 28-5-503 — CO Code / Title 28 / Article 5 / Part 5 / Section 28-5-503
28-5-503. Headstone to mark graves
Status: in_force

28-5-503. Headstone to mark graves. The county commissioners shall also see that headstones furnished by the veterans administration or furnished on behalf of the veterans described in section 28-5-502 shall be set at the expense of the county. Each county, by resolution of its board of county commissioners, shall establish the maximum expense to the county for setting such headstones.
C.R.S. § 28-3.1-104 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-104
28-3.1-104. Jurisdiction to try certain personnel
Status: in_force

28-3.1-104. Jurisdiction to try certain personnel. (1) Any person discharged from the military forces who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial on that charge and, after apprehension, shall be subject to this code while in the custody of the military for that trial. Upon conviction of that charge, he or she is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

(2) No person who has deserted from the military forces may be relieved from the jurisdiction of this code by virtue of a separation from any later period of service.

(3) The fact that the enlistment of any person charged with an offense under this code expires while proceedings are pending or while serving a sentence shall not affect the jurisdiction of any court-martial.

(4) Nothing in this code shall preclude applicable federal or state jurisdiction over offenses committed.
C.R.S. § 28-3.1-520 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-520
28-3.1-520. Unlawful release of prisoners
Status: in_force

28-3.1-520. Unlawful release of prisoners. Any person subject to this code who, without proper authority, releases any prisoner committed to his or her charge or who, through neglect or design, suffers any such prisoner to escape shall be punished as a court-martial directs, whether or not the prisoner was committed in strict compliance with law.
C.R.S. § 28-3.1-513 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-513
28-3.1-513. Disrespect toward superior commissioned officer
Status: in_force

28-3.1-513. Disrespect toward superior commissioned officer. Any person subject to this code who behaves with disrespect toward his or her superior commissioned officers shall be punished as a court-martial directs.
C.R.S. § 28-1-105 — CO Code / Title 28 / Article 1 / Section 28-1-105
28-1-105. Private employees - leave of absence
Status: in_force

28-1-105. Private employees - leave of absence. (1) Any member who is employed by a private employer and who is called to duty for a civil air patrol mission is entitled to a leave of absence from the member's private employment, other than employment of a temporary nature, for the time when the member is engaged in the civil air patrol mission. The leave allowed pursuant to this section shall not exceed a total of fifteen workdays in any calendar year, and the leave shall be allowed only if the member gives evidence to the employer of the satisfactory completion of the civil air patrol service.

(2) The period of absence allowed pursuant to this section shall be construed as an absence with leave and without pay and shall in no way affect the member's rights to vacation, sick leave, bonus, advancement, or other employment benefits or advantages relating to and normally to be expected for the member's particular employment.

(3) The leave allowed pursuant to subsection (1) of this section shall be allowed only if the member returns to his or her private employment as soon as practicable after being relieved from service for the civil air patrol mission.

(4) The private employer of a member who takes leave from the member's employment in order to engage in a civil air patrol mission shall, upon the member's completion of the mission, restore the member to the position the member held prior to the leave of absence or to a similar position.
C.R.S. § 28-3-602 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-602
28-3-602. Public employees - extended military leave
Status: in_force

28-3-602. Public employees - extended military leave. An officer or employee who is taking a leave of absence described in section 28-3-601 (1) is entitled to use any paid leave available to the officer or employee or to use unpaid leave. If an officer or employee uses paid leave and is required by proper authority to continue in military service beyond the time for which the officer or employee has available paid leave, the officer or employee is entitled to leave of absence from the officer's or employee's public office or employment without pay for all additional service with right of reinstatement thereafter upon the same conditions as provided in section 28-3-604 for reinstatement after active service in time of war or other emergency.
C.R.S. § 28-3.1-302 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-302
28-3.1-302. Unlawfully influencing action of court
Status: in_force

28-3.1-302. Unlawfully influencing action of court. (1) No authority convening a general, special, or summary court-martial, nor any other commanding officer or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of their functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to his or her judicial acts. The provisions of this subsection (1) shall not apply to general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or to statements and instructions given in open court by the military judge or counsel.

(2) In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces should be retained on duty, no person subject to this code may, in preparing any such report:

(a) Consider or evaluate the performance of duty of any such member as a member, military judge, or trial counsel of a court-martial; except that this paragraph (a) is not applicable to evaluations made by the state judge advocate of the performance of personnel under his or her supervision;

(b) Give a less favorable rating or evaluation of any member of the military forces because of the zeal with which such member as counsel represented any accused before a court-martial.
C.R.S. § 28-5-803 — CO Code / Title 28 / Article 5 / Part 8 / Section 28-5-803
28-5-803. Duties
Status: in_force

28-5-803. Duties. A county veterans service officer shall assist any resident of the state of Colorado who is a veteran, or the surviving spouse, administrator, executor, guardian, conservator, or heir of any veteran, or any other person who may have proper claim, by the filing of claims for insurance, pensions, compensation for disability, hospitalization, vocational training, or any other benefits that the person may be or may have been entitled to receive under the laws of the United States or the state of Colorado by reason of service.
C.R.S. § 28-5-219 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-219
28-5-219. Record not construed as legal adjudication
Status: in_force

28-5-219. Record not construed as legal adjudication. Neither the fact that a person has been rated incompetent by the veterans administration nor the fact that a guardian has been appointed for a person under the provisions of this part 2 shall be construed as a legal adjudication of insanity or mental incompetency, unless such person also is or has been adjudicated insane or mentally incompetent by a state court of competent jurisdiction.
C.R.S. § 28-3-1302 — CO Code / Title 28 / Article 3 / Part 13 / Section 28-3-1302
28-3-1302. Commander in chief - order for plan
Status: in_force

28-3-1302. Commander in chief - order for plan. The governor, as commander in chief, shall order the adjutant general of the National Guard to prepare, in cooperation with the Colorado bureau of investigation, a drug interdiction and enforcement plan for submission to the secretary of defense of the United States.
C.R.S. § 28-3.1-603 — CO Code / Title 28 / Article 3.1 / Part 6 / Section 28-3.1-603
28-3.1-603. Sections to be explained
Status: in_force

28-3.1-603. Sections to be explained. Sections of this code shall be carefully explained to every person at the time of his or her enlistment, appointment, transfer, or induction into or at the time of his or her order to duty in or with any of the state military forces or within ninety days thereafter. A complete text of this code and of the regulations prescribed by the governor thereunder shall be made available to any member of the state military forces, upon his or her request, for his or her personal examination. The requirements of this section are binding on all persons administering this code, but failure to follow them shall not divest a military court of jurisdiction.
C.R.S. § 28-5-712 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-712
28-5-712. Veterans assistance grant program - created - rules - fund - repeal
Status: repealed

28-5-712. Veterans assistance grant program - created - rules - fund - repeal. (1) There is hereby created in the division of veterans affairs the veterans assistance grant program, referred to in this section as the "program", to provide moneys to nonprofit organizations and governmental agencies that provide services to ensure the health and well-being of veterans of the United States armed forces who live in Colorado, including but not limited to:

(a) Mental health services;

(b) Family counseling services;

(c) Job training;

(d) Employment; and

(e) Housing for homeless veterans.

(2) The adjutant general, in consultation with the board of veterans affairs created in section 28-5-702, shall adopt rules for the administration of the program, including, but not limited to:

(a) Criteria for determining which nonprofit organizations and governmental agencies are eligible to receive money from the program;

(b) Procedures by which eligible nonprofit organizations and governmental agencies may apply for and receive money from the program; and

(c) Criteria and procedures for identifying, consistent with federal department of veterans affairs' guidelines and state needs, underserved veteran populations, including women veterans, with the intent to prioritize allocating program money to improve access to services for underserved veterans.

(3) (a) There is hereby created the veterans assistance grant program cash fund, referred to in this section as the "fund", which shall consist of:

(I) Moneys received by the division as gifts, grants, or donations pursuant to paragraph (d) of this subsection (3); and

(II) Such moneys as are appropriated to the fund by the general assembly.

(b) The money in the fund is subject to annual appropriation to the division by the general assembly for the direct and indirect costs associated with implementing the program. The state treasurer may invest any money in the fund not expended for the purposes of this section as provided by law. The state treasurer shall credit any interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money in the fund at the end of a fiscal year remains in the fund and shall not be credited to any other fund; except that the state treasurer shall transfer all unexpended and unencumbered money in the fund on August 31, 2031, to the general fund.

(c) The division may expend not more than five percent of the moneys annually appropriated to the fund to pay the administrative expenses incurred by the division in administering the program.

(d) The division is authorized to accept gifts, grants, and donations for the purposes described in this section. The division shall transfer each such gift, grant, and donation to the state treasurer, who shall credit the same to the fund.

(e) Notwithstanding subsection (2)(b) of this section, on June 30, 2020, the state treasurer shall transfer one million dollars from the fund to the general fund.

(4) In its annual report before the house and senate committees of reference pursuant to section 2-7-203, the department of military and veterans affairs shall include:

(a) Information describing the grants awarded through the program during the preceding year; and

(b) The criteria used to identify underserved veteran populations and whether and how program money was allocated to meet the needs of underserved veterans.

(5) This section is repealed, effective September 1, 2031. Before its repeal, the department of regulatory agencies shall review the program as described in section 24-34-104.
C.R.S. § 28-3.1-407 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-407
28-3.1-407. Initial action on the record
Status: in_force

28-3.1-407. Initial action on the record. After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or the governor. The reviewer may approve the sentence or such part, amount, or commuted form of the sentence as he or she sees fit and may suspend or defer the execution of the sentence.
C.R.S. § 28-3-308 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-308
28-3-308. Resignation of officers
Status: in_force

28-3-308. Resignation of officers. Commissioned officers and warrant officers may resign in such manner and under such circumstances as may be provided by federal laws or regulations.
C.R.S. § 28-3-403 — CO Code / Title 28 / Article 3 / Part 4 / Section 28-3-403
28-3-403. Group enlistments barred - when
Status: in_force

28-3-403. Group enlistments barred - when. No civil association, society, club, post, order, fraternity, brotherhood, union, league, or other organized body shall be enlisted in the military forces as a unit.
C.R.S. § 28-3-701 — CO Code / Title 28 / Article 3 / Part 7 / Section 28-3-701
28-3-701. Misuse of property and funds by military personnel - penalty
Status: in_force

28-3-701. Misuse of property and funds by military personnel - penalty. Any officer or enlisted person who refuses to account for and to surrender up any moneys or any uniforms or equipment or other military property for which he or she is responsible or accountable, or who appropriates the same to his or her own use, or who knowingly makes a false payroll or signs a false certificate which is the basis for the payment of moneys under this article, or who aids or abets another in any of these acts commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
C.R.S. § 28-3.1-106 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-106
28-3.1-106. State judge advocate general and judge advocates
Status: in_force

28-3.1-106. State judge advocate general and judge advocates. (1) The adjutant general shall select and appoint an officer of the military forces as state judge advocate general. To be eligible for such appointment, an officer must be a member of the bar of the state of Colorado for at least five years and must meet the additional requirements for appointment to the state staff as set forth in section 28-3-302.

(2) The adjutant general may appoint as many assistant state judge advocates as he or she considers necessary. To be eligible for appointment, assistant state judge advocates must be officers of the state military forces and members in good standing of the bar of the state of Colorado.

(3) Convening authorities shall at all times communicate directly with their staff judge advocates in matters relating to the administration of military justice. The staff judge advocate of any command is entitled to communicate directly with the staff judge advocate of a superior or subordinate command or with the state judge advocate general.

(4) No person who has acted as a member military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, or investigating officer in any case or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate to any reviewing authority upon the same case.
C.R.S. § 28-3.1-101 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-101
28-3.1-101. Short title
Status: in_force

28-3.1-101. Short title. This article shall be known and may be cited as the "Colorado Code of Military Justice".
C.R.S. § 28-3.1-401 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-401
28-3.1-401. Cruel and unusual punishments prohibited
Status: in_force

28-3.1-401. Cruel and unusual punishments prohibited. Cruel and unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code.
C.R.S. § 28-3.1-416 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-416
28-3.1-416. Petition for a new trial
Status: in_force

28-3.1-416. Petition for a new trial. At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the governor for a new trial on grounds of newly discovered evidence or fraud on the court-martial.
C.R.S. § 28-3-605 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-605
28-3-605. Public officer - certificate for reinstatement
Status: in_force

28-3-605. Public officer - certificate for reinstatement. Any public officer elected or appointed for a definite term who, before the expiration of such term, returns from military service under leave of absence without pay, in lieu of making written application for reinstatement as provided in section 28-3-604, shall file in the same office where his or her official oath is filed, within forty-five days after termination of such military service, a verified certificate that he or she has complied with the conditions for reinstatement prescribed in section 28-3-604, and he or she shall thereupon be deemed to have resumed his or her office.
C.R.S. § 28-3.1-522 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-522
28-3.1-522. Noncompliance with procedural rules
Status: in_force

28-3.1-522. Noncompliance with procedural rules. Any person subject to this code who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code or knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused shall be punished as a court-martial directs.
C.R.S. § 28-3-611 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-611
28-3-611. Employer's noncompliance - actions
Status: in_force

28-3-611. Employer's noncompliance - actions. Any employer violating any of the provisions of this part 6 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars. In addition, the employee may bring an action at law for damages and reasonable attorney fees for such noncompliance or apply to the district court for such equitable relief and reasonable attorney fees as are just and proper under the circumstances.
C.R.S. § 28-3-202 — CO Code / Title 28 / Article 3 / Part 2 / Section 28-3-202
28-3-202. Organization of inactive guard
Status: in_force

28-3-202. Organization of inactive guard. The inactive National Guard shall be organized and maintained under such rules and regulations as may be prescribed in accordance with federal law.
C.R.S. § 28-1-102 — CO Code / Title 28 / Article 1 / Section 28-1-102
28-1-102. Definitions
Status: in_force

28-1-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Civil air patrol mission" means an actual emergency operational mission of the Colorado wing of civil air patrol that has been duly authorized under civil air patrol regulations, including, but not limited to, through the United States Air Force, the governor's office, or other political subdivision of the state that has the authority to authorize an emergency operational mission of the Colorado wing of the civil air patrol.

(2) "Member" means a member of the civil air patrol, Colorado wing.

(3) "Private employer" means an employer that is not the state or any political subdivision, municipal corporation, or other public agency of the state.
C.R.S. § 28-3-407 — CO Code / Title 28 / Article 3 / Part 4 / Section 28-3-407
28-3-407. Retired noncommissioned officers - limited assignments
Status: in_force

28-3-407. Retired noncommissioned officers - limited assignments. The commander in chief may assign noncommissioned officers on the retired list to state active duty in recruiting, to serve upon courts-martial, courts of inquiry and board, to staff duty not involving service with troops, to be in charge of a military reservation left temporarily without officers, or to such other duties as the adjutant general may designate. Such noncommissioned officers while so assigned shall receive the full pay and allowances of their grades at time of retirement or may serve in a volunteer unpaid status.
C.R.S. § 28-3.1-201 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-201
28-3.1-201. Courts-martial - jurisdiction - composition
Status: in_force

28-3.1-201. Courts-martial - jurisdiction - composition. (1) In the military forces general, special, and summary courts-martial shall be constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except as to punishment, of a similar court of the armed forces of the United States and shall follow the forms and procedures provided by those courts.

(2) The three kinds of courts-martial are:

(a) General courts-martial, consisting of a military judge and not less than five members, or consisting of only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves;

(b) Special courts-martial, consisting of a military judge and not less than three members, or consisting of only a military judge if the accused so requests under the same conditions as those prescribed in paragraph (a) of this subsection (2);

(c) Summary courts-martial, consisting of one commissioned officer.
C.R.S. § 28-3-1407 — CO Code / Title 28 / Article 3 / Part 14 / Section 28-3-1407
28-3-1407. Duty to furnish orders
Status: in_force

28-3-1407. Duty to furnish orders. Before a person shall be entitled to any stay pursuant to this part 14, that person shall furnish to the court and to any other affected parties a copy of the person's orders, together with a written statement from the adjutant general of the state of Colorado, that the person has served continuously on state orders for the period commencing with the date of the orders through the date of the statement. The court or other affected parties may require the person to furnish a recertification every thirty days thereafter, which shall be furnished to the person by the adjutant general upon request.
C.R.S. § 28-3.1-411 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-411
28-3.1-411. Review of records - disposition
Status: in_force

28-3.1-411. Review of records - disposition. (1) If the convening authority is the governor, he or she shall refer the record of courts-martial to the state judge advocate general who shall submit his or her written opinion to the governor. If the final action of the court has resulted in acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction. After consideration of the opinion, the governor's action on review of any record is final.

(2) (a) Except as provided in subsection (1) of this section, the convening authority shall refer the record of a general court-martial to the staff judge advocate designated by the state judge advocate general who shall submit his or her written opinion to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction. When the convening authority has taken final action, he or she shall forward the entire record, including his or her action thereon and the opinion of the staff judge advocate, to the state judge advocate general for review.

(b) In a case reviewable by the state judge advocate general under this section, the staff judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He or she may affirm only the findings of guilty and the sentence or part or amount of the sentence which he or she finds correct in law and fact and determined on the basis of the entire record. In considering the record, he or she may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the staff judge advocate sets aside the findings and sentence, he or she may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he or she sets aside the findings and sentence and does not order a rehearing, he or she shall order that the charges be dismissed.

(c) The state judge advocate general shall instruct the convening authority to act in accordance with his or her decision on the review. If he or she has ordered a rehearing, but the convening authority finds a rehearing impracticable, he or she may dismiss the charges.

(3) Except as provided in subsection (1) of this section, the convening authority of any summary or special court-martial, after taking final action on review, shall forward the entire record, including his or her action thereon, to the staff judge advocate designated by the state judge advocate general. With respect to such record, the staff judge advocate shall have the same duties and powers as provided for the state judge advocate general in paragraphs (b) and (c) of subsection (2) of this section.

(4) The state judge advocate general may order one or more boards of review, each composed of not less than three commissioned officers of the state military forces, or retired members of the military forces, or members of the United States Air Forces or United States Army reserve, each of whom must be a member of the bar of this state. Each board of review shall review the record of any trial by special court-martial referred to it by the state judge advocate general. Boards of review shall have the same authority on review as the state judge advocate general has under subsection (2) of this section.
C.R.S. § 28-3-104 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-104
28-3-104. Commander in chief - staff
Status: in_force

28-3-104. Commander in chief - staff. The governor shall be the commander in chief of the military forces except so much thereof as may be in the actual service of the United States and may employ the same for the defense or relief of the state, the enforcement of its laws, the protection of life and property therein, and the implementation of the Emergency Management Assistance Compact; for service in a national special security event or in situations involving imminent danger of emergency or disaster; and for the training of the military forces for all appropriate state missions. He or she shall make and publish regulations not inconsistent with law and enforce the provisions of this article. He or she may appoint a staff, consisting of an adjutant general as chief of staff and such other officers as he or she deems necessary if all such officers are federally recognized officers in their respective ranks in the National Guard of the state.
C.R.S. § 28-5-401 — CO Code / Title 28 / Article 5 / Part 4 / Section 28-5-401
28-5-401. Loans to minor veterans
Status: in_force

28-5-401. Loans to minor veterans. (1) The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the "Servicemen's Readjustment Act of 1944", as amended, and of the minor spouse of any eligible veteran, irrespective of his or her age, in connection with any transaction entered into pursuant to said act, as amended, is removed for all purposes in connection with such transaction, including, but not limited to, incurring of indebtedness or obligations, and acquiring, encumbering, selling, releasing, or conveying real or personal property or any interest therein, and litigating or settling controversies arising therefrom if all or a part of any obligations incident to such transaction is guaranteed or insured by the administrator of veterans affairs pursuant to such act. This section shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were under no such disability.

(2) A certificate purporting to have been signed by the administrator of veterans affairs or his or her duly authorized representative stating that all or a part of any obligations incident to such transaction is guaranteed or insured by the administrator, when recorded in the proper county, shall be prima facie evidence of such action by the administrator and shall prima facie be deemed to have been signed and issued by the administrator or his or her representative pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his or her authority.

(3) Notwithstanding any contrary provisions of law, such veteran or the minor spouse of such veteran shall not, because of his or her age, avoid such contract, conveyance, obligation, or other transaction entered into pursuant to this section, nor shall such veteran, or the minor spouse of such veteran hereafter urge the fact or interpose the defense that he or she is or was a minor in any action arising out of any loan, conveyance, encumbrance, or other transaction made pursuant to this section.
C.R.S. § 28-4-112 — CO Code / Title 28 / Article 4 / Section 28-4-112
28-4-112. Citizenship a qualification
Status: in_force

28-4-112. Citizenship a qualification. No person shall be commissioned or enlisted in such forces who is not a citizen of the United States.
C.R.S. § 28-5-203 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-203
28-5-203. Administrator as party in interest
Status: in_force

28-5-203. Administrator as party in interest. The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits paid by the veterans administration. Not less than fifteen days prior to hearing in such matter, notice in writing of the time and place thereof shall be given by mail, unless waived in writing, to the office of the veterans administration having jurisdiction over the area in which any such suit or any such proceeding is pending.