C.R.S. § 28-3.1-604 — CO Code / Title 28 / Article 3.1 / Part 6 / Section 28-3.1-604
28-3.1-604. Complaints of wrongs
Status: in_force

28-3.1-604. Complaints of wrongs. Any member of the state military forces who believes himself or herself wronged by a commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall forward the complaint to the officer exercising general court-martial jurisdiction over the officer against whom it is made. The officer exercising general court-martial jurisdiction shall examine into the complaint and take proper measures for redressing the wrong complained of, and shall, as soon as possible, send to the adjutant general a true statement of that complaint, with the proceedings had thereon.
C.R.S. § 28-3.1-210 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-210
28-3.1-210. Military judge of a general or special court-martial
Status: in_force

28-3.1-210. Military judge of a general or special court-martial. (1) (a) The authority convening a general or special court-martial shall request the state judge advocate general to detail as military judge thereof a commissioned officer who is a member in good standing of the bar of this state. No person is eligible to act as military judge in a case if he or she is the accuser or witness for the prosecution or has acted as investigating officer or as counsel in the same case.

(b) A military judge may be detailed to a court-martial irrespective of military branch when permitted by the state judge advocate.

(2) The military judge may not consult with the members of the court except in the presence of the accused, trial counsel, and defense counsel, nor may he or she vote with the members of the court.
C.R.S. § 28-3-301 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-301
28-3-301. State staff - number and grades
Status: in_force

28-3-301. State staff - number and grades. The state headquarters shall contain a staff and detachment and shall be divided into a department of the Army and a department of the Air Force. Each department shall be commanded by an officer of the Colorado National Guard. Said officer may be appointed by the governor to the rank of brigadier general or to such higher rank in which he or she may be federally recognized. The number and grades of all other officers and enlisted men and women in the state staff and detachment shall be as prescribed by federal or state law, but, in case of war, invasion, insurrection, riot, or imminent danger of any such emergency, the governor may temporarily increase such forces to meet such emergency, and retired officers who are physically qualified may be assigned to such duty.
C.R.S. § 28-3.1-217 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-217
28-3.1-217. Forwarding of charges
Status: in_force

28-3.1-217. Forwarding of charges. When a person is held for trial by general court-martial, the commanding officer shall, within eight days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, the commanding officer shall report in writing to that officer the reasons for delay.
C.R.S. § 28-3.1-550 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-550
28-3.1-550. Controlled substances - wrongful use - possession - transfer
Status: in_force

28-3.1-550. Controlled substances - wrongful use - possession - transfer. (1) Any person subject to this code who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces of the United States or of the military forces of any state a substance described in subsection (2) of this section must be punished as a court-martial may direct.

(2) The substances referred to in subsection (1) of this section are the following:

(a) Opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, methamphetamine, phencyclidine, barbituric acid, and marijuana and any compound or derivative of any such substance;

(b) Any substance not specified in subsection (2)(a) of this section that is listed on a schedule of controlled substances prescribed by the president of the United States for the purposes of the federal "Uniform Code of Military Justice", 10 U.S.C. sec. 801 et seq., as amended; and

(c) Any other substance that is listed in schedules I through V of article 202 of the federal "Controlled Substances Act", 21 U.S.C. sec. 812, as amended.
C.R.S. § 28-3.1-417 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-417
28-3.1-417. Remission and suspension
Status: in_force

28-3.1-417. Remission and suspension. (1) A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.

(2) The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
C.R.S. § 28-3.1-207 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-207
28-3.1-207. Who may convene special courts-martial
Status: in_force

28-3.1-207. Who may convene special courts-martial. The commanding officer of a garrison, fort, post, camp, air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or any group of detached units placed under a command for this purpose may convene special courts-martial. In the Colorado Army National Guard, special courts-martial convening authorities include any officer with the grade of O-6 or rank of colonel serving as the commander of a major subordinate command. In the Colorado Air National Guard, special courts-martial convening authorities include group commanders. Special courts-martial may also be convened by superior authority. When any such commanding officer is an accuser, the court shall be convened by superior authority.
C.R.S. § 28-5-222 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-222
28-5-222. Repeal and modification of prior laws
Status: in_force

28-5-222. Repeal and modification of prior laws. Except where inconsistent with this part 2, the laws of this state relating to guardian and ward and the judicial practice relating thereto shall be applicable to such beneficiaries and their estates.
C.R.S. § 28-3.1-537 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-537
28-3.1-537. Provoking or reproachful words
Status: in_force

28-3.1-537. Provoking or reproachful words. Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial directs.
C.R.S. § 28-4-105 — CO Code / Title 28 / Article 4 / Section 28-4-105
28-4-105. Organization - rules and regulations
Status: in_force

28-4-105. Organization - rules and regulations. The governor is authorized to prescribe the strength, branch of service, and rules and regulations not inconsistent with the provisions of this article governing the enlistment age of members of the force and governing the organization, physical requirements, administration, equipment, maintenance, training, and discipline of such force. Such rules and regulations, insofar as he or she deems practicable and desirable, shall conform to the existing law governing and pertaining to the National Guard and the rules and regulations promulgated thereunder and shall prohibit the acceptance of gifts, donations, gratuities, or anything of value by any member of such force from any individual, firm, association, or corporation by reason of his or her membership; except that it is permissible for common carriers, such as airlines, railroads and bus lines, to carry members of such force without charge or at a reduced rate. The Colorado state defense force shall be commanded by the senior officer holding a state commission in the Colorado state defense force. He or she shall be designated by the adjutant general as the commanding officer of the Colorado state defense force. All the rights, powers, privileges, benefits, and emoluments created or existing by virtue of state laws, customs, or regulations heretofore had or enjoyed by the members of the Colorado National Guard shall be conferred upon and vested in the members of the Colorado state defense force. All the duties and responsibilities imposed upon and demanded of the members of the Colorado National Guard by the state laws, customs, or regulations are imposed upon and may be demanded of the members of the Colorado state defense force.
C.R.S. § 28-3.1-306 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-306
28-3.1-306. Challenges
Status: in_force

28-3.1-306. Challenges. (1) The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The court shall determine the relevancy and validity of challenges for cause and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered.

(2) Both the accused and the trial counsel are entitled to one preemptory challenge, but the military judge may not be challenged except for cause.
C.R.S. § 28-3.1-540 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-540
28-3.1-540. Forgery
Status: in_force

28-3.1-540. Forgery. Any person subject to this code who, with intent to defraud, falsely makes or alters any signature to any writing or any part thereof which would, if genuine, apparently impose a legal liability on another or change his or her legal right or liability to his or her prejudice or utters, offers, issues, or transfers such a writing, known to him or her to be so made or altered, is guilty of forgery and shall be punished as a court-martial may direct.
C.R.S. § 28-3-1501 — CO Code / Title 28 / Article 3 / Part 15 / Section 28-3-1501
28-3-1501. Legislative declaration
Status: in_force

28-3-1501. Legislative declaration. The general assembly hereby finds and declares that, due to the many mobilizations subsequent to the September 11, 2001, terrorist attacks, many families of Colorado National Guard members and reservists face financial hardships when the National Guard member or reservist is called to active military duty or state active duty because the military pay of a soldier is often far less than his or her civilian salary. Because private companies often do not make up the difference in salary, military families may see a significant drop in household income while a family member is away on active military duty or state active duty. In addition, active duty military personnel and their families encounter additional hardships when the active duty member is deployed to zones in which he or she will encounter hostile fire. Many families of Colorado National Guard members, reservists, and active duty military personnel also face additional expenses caused by a long family separation. The general assembly further finds and declares that grants from the military family relief fund are intended to help families defray the costs of food, housing, utilities, medical services, and other expenses that may be difficult to afford when a family member leaves civilian employment for active military duty, is on active military duty in a hostile fire zone, or is called to state active duty by executive order of the governor.
C.R.S. § 28-3-502 — CO Code / Title 28 / Article 3 / Part 5 / Section 28-3-502
28-3-502. Actions against military personnel - defense counsel
Status: in_force

28-3-502. Actions against military personnel - defense counsel. If a suit or proceeding is commenced in any court by any person against any officer of the military forces for any act done by such officer in his or her official capacity in the discharge of any duty under this article, or against any enlisted person acting under the authority or order of any such officer, or by virtue of any warrant issued by him or her pursuant to law, it is the duty of the governor, upon the recommendation of the attorney general, to appoint counsel to defend such person. The cost and expenses of any such defense shall be paid out of the military fund.
C.R.S. § 28-3-507 — CO Code / Title 28 / Article 3 / Part 5 / Section 28-3-507
28-3-507. Interference with duty - arrest - penalty
Status: in_force

28-3-507. Interference with duty - arrest - penalty. Any person who obstructs or interferes with a member of the National Guard in the performance of his or her duty may be placed under guard by the officer in command. As soon as possible, such officer shall either release such person or turn him or her over to any peace officer of the city or place where such duty is being performed, and such peace officer shall thereupon deliver such offender for examination and trial before any court having jurisdiction. Any person violating the provisions of this section commits a class 2 misdemeanor.
C.R.S. § 28-3.1-113 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-113
28-3.1-113. Delivery of offenders to civil authorities
Status: in_force

28-3.1-113. Delivery of offenders to civil authorities. (1) Under such regulations as are prescribed under this code, a person subject to this code who is on state active duty who is accused of any offense against civil authority may be delivered, upon request, to the civil authority for trial.

(2) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial and the delivery interrupts the execution of the sentence of the court-martial, the offender after having answered to the civil authorities for his or her offense shall, upon the request of competent military authority, be returned to military custody for the completion of his or her sentence.
C.R.S. § 28-3.1-421 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-421
28-3.1-421. Appeal by the state
Status: in_force

28-3.1-421. Appeal by the state. (1) In a trial by court-martial or in a trial by military judge only pursuant to section 28-3.1-316 (4) in which a punitive discharge may be adjudged, the state may not appeal a finding of not guilty with respect to the charge or specification. In a trial by court-martial in which a punitive discharge may be adjudged, the state may appeal the following:

(a) An order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;

(b) An order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;

(c) An order or ruling that directs the disclosure of classified information;

(d) An order or ruling that imposes sanctions for nondisclosure of classified information;

(e) A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or

(f) A refusal by the military judge to enforce an order described in subsection (1)(e) of this section that has previously been issued by the appropriate authority.

(2) An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two hours of the order or ruling. Such notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one that excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.

(3) An appeal under this article 3.1 must be diligently prosecuted as provided by law.

(4) An appeal under this article 3.1 must be forwarded to the court prescribed in this code. In ruling on an appeal under this article 3.1, that court may act only with respect to matters of law.

(5) Any period of delay resulting from an appeal under this article 3.1 must be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
C.R.S. § 28-3.1-319 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-319
28-3.1-319. Record of trial
Status: in_force

28-3.1-319. Record of trial. General and special courts-martial shall keep a verbatim record of the trial of each case. Upon a request of the accused, a reviewing authority, or the state judge advocate general, the record shall be transcribed and authenticated by the president or the military judge. If the record cannot be authenticated by either the president or the military judge by reason of his or her death, disability, or absence, it shall be authenticated by two members of the court. In all other courts-martial, records of trial shall contain such matter and be authenticated in such manner as the governor prescribes by regulation.
C.R.S. § 28-3.1-510 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-510
28-3.1-510. Absence without leave
Status: in_force

28-3.1-510. Absence without leave. (1) Any person subject to this code shall be punished as a court-martial directs when he or she, without authority:

(a) Fails to go to his or her appointed place of duty at the time prescribed;

(b) Goes from that place; or

(c) Absents himself or herself or remains absent from his or her unit, organization, or place of duty at which he or she is required to be at the time prescribed.
C.R.S. § 28-3.1-525 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-525
28-3.1-525. Improper use of countersign
Status: in_force

28-3.1-525. Improper use of countersign. Any person subject to this code who discloses the parole or countersign to any person not entitled to receive it, or who gives to another who is entitled to receive and use the parole or countersign a different parole or countersign from that which, to his or her knowledge, he or she was authorized and required to give, shall be punished by confinement of not more than ten years or such other punishment as a court-martial directs.
C.R.S. § 28-3-406 — CO Code / Title 28 / Article 3 / Part 4 / Section 28-3-406
28-3-406. Exemption from arrest or civil process
Status: in_force

28-3-406. Exemption from arrest or civil process. No member of the National Guard shall be arrested or served with any summons, order, warrant, or other civil process after having been ordered to any duty or while going to, attending, or returning from any place to which he or she is required to go for military duty; but nothing in this article shall prevent his or her arrest by order of a military officer or for a crime committed while not in actual performance of his or her duty. The articles of military equipment personally owned by such members shall be exempt from seizure or sale for debt pursuant to section 13-54-102, C.R.S.
C.R.S. § 28-3-1503 — CO Code / Title 28 / Article 3 / Part 15 / Section 28-3-1503
28-3-1503. Administration of moneys
Status: in_force

28-3-1503. Administration of moneys. (1) (a) The Colorado National Guard foundation shall make grants from the fund to members of the Colorado National Guard or reservists, to active duty military personnel stationed in Colorado, or to the families of members of the Colorado National Guard or reservists or active duty military personnel stationed in Colorado subject to the provisions of this section.

(b) The Colorado National Guard foundation, in cooperation with the department, shall develop criteria for awarding the grants to members of the Colorado National Guard and reservists, subject to the provisions of subsection (2) of this section.

(c) The Air Force aid society and Army emergency relief shall work in cooperation to develop criteria for awarding the grants to active duty military personnel, subject to the provisions of subsection (2.5) of this section.

(2) A member of the Colorado National Guard or a reservist shall meet the following requirements to be eligible to receive a grant from the fund:

(a) The National Guard member or reservist is currently on active military duty for a minimum of thirty days on mobilization orders pursuant to title 10 of the United States Code or is called to state active duty by executive order of the governor.

(b) (Deleted by amendment, L. 2007, p. 2083, § 1, effective June 4, 2007.)

(c) The National Guard member or reservist or the family of the National Guard member or reservist applies for a grant as required by the Colorado National Guard foundation.

(d) The National Guard member or reservist is a Colorado resident as evidenced by a Colorado income tax return for the then current or previous fiscal year on which the National Guard member or reservist filed as a Colorado resident.

(2.5) Any active duty military member stationed in Colorado shall meet the following requirements to be eligible to receive a grant from the fund:

(a) The active duty military member has been deployed overseas and is in receipt of hostile fire pay or the equivalent.

(b) (Deleted by amendment, L. 2007, p. 2083, § 1, effective June 4, 2007.)

(c) The active duty military member or the family of the active duty military member applies for a grant as required by the Colorado National Guard foundation.

(d) The active duty military member is stationed in Colorado as verified by his or her commanding officer.

(e) The active duty military member is a Colorado resident for income tax purposes.

(3) (a) Each National Guard member or reservist or the family of a National Guard member or reservist may apply to the Colorado National Guard foundation for one grant per set of mobilization orders or per executive order. Subject to the provisions of paragraph (c) of this subsection (3), if the foundation determines that the National Guard member or reservist or the family of a National Guard member or reservist is eligible to receive a grant pursuant to this section, the foundation shall issue the grant.

(b) Each active duty military member or the family of an active duty military member may apply to the Air Force aid society or Army emergency relief, as appropriate, for one grant per deployment to a zone in which the active duty military member qualifies to receive hostile fire pay or the equivalent. If the Air Force aid society or Army emergency relief determines that the active duty military member or the family of an active duty military member is eligible to receive a grant pursuant to this section, the Air Force aid society or Army emergency relief shall notify the Colorado National Guard foundation, in writing, of the active duty military member or family member that is eligible to receive a grant. Subject to the provisions of paragraph (c) of this subsection (3), upon receipt of such notification, the foundation shall issue the grant.

(c) The Colorado National Guard foundation shall award grants in accordance with the criteria developed for awarding grants pursuant to subsection (1) of this section. In awarding the grants, the foundation shall, to the extent possible, prioritize eligible grant applicants who hold the lowest pay grades. Timeliness of payment will be determined by the amount of funds available at the time of application.

(4) The Colorado National Guard foundation may be reimbursed from the moneys in the fund for actual expenses incurred in implementing the provisions of this part 15; except that the total annual reimbursement to the foundation shall not exceed an amount equal to five percent of the amount of fund moneys transferred to the foundation in such year.

(5) The department shall have the authority to oversee the grants issued by the Colorado National Guard foundation from the fund pursuant to this part 15.
C.R.S. § 28-5-103 — CO Code / Title 28 / Article 5 / Part 1 / Section 28-5-103
28-5-103. Discharged LGBT veteran
Status: in_force

28-5-103. Discharged LGBT veteran. (1) (a) A person is a discharged LGBT veteran if the person, as determined by the board of veterans affairs, was discharged from the armed services due to the person's sexual orientation or gender identity or gender expression; or statements, consensual sexual conduct, or consensual acts relating to sexual orientation or gender identity or gender expression unless the statements, conduct, or acts are prohibited by the uniform code of military justice on grounds other than the person's sexual orientation, gender identity, or gender expression; or the disclosure of statements, conduct, or acts relating to sexual orientation or gender identity or gender expression that were prohibited by the armed services at the time of discharge.

(b) Notwithstanding subsection (1)(a) of this section, a person who received a dishonorable discharge, bad conduct discharge, or, if the person was an officer, a dismissal from the armed services is not eligible to be a discharged LGBT veteran.

(2) Upon application, and in accordance with the process established by the division of veterans affairs pursuant to this section, the board of veterans affairs shall determine whether a person is a discharged LGBT veteran.

(3) (a) The division of veterans affairs shall establish a consistent and uniform process to determine whether a person is a discharged LGBT veteran, including, at a minimum, standards for verifying the person's status as a discharged LGBT veteran.

(b) (I) The process must require a person applying for classification as a discharged LGBT veteran to submit a copy of the person's DD214 form issued by the United States government, a personal affidavit of the circumstances surrounding the discharge, and any relevant records pertaining to the discharge.

(II) A person who does not have the documents described in subsection (3)(b)(I) of this section is not automatically disqualified from being classified as a discharged LGBT veteran. If the person does not have the documents, the person must submit an affidavit certifying that the person does not have the documents.

(c) The division of veterans affairs shall establish a method for a person determined by the board of veterans affairs to be a discharged LGBT veteran to demonstrate status as a discharged LGBT veteran.
C.R.S. § 28-5-702 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-702
28-5-702. Board of veterans affairs
Status: repealed

28-5-702. Board of veterans affairs. (1) The Colorado board of veterans affairs and its powers, duties, and functions are transferred from the department of human services to the department of military and veterans affairs. The board shall advise and consult with the division in the administration and enforcement of this article 5. The Colorado board of veterans affairs is a type 2 entity, as defined in section 24-1-105.

(2) The board consists of seven members appointed by the governor and confirmed by the senate, who shall be veterans who have been honorably released or separated from the armed forces of the United States, but who need not be members of a veterans service organization. The governor shall appoint members for terms of four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. Terms begin the day after the expiration of a preceding term. Vacancies occurring during any term shall be filled by the governor for the unexpired portion of the term in which they occur. If a vacancy occurs while the senate is not in session, the governor shall appoint a qualified person to discharge the duties thereof until the next meeting of the senate, at which time the governor shall nominate a person to fill the vacancy, which nomination shall be subject to senate confirmation. Members of the board shall hold office until their successors are appointed by the governor. Not more than four of the members serving at any one time shall be members of the same political party.

(3) The members of the board shall serve without compensation but may be reimbursed, out of any funds appropriated to the division, for actual and necessary traveling expenses and other expenses incurred in the performance of official duties.

(4) The members of the board shall select one of their members to serve as the chair of the board and one to serve as the vice-chair of the board, for a term of two years for each office. Such officers shall hold office at the pleasure of the board. The board shall also appoint a secretary who may or may not be a member as the board may determine. The secretary shall attend all meetings of the board, keep a full and true record of its proceedings, preserve at its general office all its books, documents, and papers, and perform such other duties as the board may prescribe.

(5) The board shall hold meetings at such times and at such places as shall be determined by it. Special meetings may be called at any time by the chair or vice-chair and shall be called at the request of any three members.

(6) Repealed.
C.R.S. § 28-3.1-402.5 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-402.5
28-3.1-402.5. Classification of offenses
Status: in_force

28-3.1-402.5. Classification of offenses. A conviction by general court-martial of any military offense for which an accused received a sentence greater than one year of confinement or a conviction by a general court-martial of any offense that, at the time the offense was committed, carries a maximum term of confinement of three years or greater as set forth under 10 U.S.C. sec. 877 to 10 U.S.C. sec. 934, as amended, or pursuant to an executive order, is a felony offense. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a special court-martial is a misdemeanor. Any conviction by a summary court-martial is not a criminal conviction.
C.R.S. § 28-3-1204.5 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1204.5
28-3-1204.5. Colorado legion of merit medal
Status: in_force

28-3-1204.5. Colorado legion of merit medal. (1) (a) The department may award a medal, designated as the "Colorado legion of merit medal", to any member of the department, including the Colorado National Guard, who has rendered service in a clearly exceptional, unprecedented, or superior manner in support of the department and who has served in a position of senior leadership or senior command, has demonstrated significant responsibility, served in a position of extremely difficult duty, or was a key individual in mission or duty success.

(b) The department may present the Colorado legion of merit medal upon the member's retirement or the completion of any assignment, mission, or service.

(2) The adjutant general may award the Colorado legion of merit medal to a person who is not a member of the department who has rendered service in a clearly exceptional, unprecedented, or superior manner in support of the department.
C.R.S. § 28-5-213 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-213
28-5-213. Compensation of guardians
Status: in_force

28-5-213. Compensation of guardians. Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of income received during the period covered by the account; except that such percentage compensation shall not be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments. In the event five percent of income received during the period would be less than twenty-five dollars and the personal property in the estate totals not more than one thousand five hundred dollars, twenty-five dollars may be taken as the guardian's compensation. If the personal property in the estate exceeds one thousand five hundred dollars and five percent of the income would be less than fifty dollars, the guardian's compensation may be fifty dollars. In any case in which the compensation under the foregoing appropriate rates is inadequate because of extra services performed, the court, upon petition and hearing thereon, may authorize reasonable additional compensation. A copy of the petition and notice of hearing thereon shall be given the proper office of the veterans administration in the manner provided in the case of hearing on a guardian's account or other pleading.
C.R.S. § 28-3-506 — CO Code / Title 28 / Article 3 / Part 5 / Section 28-3-506
28-3-506. Discrimination against employment - penalty
Status: in_force

28-3-506. Discrimination against employment - penalty. (1) (a) No person shall discriminate against any officer or enlisted person of the military forces of the state because of the officer or enlisted person's membership therein.

(b) No employer or officer or agent of any corporation, company, or firm or other person shall:

(I) Refuse to hire any person for or discharge any person from employment because of the person's status as an officer or enlisted person of the military forces of the state; or

(II) Hinder or prevent the person from performing any military service he or she may be called upon to perform by proper authority; or

(III) Dissuade any person from enlistment in the said National Guard by threat or injury to such person, if he or she so enlists, in respect to the person's employment, trade, or business.

(2) Any person violating any of the provisions of subsection (1) of this section 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 aggrieved person may bring an action at law for damages for such noncompliance or apply to the district court for such equitable relief as is just and proper under the circumstances.
C.R.S. § 28-3-1212 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1212
28-3-1212. State emergency service ribbon
Status: in_force

28-3-1212. State emergency service ribbon. A ribbon, designated as the "state emergency service ribbon", shall be awarded to any member of the National Guard of Colorado who is called to state duty in either an active or supportive role for a period of at least one day during a crisis within the state of Colorado, during which crisis the welfare of the residents of Colorado is in peril and where the preservation or protection of public and private property is required.
C.R.S. § 28-3-307 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-307
28-3-307. Supplies - indemnity bonds - depots
Status: in_force

28-3-307. Supplies - indemnity bonds - depots. Arms, ammunition, equipment, and stores shall be issued to the proper officers of each organization upon requisition as prescribed by federal law. The governor may require of the accountable officers such bonds as he or she deems necessary for securing the care and safety of property so issued and shall allow them sufficient money to insure such property against fire when so required by the federal government. He or she may also allow them sufficient money to establish and maintain depots approved by him or her and to pay for transportation, handling, and care of such property, which allowance shall be paid out of the moneys appropriated or designated for the purchase of supplies for the National Guard. The adjutant general, with the approval of the governor, shall obtain and pay for, out of the military fund, an adequate indemnity bond covering all of the officers of the National Guard responsible for moneys and military property.
C.R.S. § 28-5-209 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-209
28-5-209. Notice of filing petition
Status: in_force

28-5-209. Notice of filing petition. Upon the filing of a petition for the appointment of a guardian under this part 2, notice shall be given to the ward and to such other persons in such manner as is provided by the laws of this state, and also to the veterans administration as provided by this part 2.
C.R.S. § 28-5-713 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-713
28-5-713. Western region one source - veterans one-stop center - advisory board - fund - d
Status: repealed

28-5-713. Western region one source - veterans one-stop center - advisory board - fund - definition - repeal. (1) (a) The division of veterans affairs may operate a veterans one-stop center in Grand Junction, known as the "western region one source", for the purpose of providing a central and accessible location where veterans, service members, and their family members in the western portion of the state may have access to assistance and resources. The division shall operate the veterans one-stop center subject to available appropriations from the general assembly. The division may staff the veterans one-stop center with employees of the department of military and veterans affairs, or the division may contract with one or more private vendors for the management of the facility.

(b) Subject to available appropriation to the department of military and veterans affairs for the veterans one-stop center, the department, as a function of the veterans one-stop center, may provide identification cards to eligible military members, retirees, and their family members, which identification cards are issued by the United States department of defense.

(c) As used in this section, "veterans one-stop center" means a facility, known as the "western region one source", where government agencies, nonprofit and advocacy organizations, and other organizations collaborate to offer services for veterans and their families in a convenient central location. Services offered at the veterans one-stop center may include, but are not limited to, assistance for veterans in securing federal benefits, counseling services, employment support, education, life skills, and wellness support.

(2) On or before November 1, 2018, the division of veterans affairs shall establish an advisory board appointed by the adjutant general or his or designee that includes:

(a) A person representing one or more nonprofit organizations in the Grand Junction area;

(b) A county veterans service officer from the western portion of the state;

(c) A veteran from the western portion of the state;

(d) A family member of a veteran from the western portion of the state; and

(e) A representative of an organization that provides services at the veterans one-stop center.

(3) No later than December 31, 2023, the division, in consultation with the advisory board established pursuant to subsection (2) of this section, shall develop procedures for evaluating the effectiveness of the veterans one-stop center. The division shall provide the procedures and the annual results of the procedures to:

(a) The board of veterans affairs; and

(b) The general assembly as part of the annual report of the department of military and veterans affairs before the house and senate committees of reference pursuant to section 2-7-203.

(4) (a) The veterans one-stop center cash fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money generated from the public or private use of the veterans one-stop center, including but not limited to money received by the division as lease payments for the former Grand Junction National Guard armory.

(b) The state treasurer shall invest the money in the fund as described in sections 24-36-109, 24-36-112, and 24-36-113. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and may not be transferred to the general fund or any other fund.

(d) Subject to available appropriation, the department may use the money in the fund or any money in the general fund to pay the costs of operating the veterans one-stop center, which costs may include, but are not limited to, repair and replacement at the veterans one-stop center and salaries involved in the operation, maintenance, repair, and development of the veterans one-stop center.

(e) The division may seek, accept, and expend gifts, grants, and donations of any kind from any public or private source for the purpose of operating the veterans one-stop center; except that the division shall not accept a gift, grant, or donation if any conditions attached thereto are contradictory to law or require expenditures from the general fund that have not been approved by the general assembly.

(f) The state treasurer shall transfer all unexpended and unencumbered money in the fund on September 1, 2030, to the Colorado state veterans trust fund created in section 28-5-709.

(5) This section is repealed, effective September 1, 2030. Before its repeal, the department of regulatory agencies shall review the veterans one-stop center operated by the division pursuant to this section in accordance with section 24-34-104.
C.R.S. § 28-3.1-509 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-509
28-3.1-509. Desertion
Status: in_force

28-3.1-509. Desertion. (1) Any member of the state military forces is guilty of desertion if he or she:

(a) Without authority, goes or remains absent from his or her unit, organization, or place of duty with intent to remain away therefrom permanently; or

(b) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or

(c) Without being regularly separated from one of the state military forces, enlists or accepts an appointment in the same or another one of the state military forces or in one of the armed forces of the United States without fully disclosing the fact that he or she has not been regularly separated.

(2) Any commissioned officer of the state military forces who, after tender of his or her resignation and before notice of its acceptance, quits his or her post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial directs.
C.R.S. § 28-3.1-517 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-517
28-3.1-517. Cruelty and maltreatment of inferiors
Status: in_force

28-3.1-517. Cruelty and maltreatment of inferiors. Any person subject to this code who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his or her orders must be punished as a court-martial directs.
C.R.S. § 28-3-612 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-612
28-3-612. Federal law - rights - applicability
Status: in_force

28-3-612. Federal law - rights - applicability. Nothing in this article shall be construed as restricting or abrogating any right available to any officer or enlisted person of the military forces of the state under the federal "Uniformed Services Employment and Reemployment Rights Act", 38 U.S.C. sec. 4301 et seq.
C.R.S. § 28-3.1-414 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-414
28-3.1-414. Error of law - lesser included offense
Status: in_force

28-3.1-414. Error of law - lesser included offense. (1) A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law, unless the error materially prejudices the substantial rights of the accused.

(2) Any reviewing authority with the power to affirm a finding of guilty may affirm so much of the findings as includes a lesser included offense.
C.R.S. § 28-5-805 — CO Code / Title 28 / Article 5 / Part 8 / Section 28-5-805
28-5-805. Office space and supplies
Status: in_force

28-5-805. Office space and supplies. The board of county commissioners shall furnish a county veterans service officer with office space and necessary supplies.
C.R.S. § 28-5-704 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-704
28-5-704. Departments to cooperate
Status: in_force

28-5-704. Departments to cooperate. (1) To effectuate the purpose of this article, the governor may direct any department, division, board, bureau, commission, or agency of the state, or any political subdivision thereof, to:

(a) Cooperate with and assist and advise the division and the board in the performance of their duties and functions under this article and to provide such other assistance and data as will enable the division and the board to properly carry out their activities and effectuate the purposes of this article; and

(b) Coordinate with, seek advice from, or utilize as a resource the division and the board in implementing programs that provide services specifically to state veterans.
C.R.S. § 28-5-711 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-711
28-5-711. Veterans resource information clearinghouse
Status: in_force

28-5-711. Veterans resource information clearinghouse. (1) There is hereby created in the division of veterans affairs the veterans resource information clearinghouse to provide information concerning support, services, and other assistance available to veterans of the United States armed forces and their families from state and local government agencies and programs, congressionally chartered veterans organizations, and nonprofit service organizations. To the extent practicable, the division shall make information available through the veterans resource information clearinghouse in a variety of formats to help ensure a high degree of public accessibility.

(2) The division shall identify the agencies, programs, services, and organizations to be included in the veterans resource information clearinghouse. The department of military and veterans affairs shall adopt policies to establish criteria that the division shall apply to ensure that the nonprofit service organizations included in the clearinghouse are legitimate, legally operated organizations.

(3) The division shall operate the veterans resource information clearinghouse subject to available state and federal resources that are appropriated or otherwise available to the division. In addition, the division may solicit, accept, and expend public or private gifts, grants, and donations for the operation of the veterans resource information clearinghouse, including but not limited to donations of volunteer services and in-kind donations.
C.R.S. § 28-3-102 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-102
28-3-102. Persons subject to military duty
Status: repealed

28-3-102. Persons subject to military duty. (Repealed)
C.R.S. § 28-3-609 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-609
28-3-609. Private employees - annual military leave
Status: in_force

28-3-609. Private employees - annual military leave. Any person who is a duly qualified member of the Colorado National Guard or the reserve forces of the United States who, in order to receive military training with the armed forces of the United States, not to exceed the equivalent of three weeks of work on the person's regular work schedule in any one calendar year, leaves a position other than a temporary position in the employ of an employer, and who gives evidence of the satisfactory completion of the training, and who is still qualified to perform the duties of the person's position, is entitled to be restored to the person's previous or a similar position in the same status, pay, and seniority. The person is entitled to use any paid leave available to the person or to use unpaid leave for the person's period of absence for military training.
C.R.S. § 28-3.1-209 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-209
28-3.1-209. Who may serve on courts-martial
Status: in_force

28-3.1-209. Who may serve on courts-martial. (1) Any commissioned officer off or on duty with the military forces is eligible to serve on all courts-martial for the trial of any person subject to this code.

(2) Any warrant officer off or on duty with the military forces is eligible to serve on general and special courts-martial for the trial of any person, other than a commissioned officer.

(3) (a) Any enlisted member of the military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member, but he or she shall serve as a member of a court only if, before convening of the court, the accused personally has requested in writing that enlisted members serve on it. After such request, the accused shall not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained because of physical conditions or military exigencies. If enlisted members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why enlisted members could not be obtained.

(b) As used in this section, "unit" means any regularly organized body of the military forces not larger than a company, a squadron, or a body corresponding to one of them.

(4) (a) No person subject to this code may be tried by a court-martial of which any member is junior to him or her in rank or grade, unless it cannot be avoided and then only by order of the governor.

(b) When convening a court-martial, the convening authority shall detail as members thereof those persons as, in his or her opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member is eligible to serve as a member of a general or special court-martial when he or she is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case. If within the command of the convening authority there is present and not otherwise disqualified a commissioned officer who is a member in good standing of the bar of this state and of appropriate rank and grade, the convening authority may appoint him or her as president of a general or special court-martial.
C.R.S. § 28-5-801 — CO Code / Title 28 / Article 5 / Part 8 / Section 28-5-801
28-5-801. Establishment of veterans service offices
Status: in_force

28-5-801. Establishment of veterans service offices. (1) The board of county commissioners of each county in this state shall establish a county veterans service office and shall appoint a county veterans service officer for the county to further prompt and efficient service to all veterans in the state of Colorado on a uniform basis. If the board of county commissioners determines that additional county veterans service officers are necessary, the board may authorize the appointed county veterans service officer to hire additional county veterans service officers. A board of county commissioners may also authorize the appointed county veterans service officer to hire any staff as the board determines necessary at a rate of compensation as fixed by the board, together with the necessary and actual traveling and other expenses incurred in their work as approved by the board of county commissioners and other expenses as the board deems necessary for the proper operation of the office, payable monthly out of the county general fund in the manner provided by law. The board of county commissioners, in its discretion, may authorize the appointed county veterans service officer to hire any county officer, official, or employee as a county veterans service officer, if qualified to serve pursuant to the provisions of section 28-5-802, at a rate of additional compensation for additional duties as fixed by the board of county commissioners.

(2) The boards of county commissioners of adjacent counties may act jointly in establishing a veterans service office for such counties and in appointing a veterans service officer, authorizing the hiring of additional county veterans service officers, and authorizing the hiring of staff as determined necessary to operate an office for the counties, at a rate of compensation as fixed by the boards of county commissioners joining in the appointment or authorized hire of an officer or authorized hire of staff, together with the actual and necessary expenses incurred in their work, as approved by the boards of county commissioners. The salaries, expenses, and all other jointly approved expenses necessary for the proper operation of the office must be paid by the boards of county commissioners out of their respective county general funds in the manner provided by law, each county bearing its share in the proportion that the population of each county bears to the total population of the counties combining to establish the office.
C.R.S. § 28-3-1403 — CO Code / Title 28 / Article 3 / Part 14 / Section 28-3-1403
28-3-1403. Stay of civil proceedings
Status: in_force

28-3-1403. Stay of civil proceedings. Any court of competent jurisdiction may, on its own motion, stay any civil action or proceeding that involves a person described in section 28-3-1402 for the duration of the period of service or duty and for thirty days thereafter, or may 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 prosecute or defend the action is not materially affected.
C.R.S. § 28-3-1305 — CO Code / Title 28 / Article 3 / Part 13 / Section 28-3-1305
28-3-1305. Department of military and veterans affairs counterdrug program federal forfeitu
Status: in_force

28-3-1305. Department of military and veterans affairs counterdrug program federal forfeiture fund - creation. Any moneys accepted by the adjutant general pursuant to section 16-13-601, C.R.S., shall be transmitted to the state treasurer, who shall credit the same to the department of military and veterans affairs counterdrug program federal forfeiture fund, which fund is hereby created in the state treasury and referred to in this section as the "fund". All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. Moneys in the fund shall be continuously appropriated to the department for use by the adjutant general in compliance with state and federal law.
C.R.S. § 28-3-1502 — CO Code / Title 28 / Article 3 / Part 15 / Section 28-3-1502
28-3-1502. Military family relief fund - creation
Status: in_force

28-3-1502. Military family relief fund - creation. (1) There is hereby created in the state treasury the military family relief fund, referred to in this part 15 as the "fund". The fund shall consist of gifts, grants, and donations to the fund, which the adjutant general is authorized to accept, and any voluntary contributions to the fund pursuant to part 30 of article 22 of title 39, C.R.S.

(2) The adjutant general shall transfer any gifts, grants, and donations to the fund to the state treasurer who shall credit the same to the fund. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. All moneys remaining in the fund at the end of a fiscal year shall be transferred to the Colorado National Guard foundation, a Colorado nonprofit organization. The foundation shall administer such moneys pursuant to section 28-3-1503.
C.R.S. § 28-3-604 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-604
28-3-604. Reinstatement
Status: repealed

28-3-604. Reinstatement. (1) Except as otherwise provided in sections 28-3-601 to 28-3-607, upon the completion of such service, an officer or employee must be reinstated in the public position that the officer or employee held at the time of entry into such service or a public position of like seniority, status, and pay if such a position is available at the same salary that the officer or employee would have received if the officer or employee had not taken the leave upon the following conditions:

(a) That the position has not been abolished or that the term thereof, if limited, has not expired;

(b) Repealed.

(c) That he or she makes written application for reinstatement to the appointing authority within ninety days after discharge from hospitalization or medical treatment which immediately follows the termination of and results from such service, but such application shall be made within one year and ninety days after termination of such service, notwithstanding such hospitalization or medical treatment;

(d) That he or she submits an honorable discharge or other form of release by proper authority indicating that his or her military service was satisfactory.

(2) Upon such reinstatement, the officer or employee shall have the same rights with respect to accrued and future seniority status, efficiency rating, vacation, sick leave, and other benefits as if he or she had been actually employed during the time of such leave. No officer or employee so reinstated shall be removed or discharged within one year thereafter, except for cause and after notice and hearing; but this shall not operate to extend a term of service or office limited by law.
C.R.S. § 28-3.1-541 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-541
28-3.1-541. Maiming
Status: in_force

28-3.1-541. Maiming. Any person subject to this code who, with intent to injure, disfigure, or disable, inflicts upon the person of another an injury which seriously disfigures his or her person by any mutilation thereof, destroys or disables any member or organ of his or her body, or seriously diminishes his or her physical vigor by the injury of any member or organ is guilty of maiming and shall be punished as a court-martial directs.
C.R.S. § 28-3.1-527 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-527
28-3.1-527. Captured or abandoned property
Status: in_force

28-3.1-527. Captured or abandoned property. (1) All persons subject to this code shall secure all property taken from the enemy or any hostile force and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody, or control.

(2) Any person subject to this code shall be punished as a court-martial directs if he or she:

(a) Fails to carry out the duties prescribed in subsection (1) of this section;

(b) Buys, sells, trades, or in any way deals in or disposes of captured, stolen, or abandoned property whereby he or she receives or expects any profit, benefit, or advantage to himself or herself or another directly or indirectly connected with himself or herself; or

(c) Engages in looting or pillaging.
C.R.S. § 28-5-102 — CO Code / Title 28 / Article 5 / Part 1 / Section 28-5-102
28-5-102. Identity documents - veteran identifier
Status: in_force

28-5-102. Identity documents - veteran identifier. A driver's license or identification card, issued under article 2 of title 42, C.R.S., that identifies the holder as a veteran is sufficient documentation that a person is a veteran for the purposes of any benefit or preference given to veterans by the state of Colorado or any political subdivision of Colorado.
C.R.S. § 28-3-1207 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1207
28-3-1207. Cost of medals and lapel buttons
Status: in_force

28-3-1207. Cost of medals and lapel buttons. The necessary amounts to defray the costs of providing the medals and lapel buttons authorized by this article shall be deemed a proper charge against the appropriation for the support of the department.
C.R.S. § 28-4-113 — CO Code / Title 28 / Article 4 / Section 28-4-113
28-4-113. Oath of officers
Status: in_force

28-4-113. Oath of officers. The oath to be taken by officers commissioned in such force shall be substantially in the form prescribed for officers of the National Guard, substituting the words "Colorado state defense force" where necessary.
C.R.S. § 28-3-706 — CO Code / Title 28 / Article 3 / Part 7 / Section 28-3-706
28-3-706. Deductions from pay - forfeitures - lost equipment
Status: in_force

28-3-706. Deductions from pay - forfeitures - lost equipment. Legal fines or forfeitures and the value of any articles of uniform, arms, or equipment, whether state or federal, issued to any officer or enlisted person which he or she fails to return on demand of proper authority and for the loss of or damage to which he or she has been held responsible by a report of survey or other proper proceeding shall be deducted from such officer's or enlisted person's pay in the manner provided for in federal or state orders or regulations. Deductions from federal pay and allowances may only be made in the manner prescribed by federal law or regulation.
C.R.S. § 28-3.1-544 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-544
28-3.1-544. Assault
Status: in_force

28-3.1-544. Assault. (1) Any person subject to this code who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial directs.

(2) Any person subject to this code who commits an assault with a dangerous weapon or other means or force likely to produce death or grievous bodily harm or commits an assault and intentionally inflicts grievous bodily harm with or without a weapon is guilty of aggravated assault and shall be punished as a court-martial directs.
C.R.S. § 28-3-903 — CO Code / Title 28 / Article 3 / Part 9 / Section 28-3-903
28-3-903. Inspections
Status: in_force

28-3-903. Inspections. When so ordered by the governor, an inspection shall be made by such officer designated by the governor of all of the military forces of the state of Colorado, and such inspector shall report the number of troops present, the condition of their arms, equipment, and clothing, their proficiency, and such other information as may be required of or deemed proper by him or her. There shall be at least one inspection annually at such time and place as the governor designates. The forms and mode of inspection shall be prescribed by the adjutant general.
C.R.S. § 28-5-221 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-221
28-5-221. Liberal construction
Status: in_force

28-5-221. Liberal construction. This part 2 shall be so construed to make uniform the law of those states which enact it.
C.R.S. § 28-3-904 — CO Code / Title 28 / Article 3 / Part 9 / Section 28-3-904
28-3-904. Pay and allowances
Status: in_force

28-3-904. Pay and allowances. Every member of the military forces not salaried as such must receive from the state, while engaged in any service ordered by the governor, pay and allowances at the rate paid or allowed by law to members of similar rank and length of service in the regular Army or regular Air Force of the United States, as the case may be, but each such member must receive at least the pay and allowances provided to an enlisted person in the military forces holding the rank of E-4 with over six years of service. Subject to available appropriations, after a member of the military forces has been engaged in service pursuant to this section for a period of more than thirty consecutive days, the member is eligible to enroll in any benefit plan created for employees of the state, including but not limited to state employee group benefits pursuant to part 6 of article 50 of title 24 and the public employees' retirement association created pursuant to article 51 of title 24.
C.R.S. § 28-5-223 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-223
28-5-223. Application
Status: in_force

28-5-223. Application. The provisions of this part 2 relating to surety bonds and the administration of estates of wards shall apply to all "income" and "estate" as defined in section 28-5-202, whether the guardian has been appointed under this part 2 or under any other law of this state, special or general, prior or subsequent to the enactment of this part 2.
C.R.S. § 28-5-709 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-709
28-5-709. Colorado state veterans trust fund - created - report
Status: repealed

28-5-709. Colorado state veterans trust fund - created - report. (1) (a) There is hereby created in the state treasury the Colorado state veterans trust fund, which consists of the moneys transferred thereto pursuant to subsection (2) of this section. In addition, the state treasurer may credit to the trust fund any public or private gifts, grants, or donations received prior to July 1, 2002, by the department of human services or, on or after July 1, 2002, by the department of military and veterans affairs for implementation of the purposes specified in this subsection (1).

(b) The moneys in the trust fund shall be used for:

(I) Capital improvements or needed amenities for existing or future veterans community living centers;

(I.5) Repealed.

(II) Costs incurred by existing or future state veterans cemeteries;

(III) Costs incurred by the division; and

(IV) Veterans programs operated by nonprofit veterans organizations that meet criteria adopted by the board and that are selected by the board as grant recipients.

(V) Repealed.

(c) The division may retain up to five percent of the amount annually appropriated from the trust fund for the actual costs incurred by the division and the board in implementing the provisions of this article 5. Notwithstanding the provisions of section 24-36-114, all interest derived from the deposit and investment of money in the trust fund shall be credited to the trust fund. All unexpended and unencumbered money remaining in the trust fund at the end of any fiscal year shall remain in the trust fund and shall neither revert to the general fund nor be transferred or credited to any other fund.

(2) (a) Pursuant to section 24-75-1104.5 (1.7)(l), C.R.S., and except as otherwise provided in section 24-75-1104.5 (5), C.R.S., beginning in the 2016-17 fiscal year, and for each fiscal year thereafter so long as the state receives moneys pursuant to the master settlement agreement, the state treasurer shall annually transfer to the trust fund one percent of the total amount received by the state pursuant to the provisions of the master settlement agreement, other than attorney fees and costs, during the preceding fiscal year. The state treasurer shall transfer the amount specified in this subsection (2) from moneys credited to the tobacco litigation settlement cash fund created in section 24-22-115, C.R.S.

(b) Repealed.

(3) (a) (I) All of the funds appropriated to the trust fund pursuant to subsection (2) of this section in fiscal year 2000-01 shall be credited to the trust fund and retained as principal in the trust fund.

(II) For fiscal years 2001-02 through 2005-06, seventy-five percent of the amount of annual appropriations made pursuant to subsection (2) of this section, shall be credited to the trust fund and retained as principal in the trust fund. For fiscal years 2001-02 through 2005-06, twenty-five percent of the amount of annual appropriations made pursuant to subsection (2) of this section, and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.

(III) For fiscal years 2006-07 and 2007-08, seventy-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund. For fiscal years 2006-07 and 2007-08, twenty-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.

(b) (I) Notwithstanding the provisions of paragraph (a) of this subsection (3):

(A) For the 2003-04 through 2006-07 fiscal years, twenty-five percent of the amount of annual transfers made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund, and seventy-five percent of the amount of annual transfers made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.

(B) For the 2007-08 fiscal year, thirty-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund, and sixty-five percent of the amount of the annual transfer made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly and may be allocated by the board for the purposes outlined in subsection (1) of this section.

(C) to (E) (Deleted by amendment, L. 2009, (HB 09-1329), ch. 393, p. 2122, § 1, effective June 2, 2009.)

(II) (Deleted by amendment, L. 2009, (HB 09-1329), ch. 393, p. 2122, § 1, effective June 2, 2009.)

(c) For the 2008-09 fiscal year and each fiscal year thereafter, ten percent of the amount of the annual transfer made pursuant to subsection (2) of this section shall be credited to the trust fund and retained as principal in the trust fund, and ninety percent of the amount of the annual transfer made pursuant to subsection (2) of this section and one hundred percent of any interest earned on the principal in the trust fund shall be subject to annual appropriation by the general assembly.

(3.5) Repealed.

(4) (a) Funds shall be allocated out of the trust fund using the following process:

(I) The director of the state and veterans nursing homes or the director of the division of veterans affairs shall submit to the board a written request for funds to be used for the purposes described in subsection (1) of this section; or

(II) A nonprofit veterans organization, in compliance with the procedures and timelines adopted by the board, shall submit to the board a grant application, in a form adopted by the board, requesting funding for a veterans program.

(b) The board shall vote on each request for funds and on each grant application submitted by a nonprofit veterans organization that meets the criteria established by the board. A majority vote shall be sufficient to approve an allocation of moneys out of the trust fund.

(5) The board shall adopt guidelines that address, at a minimum, the following issues:

(a) The form of an application for use by nonprofit veterans organizations in applying for grants pursuant to this section;

(b) Criteria for identifying nonprofit veterans organizations that may apply for and receive grants pursuant to this section;

(c) Criteria for selecting appropriate veterans programs to receive grants pursuant to this section;

(d) The term and amounts of grants awarded to nonprofit veterans organizations pursuant to this section; and

(e) Standards for determining the effectiveness of veterans programs that receive grants pursuant to this section.

(6) The department may contract with one or more private or public entities for program monitoring and evaluation of any veterans program operated by a nonprofit veterans organization that receives funding pursuant to this section. The board may allocate funds to the division for the costs incurred in entering into such contracts.

(7) (a) The board shall prepare a report evaluating the implementation of this section, including the number and type of improvements or additions to nursing homes that have been made, the number and type of improvements to veterans cemeteries, the number of veterans served through the veterans outreach program, the number and types of veterans programs operated by nonprofit veterans organizations that receive grants pursuant to this section, and the results achieved as a result of allocations made out of the trust fund.

(b) Repealed.
C.R.S. § 28-3-203 — CO Code / Title 28 / Article 3 / Part 2 / Section 28-3-203
28-3-203. Organization of National Guard
Status: in_force

28-3-203. Organization of National Guard. The organization of the National Guard, including the composition of all units thereof, shall be such as is or may be prescribed for this state by federal law.
C.R.S. § 28-3-1401 — CO Code / Title 28 / Article 3 / Part 14 / Section 28-3-1401
28-3-1401. Short title
Status: in_force

28-3-1401. Short title. This part 14 shall be known and may be cited as the "Colorado State Military Service Civil Relief Act of 2002".
C.R.S. § 28-3.1-408 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-408
28-3.1-408. Reconsideration and revision
Status: in_force

28-3.1-408. Reconsideration and revision. (1) If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action.

(2) (a) Where there is an apparent error or omission in the record, or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action.

(b) In no case, however, may the record be returned:

(I) For reconsideration of a finding of not guilty or a ruling which amounts to a finding of not guilty; or

(II) For reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of the code; or

(III) For increasing the severity of the sentence, unless the sentence prescribed for the offense is mandatory.
C.R.S. § 28-3.1-549 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-549
28-3.1-549. Cognizance of disreputable conduct
Status: in_force

28-3.1-549. Cognizance of disreputable conduct. Though not specifically mentioned in this code, all disorders and neglects to the prejudice of good order and discipline in the state military forces and all conduct of a nature to bring discredit upon the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general, special, or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of such court. However, cognizance may not be taken of, and jurisdiction may not be extended to, any offense which constitutes a felony under the laws of this state where the local prosecuting authority has initiated a criminal action against the accused in the same matter. Where such an action has not been initiated against the accused, trial counsel shall give notice to the local prosecuting authority that a court-martial has taken cognizance of the offense and shall certify to the court-martial that such notice was given.
C.R.S. § 28-3-1703 — CO Code / Title 28 / Article 3 / Part 17 / Section 28-3-1703
28-3-1703. Definitions
Status: in_force

28-3-1703. Definitions. As used in this part 17, unless the context otherwise requires:

(1) "Eligible youth" means a person who has voluntarily consented, with the written permission of his or her parent or guardian if the person is a minor, to participate in the National Guard youth challenge corps program and the United States congressional youth awards program and to act in accordance with program requirements. Additionally, an eligible youth shall be:

(a) At least sixteen years of age but less than nineteen years of age;

(b) A high school dropout, suspended or expelled from school, habitually truant, or otherwise habitually disruptive in school;

(c) Economically and educationally disadvantaged;

(d) Unemployed;

(e) Drug-free;

(f) Free of felony convictions or capital offenses, not indicted or charged with a crime, and not on parole or probation for anything other than juvenile status offenses; and

(g) Physically and mentally capable of participating in the program with reasonable accommodations for physical or other disabilities.

(2) "High school equivalency examination" means the state-board-approved battery of tests that are designed to measure the major outcomes and concepts generally associated with four years of high school education and that are administered at a testing center that has been approved by the department of education based on geographic need and testing volume.

(3) "Program" means the youth challenge corps program authorized and described in section 28-3-1704.
C.R.S. § 28-3.1-535 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-535
28-3.1-535. Malingering
Status: in_force

28-3.1-535. Malingering. Any person subject to this code who, for the purpose of avoiding work, duty, or service, feigns illness, physical disablement, mental lapse, or derangement or intentionally inflicts self-injury shall be punished as a court-martial directs.
C.R.S. § 28-3-1213 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1213
28-3-1213. Foreign deployment service ribbon
Status: repealed

28-3-1213. Foreign deployment service ribbon. (Repealed)
C.R.S. § 28-3.1-317 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-317
28-3.1-317. Number of votes required
Status: in_force

28-3.1-317. Number of votes required. (1) No person may be convicted of an offense except by the unanimous concurrence of the members present at the time the vote is taken.

(2) All sentences shall be determined by the vote of two-thirds of the members present at the time the vote is taken.

(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
C.R.S. § 28-3-106 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-106
28-3-106. Powers and duties of adjutant general
Status: repealed

28-3-106. Powers and duties of adjutant general. (1) The adjutant general has the following powers and duties:

(a) The adjutant general shall be the chief of staff to the commander in chief and the administrative head of the department of military and veterans affairs. Whenever any law of this state refers to the military department, said law shall be construed as referring to the department of military and veterans affairs.

(b) He or she shall have custody of all military records, correspondence, and other military documents. He or she shall be the medium of military correspondence with the governor and perform all other duties pertaining to his or her office prescribed by law.

(c) The adjutant general shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S., a report accounting to the governor and the state, veterans, and military affairs committees of the house of representatives and the senate for the efficient discharge of all responsibilities assigned by law or directive to the adjutant general.

(d) He or she shall make and transmit to the federal government such reports and returns as are required by the laws of the United States.

(e) He or she shall, when necessary and pursuant to the provisions of section 24-1-136, C.R.S., cause the military code, orders, and regulations of the state to be reproduced and distributed to the commissioned officers and the several organizations of the National Guard.

(f) He or she shall cause to be prepared and issued all necessary books, blanks, and notices required to carry into full effect the provisions of the military code. All such books and blanks are the property of the state.

(g) The seal of office of the adjutant general shall contain the coat of arms of the state with the words added thereto "State of Colorado, Adjutant General's Office", and said seal shall be delivered by him or her to his or her successor. All orders issued from his or her office shall be authenticated with said seal. The adjutant general shall attest to all commissions issued to officers of the military forces.

(h) He or she shall superintend the preparation of all returns and reports required by the United States from the state on military matters.

(i) In the absence of the adjutant general or temporary inability to perform his or her duties as adjutant general, he or she shall appoint, with the consent of the governor, an officer of the National Guard to perform the duties prescribed for the adjutant general. Should the adjutant general be absent or unable to perform his or her duties for a period of six months or more, it shall be considered cause to justify his or her removal. Removal under this paragraph (i) shall be at the sole discretion of the governor.

(j) He or she shall prescribe such regulations not inconsistent with law as will increase the discipline and efficiency and will preserve and protect the property of the military forces of the state of Colorado. These regulations, as prepared by the adjutant general and approved by the governor, shall be published in orders, and the governor, when in his or her judgment it is necessary, may order the adjutant general to revise and amend these regulations. The regulations required by this paragraph (j) need not comply with the provisions of article 4 of title 24, C.R.S.

(k) He or she shall submit a budget respecting the military forces for the ensuing fiscal year for the approval of the controller, and the total of the budget for such period of time shall not be exceeded.

(l) He or she shall keep the papers, volumes, and records of the department in an office provided by the state and shall keep such accounts of activities and expenditures as are necessary and required.

(m) He or she shall attend to the safekeeping and repairing of the ordnance, arms, accouterments, equipment, and all other military property belonging to the state or issued to it by the United States. All military property of the state which, after proper inspection, is found unsuitable for the use of the state, under the direction of the governor, shall be disposed of by the adjutant general at public auction or by inviting bids after suitable advertisement of the sale daily for ten days in at least one newspaper published in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the governor or, with the approval of the governor, may be turned over to any other department, board, or commission of the state government by which it can be used. Such department, board, or commission of the state government shall reimburse the military fund for the reasonable value of the property so received. He or she shall bid on the property or suspend the sale when in his or her opinion better prices may or should be obtained. He or she shall from time to time render to the governor a just and true account of the sales made by him or her and shall deposit the proceeds of the same in the military fund.

(n) He or she shall not issue or cause to be issued military property to persons or organizations other than those belonging to the National Guard, except in cases of emergency and then only on written approval of the governor.

(o) All purchases, with the exception of emergency purchases, shall be made through the executive director of the department of personnel in the manner provided by law. All property purchased under the authority granted shall be inspected by an inspector or an officer detailed for that purpose by the adjutant general, and no payment shall be made therefor until it appears by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract. In case of emergency, the governor may suspend the operation of this paragraph (o) and direct the adjutant general in writing to purchase such military property as may be required in the open market. The governor shall report such actions with the reasons therefor and statement of the property purchased and the prices paid therefor to the general assembly at its next session. All payments shall be made by voucher drawn upon the military fund of the state upon such form as may be provided by the controller of the state of Colorado. Each voucher shall show the attestation of the adjutant general that it is within the budget as approved by the governor.

(p) He or she shall employ such clerks, laborers, and other force as may be required for his or her office, other departments, armories, and properties of the National Guard, and, in all cases of employment under this provision, a preference shall be extended to members of the National Guard. The pay of such clerks and other force shall be determined and fixed by the adjutant general with the approval of the governor and consistent with the pay for equivalent positions under the state personnel system. In case of emergency or when authorized by the governor, he or she may employ such additional temporary assistants as are necessary, to be paid from the amounts appropriated for the maintenance of the military forces.

(q) The adjutant general shall have charge of the campgrounds and military reservations of the state and shall be responsible for the protection and safety thereof, and the adjutant general shall promulgate regulations for the maintenance of order thereon, for the enforcement of traffic rules, and for all other lawful regulations as may be ordered for the operation, care, and preservation of existing facilities and installations on all state military reservations. The adjutant general shall keep in repair all state buildings and other improvements thereon and may make such sound improvements thereon as the good of the service requires. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section.

(r) The adjutant general, by and with the advice and approval of the governor, is authorized to rent, hire, purchase, take the conveyance of, and hold in trust for the use of the state of Colorado such buildings, lands, tenements, and appurtenances thereof as may be from time to time deemed necessary for use by the National Guard. All titles shall be taken in the name of the governor of the state of Colorado for the use of the National Guard. Any purchase of such buildings or other real property or any capital construction performed on real property purchased or held by the state of Colorado for the use of the National Guard is subject to the provisions of part 13 of article 3 of title 2 concerning capital development. Prior to acquiring any real property pursuant to the provisions of this subsection (1)(r), the adjutant general shall submit a report to the capital development committee which describes the anticipated use of such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations which may restrict the use of such real property, and any potential liability to the state which could result from acquiring such real property. The capital development committee shall review any such report which is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property acquisition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property acquisition without considering any recommendations of the capital development committee which are provided within such thirty-day period. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section.

(s) (I) If, in the judgment of the adjutant general, any real estate that has been acquired for military purposes is unsuitable for military purposes, the adjutant general, by and with the approval of the governor, in writing, has authority to sell, trade, or otherwise dispose of such real estate, but, except as otherwise provided by subsection (1)(s)(II) of this section, such real estate shall not be disposed of for less than its appraised value. The appraised value of such real estate shall be determined by an appraiser who is licensed or certificated pursuant to part 6 of article 10 of title 12 and who is selected by the adjutant general from a list of three qualified individuals submitted to the adjutant general by the department. Appraisers shall be selected for the list, and their fees shall be negotiated in accordance with the standards established by part 14 of article 30 of title 24. The adjutant general, by and with the advice and approval of the governor, is authorized to lease any property belonging to the department when it is not needed for the immediate use of the department. All conveyances that are required for the purpose of this section shall be executed by the governor under the seal of the state, and the proceeds of all sales, trades, or other disposition shall be placed in an account to be invested by the state treasurer as provided in section 24-36-113. Any interest earned on the investment or deposit of such proceeds shall remain in such account and shall not be credited to the general fund or any other fund of the state. Said proceeds and any interest thereon shall be disbursed by authority of the adjutant general, subject to appropriation by the general assembly, only for the construction, repair, improvement, acquisition, or costs of acquisition or sale of armories throughout the state. Costs of acquisition or sale shall include but need not be limited to appraisals, site surveys, environmental surveys, title work, property inspections, closing costs, legal fees, real estate fees, site preparation, or utility studies. Prior to disposing of any real property pursuant to the provisions of this subsection (1)(s), the adjutant general shall submit a report to the capital development committee that describes such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations that may restrict the use of such real property, and the terms of the proposed disposition of such real property. The capital development committee shall review any such report that is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property disposition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property disposition without considering any recommendations of the capital development committee that are provided within such thirty-day period.

(II) The adjutant general may dispose of real estate acquired but unsuitable for military purposes for less than its appraised value when the disposition is to an agency of state government. The adjutant general shall not be required to have an appraisal performed in order to complete such disposition. In the event an offer has been made to purchase such real estate for more than its appraised value, prior to any disposition the adjutant general shall give due consideration to the terms of the offer and to any cost savings to the state which would result from a transfer of such real estate to a state agency.

(III) Notwithstanding subsection (1)(s)(I) of this section, on July 1, 2020, the state treasurer shall transfer four million nine hundred eight thousand three hundred ninety-five dollars from the account specified in subsection (1)(s)(I) of this section to the general fund.

(IV) On April 1, 2023, the state treasurer shall transfer four million nine hundred eight thousand three hundred ninety-five dollars from the general fund to the account specified in subsection (1)(s)(I) of this section.

(t) Repealed.

(u) He or she shall prescribe the rules and regulations described in section 23-7.4-302 (7).

(v) The adjutant general shall ensure that the department complies with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department.

(w) Repealed.

(x) The adjutant general is authorized to accept gifts, grants, or donations of any kind from any private source or from any governmental unit in order to carry out the functions and duties set forth in this title subject to the conditions upon which the gifts, grants, or donations are made; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law or require expenditures from the general fund unless such expenditures are approved by the general assembly.

(y) The adjutant general may make available for public or private use any distance learning audio and video facilities located within the state. Such public or private use shall be subject to reasonable fees for the costs, including repair, replacement, and salaries involved in the use of the facilities, as well as maintenance and operation of the facilities and equipment.
C.R.S. § 28-3-110 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-110
28-3-110. Electric vehicle service equipment fund - created - use of fund - gifts, grants,
Status: in_force

28-3-110. Electric vehicle service equipment fund - created - use of fund - gifts, grants, and donations - definitions. (1) The electric vehicle service equipment fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (2) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the department may expend money from the fund to defray the costs associated with operating electric vehicle services equipment including costs of facilities' electricity, installation, repair, warranties, replacement, operation of network service, maintenance, and salaries involved in the use of facilities with electric vehicle service equipment.

(2) The state treasurer shall credit all money received by the department from charges imposed by the department on persons charging electric vehicles using electric vehicle service equipment provided by the department at any National Guard facility.

(3) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this subsection (3). The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(4) As used in this section, unless the context otherwise requires:

(a) "Electric vehicle service equipment" means electric vehicle charging systems, as defined in section 38-33.3-106.8 (7), and other electrical equipment installed on site to support electric vehicle charging.

(b) "Fund" means the electric vehicle service equipment fund created in subsection (1) of this section.
C.R.S. § 28-5-703 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-703
28-5-703. Rules - duties
Status: repealed

28-5-703. Rules - duties. (1) (a) The board shall propose for adoption by the adjutant general such rules and regulations, not in conflict with this article or other laws, as it may deem necessary to govern the programs administered pursuant to this article.

(b) Any rules adopted by the board of human services in accordance with the requirements of the "State Administrative Procedure Act", article 4 of title 24, C.R.S., relating to county veterans service offices and veterans affairs other than the veterans community living centers shall be enforceable and shall be valid until amended or repealed by the adjutant general.

(2) The division shall be responsible for the proper administration of this article. The board shall study periodically the problems of veterans and based on such studies shall propose such program or statutory changes as it may deem advisable or necessary for veterans' assistance by the state of Colorado or political subdivisions thereof. The board shall make a continuing study of any program put into effect. The board shall perform such other duties as may be assigned to it by law and shall advise and assist the governor, any department in the executive branch, and the general assembly or any committee thereof in regard to veterans' matters.

(3) Notwithstanding section 24-1-136 (11)(a)(I), on or before December 31, 2002, and on or before December 31 each year thereafter, the board, with the assistance of the division, shall report on the status of all programs providing services to the state's veterans, including but not limited to any recommendations for changes to policies, procedures, or law, to:

(a) The governor;

(b) The state, veterans, and military affairs committee of the house of representatives; and

(c) The state, veterans, and military affairs committee of the senate.

(4) The board shall serve in an advisory capacity to:

(a) The state board of human services and the department of human services regarding the operations and maintenance of veterans community living centers operated pursuant to article 12 of title 26, C.R.S.;

(b) The division of employment and training in the department of labor and employment regarding the provision of services to state veterans pursuant to the "Colorado Career Advancement Act", part 2 of article 83 of title 8;

(c) The department of revenue regarding the issuance of special license plates to veterans and active or retired military personnel; and

(d) Any department, division, board, or other entity that provides services specifically to state veterans, and any executive director, director, board, or other entity that has rule-making authority pursuant to state law regarding proposed rules that are directed specifically to veterans.

(5) The board shall determine whether a person is a discharged LGBT veteran pursuant to section 28-5-103.
C.R.S. § 28-3.1-530 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-530
28-3.1-530. Falsification of official documents
Status: in_force

28-3.1-530. Falsification of official documents. Any person subject to this code who, with intent to deceive, signs any false record, return, regulation, order, or other official document knowing the same to be false or makes any other false official statement knowing the same to be false shall be punished as a court-martial directs.
C.R.S. § 28-3.1-107 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-107
28-3.1-107. Apprehension and restraint
Status: in_force

28-3.1-107. Apprehension and restraint. (1) Officers, warrant officers, and enlisted members of the military forces may be placed in arrest by their military superiors upon reasonable belief that an offense in violation of this code has been committed and that the person apprehended committed such offense. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members subject to his or her authority into arrest or confinement. A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he or she is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated. No person may be ordered apprehended or into arrest or confinement except for probable cause. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.

(2) If any member of the military forces fails or refuses to report to his or her appointed place of duty, his or her commanding officer is authorized to arrest or cause to be arrested such member and have him or her brought before the commanding officer at his or her unit or organization headquarters, whether such headquarters be located within or without the borders of the state. After such an arrest, the commanding officer is authorized to transport such member to his or her appointed place of duty, whether within or without the borders of the state. If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he or she may issue a warrant to any peace officer authorized to serve warrants of arrest under state criminal law, and such peace officer is authorized and required to serve such warrant in the same manner as other warrants of arrest and make return thereof to the commanding officer issuing the warrant.

(3) If the commanding officer issuing the warrant is unavailable to receive the person arrested, the arresting officer shall take the person before a county court judge in the state. The judge may admit the person arrested to bail by bond, with sufficient sureties and in such sum as he or she deems proper, conditioned upon the person arrested appearing before said judge at a time specified in such bond for his or her surrender to the commanding officer issuing the warrant or to his or her representative. If the person arrested is unable to post bail, he or she shall be committed by the judge to the county jail for a period of time not to exceed three days to await surrender to the commanding officer issuing the warrant or to his or her representative.

(4) Warrants of arrest issued pursuant to this section shall be in the following form:

STATE OF ________________________)

) ss.

COUNTY OF ______________________)

To the (Sheriff), (Constable), (Chief of Police) of (Or the name and rank of the officer, First Sergeant, or N.C.O. ordered to make the arrest) of

County :

(name of individual to be arrested, rank, serial number)

a member of _________________, Colorado National Guard, having failed or refused

(unit designation)

to report to his or her appointed place of duty at __________________, you are therefore commanded forthwith to arrest the above named _________________________

(name of individual to be arrested)

and bring him or her before me at .

(unit headquarters)

The arrest is authorized to be made either during the day or at night. Dated at ____________, this ________ day of ______________, 20__.

/s/____________________________

(Type signer's name, rank, branch,

organization, and designation as

commanding officer)

(5) The fees and mileage allowed for the service of warrants of arrest issued pursuant to this section shall be the same as provided by law for the service of criminal process and shall be paid out of funds appropriated to the office of the adjutant general upon proper application therefor.
C.R.S. § 28-3-1405 — CO Code / Title 28 / Article 3 / Part 14 / Section 28-3-1405
28-3-1405. Installment contracts - purchase of property
Status: in_force

28-3-1405. Installment contracts - purchase of property. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), a creditor who has received a deposit or installment of the purchase price under an installment contract for the purchase of real or personal property from a person who, after the date of the payment of such deposit or installment, is called to state military service or state defense force active duty as described in section 28-3-1402, may not:

(I) Exercise any right or option under said contract to rescind or terminate the contract; or

(II) Resume possession of the property.

(b) A creditor described in paragraph (a) of this subsection (1) may rescind or terminate the installment contract or resume possession of the property for nonpayment if:

(I) The person, within thirty days after being called to said service or duty, has not provided the creditor with written notice of the service or duty;

(II) A court of competent jurisdiction has affirmatively authorized such rescission, termination, or possession; or

(III) The nonpayment of any installment under the installment contract or any other breach of the terms thereof did not occur during the period of the service or duty or for thirty days thereafter.

(2) (a) Upon hearing said action, a court may order the repayment of prior installments or deposits or any part thereof as a condition of terminating the contract and resuming possession of the property.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), a 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.
C.R.S. § 28-3.1-547 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-547
28-3.1-547. Frauds against the government
Status: in_force

28-3.1-547. Frauds against the government. (1) Any person subject to this code shall be punished as a court-martial directs if he or she:

(a) Knowing it to be false or fraudulent, makes any claim against the United States, the state, or any officer thereof or presents to any person in the civil or military service, for approval or payment, any claim against the United States, the state, or any officer thereof;

(b) For the purpose of obtaining the approval, allowance, or payment of any claim against the United States, the state, or any officer thereof, makes or uses any writing or other paper knowing it to contain any false or fraudulent statements, makes any oath to any fact or to any writing or other paper knowing the oath to be false, or forges or counterfeits any signature upon any writing or other paper or uses any such signature knowing it to be forged or counterfeited;

(c) Having charge, possession, custody, or control of any money or other property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, knowingly delivers to any person having authority to receive it any amount thereof less than that for which he or she receives a certificate or receipt; or

(d) Being authorized to make or deliver any paper certifying the receipt of any property of the United States or the state, furnished or intended for the armed forces of the United States or the state military forces, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the United States or the state.
C.R.S. § 28-4-111 — CO Code / Title 28 / Article 4 / Section 28-4-111
28-4-111. Civil groups not enlisted as units
Status: in_force

28-4-111. Civil groups not enlisted as units. No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league, or other combination of persons or civil group shall be enlisted in such forces as an organization or unit.
C.R.S. § 28-4-101 — CO Code / Title 28 / Article 4 / Section 28-4-101
28-4-101. Short title
Status: in_force

28-4-101. Short title. This article shall be known and may be cited as the "State Defense Force Act".
C.R.S. § 28-3-610 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-610
28-3-610. Private employees - benefits retained
Status: in_force

28-3-610. Private employees - benefits retained. Such absence for military training will in no way affect the employee's right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment normally to be anticipated in his or her particular position.
C.R.S. § 28-3.1-312 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-312
28-3.1-312. Refusal to appear or testify
Status: in_force

28-3.1-312. Refusal to appear or testify. (1) Any person not subject to this code who has been subpoenaed to appear as a witness or to produce books and records before a military court or before a military or civil officer designated to take a deposition to be read in evidence before such a court and who willfully neglects or refuses to appear, refuses to qualify as a witness, refuses to testify, or refuses to produce any evidence commits a petty offense and shall be punished as provided in section 18-1.3-503.

(2) Upon the certification of the facts in subsection (1) of this section by the military court or tribunal to the district attorney of the county where the offense occurred, the district attorney shall prosecute the accused in any court of record, and jurisdiction is hereby conferred upon such courts for this purpose.
C.R.S. § 28-3-610.5 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-610.5
28-3-610.5. Private employees - state service - reemployment rights - benefits retained
Status: in_force

28-3-610.5. Private employees - state service - reemployment rights - benefits retained. (1) A private employee who is a duly qualified member of the Colorado National Guard who leaves or who is absent from the employee's employment, regardless of the length of the absence, in order to engage in active service for state purposes pursuant to section 28-3-104:

(a) Is entitled to the reemployment rights for members described in section 28-3-609, so long as the employee otherwise meets the requirements of section 28-3-609;

(b) Retains the right to the employee benefits described in section 28-3-610; and

(c) Is entitled to use any paid leave available to the employee or to use unpaid leave.
C.R.S. § 28-3.1-316 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-316
28-3.1-316. Voting and rulings
Status: in_force

28-3.1-316. Voting and rulings. (1) Voting by members of a general or special court-martial on questions of challenge, on the findings, and on the sentence shall be by secret written ballot. The junior member in rank of the court shall count the votes. The count shall be checked by the president, who shall forthwith announce the result of the ballot to the members of the court.

(2) The military judge of a general or special court-martial shall rule upon interlocutory questions, other than a challenge, arising during the proceedings. Any ruling made by the military judge upon any interlocutory question, other than a motion for a finding of not guilty or the question of the accused's sanity, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial; except that he or she may not change a ruling on a motion for a finding of not guilty that was granted. Unless the ruling is final, if any member objects thereto, the court shall be cleared and closed and the question decided by a voice vote as provided in section 28-3.1-317, beginning with the junior member in rank.

(3) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:

(a) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;

(b) That, in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;

(c) That, if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and

(d) That the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the prosecution.

(4) The provisions of subsections (1), (2), and (3) of this section shall not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum decision is filed, it shall be sufficient if the findings of fact appear therein.
C.R.S. § 28-3-1603 — CO Code / Title 28 / Article 3 / Part 16 / Section 28-3-1603
28-3-1603. Location of National Guard facilities
Status: in_force

28-3-1603. Location of National Guard facilities. The department, in preparing, developing, constructing, and maintaining the guard facilities, may use for such purposes a parcel consisting of approximately thirty-five acres, as determined by the facilities master plan, of existing improved and unimproved property surrounding the western slope military veterans' cemetery within the eastern portion of the real property known as the Grand Junction regional center; except that the parcel shall not include the approximately twenty acres currently serving the western slope military veterans' cemetery. The department shall enter into all necessary agreements to secure the appropriate property rights for such parcel, including the shared use of the existing structure in cooperation with the department of human services. The general assembly requests the department of human services and the state board of land commissioners to transfer, without compensation, appropriate rights to the property described in this section to the department within two months of the completion of a legal survey of the property described in this section.
C.R.S. § 28-3.1-529 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-529
28-3.1-529. Misconduct of a prisoner
Status: in_force

28-3.1-529. Misconduct of a prisoner. (1) Any person subject to this code shall be punished as a court-martial directs when he or she, while in the hands of the enemy or any hostile force:

(a) For the purpose of securing favorable treatment by his or her captors, acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others held by the enemy or any hostile force as civilian or military prisoners; or

(b) While in a position of authority over prisoners maltreats them without justifiable cause.
C.R.S. § 28-4-103.5 — CO Code / Title 28 / Article 4 / Section 28-4-103.5
28-4-103.5. Persons subject to military duty - state defense force
Status: in_force

28-4-103.5. Persons subject to military duty - state defense force. (1) Every able-bodied male citizen of Colorado and those who have declared their intention to become citizens of the United States residing therein between the ages of eighteen and sixty-four years, except persons exempt by law, are subject to military duty in the state defense force. However, the following persons or classes of persons are exempted from military service:

(a) Persons exempt by any statute of this state;

(b) The members of any regularly organized fire or police department of any city, county, city and county, or town if such members are on full-time duty with the fire or police departments or if such members are found by the governor to be necessary for the health, welfare, or protection of the community;

(c) Those permanently disqualified for military service because of physical disability and having in their possession a certificate of some licensed physician or advanced practice registered nurse or surgeon that describes the nature thereof;

(d) Justices, judges, and clerks of courts of record, clerks of municipal courts, county clerk and recorders, sheriffs, and ministers of the gospel;

(e) Practicing physicians, officers and assistants of hospitals, prisons, and jails whose services are declared by the governor to be necessary for the general health, welfare, or protection of the community;

(f) Persons determined to be mentally incompetent by a court of competent jurisdiction and persons convicted of a felony and not pardoned;

(g) All persons who because of religious beliefs claim exemption from military service, if the conscientious holding of such belief by such persons is established under such regulations as the governor prescribes. Such persons shall be exempted from military service in a combat capacity, but no person so exempted shall be exempt from military service in any capacity which the governor declares to be noncombatant.
C.R.S. § 28-5-707 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-707
28-5-707. Assistance to county veterans service officers - repeal
Status: repealed

28-5-707. Assistance to county veterans service officers - repeal. (1) (a) The division shall provide satisfactory monitoring, direction, and assistance to all county veterans service officers and shall provide services to the county veterans service officers as the division determines necessary. Out of any money appropriated by the general assembly to the division for support to county veterans service officers, the division shall issue vouchers for the payment to the general fund of a county eligible to receive payment, to be disbursed upon the authority of the county commissioners only for performance of the purposes of this part 7 and part 8 of this article 5.The division shall annually establish the hourly rate of state-funded payments for county veterans service officers who are qualified to serve pursuant to section 28-5-802, based on the available appropriation by the general assembly.

(a.5) (I) On or before August 30, 2024, the division shall convene a working group for the purpose of consulting with county commissioners regarding the development of a method for distributing state-funded payments for county veterans service officers. The working group must include three county commissioners, recommended for appointment to the working group by a statewide association of county commissioners.

(II) The division must finalize a method for distributing state-funded payments for county veterans service officers by no later than December 31, 2024.

(III) This subsection (1)(a.5) is repealed, effective July 1, 2026.

(b) If adjacent counties jointly establish a veterans service office for the counties pursuant to section 28-5-801 (2), the division may issue a voucher to the general fund of the county that employs the veterans service officers in an amount equal to the total of the payments that would have been provided to each of the counties pursuant to subsection (1)(a) of this section.

(2) The division shall make the payments described in subsection (1) of this section to the county commissioners upon application by the county commissioners. The county commissioners must submit the application for payment at the time and in the form and manner prescribed by the division.
C.R.S. § 28-3.1-605 — CO Code / Title 28 / Article 3.1 / Part 6 / Section 28-3.1-605
28-3.1-605. Redress of injuries to property
Status: in_force

28-3.1-605. Redress of injuries to property. (1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his or her property has been wrongfully taken by members of the state military forces, said commanding officer may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. The board shall consist of one to three commissioned officers and, for the purpose of that investigation, the board has power to summon witnesses and examine them under oath, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer and, in the amount approved by the commanding officer, shall be charged against the pay of the offenders. The order of the commanding officer directing such charges is conclusive on any disbursing officer for the payment by him or her to the injured parties of the damages so assessed and approved.

(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board.

(3) Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his or her behalf, and to cross-examine those appearing against him or her.
C.R.S. § 28-5-206 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-206
28-5-206. Appointment of guardian - petition
Status: in_force

28-5-206. Appointment of guardian - petition. (1) A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file a petition. If there is no person so authorized or if the person so authorized refuses or fails to file such a petition within thirty days after mailing of notice by the veterans administration to the last-known address of the person, if any, indicating the necessity for the same, a petition for appointment may be filed by any resident of this state.

(2) The petition for appointment shall set forth the name, age, and place of residence of the ward, the name and place of residence of the nearest relative, if known, and the fact that the ward is entitled to receive benefits payable by or through the veterans administration and shall set forth the amount of money then due and the amount of probable future payments.

(3) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward and the name, age, relationship, if any, occupation, and address of the proposed guardian, and if the nominee is a natural person, the number of wards for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian if the court determines it is for the best interest of the ward.

(4) In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent by the veterans administration on examination in accordance with the laws and regulations governing the veterans administration.
C.R.S. § 28-3.1-606 — CO Code / Title 28 / Article 3.1 / Part 6 / Section 28-3.1-606
28-3.1-606. Presumption of jurisdiction
Status: in_force

28-3.1-606. Presumption of jurisdiction. The jurisdiction of the military courts and boards established by this code shall be presumed, and the burden of proof rests on any person seeking to invalidate the jurisdiction of those courts or boards of jurisdiction in any action or proceeding.
C.R.S. § 28-5-501 — CO Code / Title 28 / Article 5 / Part 5 / Section 28-5-501
28-5-501. Short title
Status: in_force

28-5-501. Short title. This part 5 shall be known and may be cited as the "Interment of Deceased Veterans Act of 2002".
C.R.S. § 28-5-218 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-218
28-5-218. Discharge of guardian - release of sureties
Status: in_force

28-5-218. Discharge of guardian - release of sureties. A certificate by the veterans administration showing that a minor has attained majority or that an adult ward has been rated competent by the veterans administration upon examination made in accordance with the law shall be prima facie evidence that the minor has attained majority or that the adult ward's property no longer requires court supervision. Upon hearing after notice as provided by this part 2 and the entry of a record determination by the court that the guardianship is to be dispensed with, the guardian shall be directed by the court to file a final account. Upon hearing after notice to the former ward and to the veterans administration as in case of other accounts, upon approval of the final account and upon delivery to the ward of the assets due him or her from the guardian, the guardian shall be discharged and his or her sureties released.
C.R.S. § 28-3-1601 — CO Code / Title 28 / Article 3 / Part 16 / Section 28-3-1601
28-3-1601. Legislative declaration
Status: in_force

28-3-1601. Legislative declaration. (1) The general assembly hereby finds and declares that there are no suitable National Guard training and maintenance facilities in the Grand Junction area to serve the members of the Colorado National Guard and the state. The general assembly believes that the state owes a duty to all of its National Guard members to assist in providing adequate training and maintenance facilities.

(2) The property specified to be used for the purpose described in subsection (1) of this section was received from the federal government to be used for any public purpose authorized by the general assembly. The general assembly hereby declares the specified property should be used for National Guard training and maintenance facilities and the requested transfers of appropriate property rights from the department of human services and the state board of land commissioners to the department should be made without compensation.
C.R.S. § 28-3-101 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-101
28-3-101. Definitions
Status: in_force

28-3-101. Definitions. As used in this article 3, unless the context otherwise requires:

(1) "Active service" means full-time service on behalf of the state when ordered by competent authority.

(2) "Armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard of the United States.

(3) "Board" means the Colorado board of veterans affairs.

(4) "County veterans service officer" means any person appointed to serve as such pursuant to section 28-5-801.

(5) "Department" means the department of military and veterans affairs created and existing pursuant to section 24-1-127, C.R.S.

(6) "Director" means the director of the division of veterans affairs.

(7) "Division" or "division of veterans affairs" means the division of veterans affairs created and existing within the department of military and veterans affairs.

(8) "In the service of the United States" and "not in the service of the United States" mean the same as such terms are used in the "National Defense Act of Congress", approved June 3, 1916, and amendments thereto.

(9) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown &Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.

(10) "Military forces" includes the federally recognized National Guard and any other organizations or components of the organized militia as may be created by the governor pursuant to federal or state law.

(11) "Military service" means service in any of the armed forces of the state of Colorado or the United States.

(12) "National Guard" includes the Army National Guard and the Air National Guard.

(13) "On duty" includes periods of drill and such other training and service as may be required under state or federal law, regulations, or orders.

(13.5) "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.

(13.7) "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.

(14) "Trust fund" means the Colorado state veterans trust fund created in section 28-5-709.

(15) "Veteran" means a person who served in the active military, naval, or air service of the United States, and who was discharged or released therefrom under conditions other than dishonorable.
C.R.S. § 28-3-402 — CO Code / Title 28 / Article 3 / Part 4 / Section 28-3-402
28-3-402. Enlistment contract - form - oath
Status: in_force

28-3-402. Enlistment contract - form - oath. Every person enlisting in the military forces shall sign an enlistment contract in the form prescribed by the adjutant general and shall subscribe to the following oath or affirmation: "I hereby acknowledge to have voluntarily enlisted this ............ day of ............ 20...., in the .................. for the period of three (or one) years, under the conditions prescribed by law, unless sooner discharged by proper authority. And I do solemnly swear that I will bear true faith and allegiance to the United States of America and the state of Colorado; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the president of the United States and the governor of the state of Colorado and the officers appointed over me according to law and the rules and articles of war." However, the words "the president of the United States and" shall be omitted in the case of personnel enlisting in forces not subject to federal service.
C.R.S. § 28-3-901 — CO Code / Title 28 / Article 3 / Part 9 / Section 28-3-901
28-3-901. Organization assemblies and exercises
Status: in_force

28-3-901. Organization assemblies and exercises. Each organization shall assemble for drill and instruction and shall participate in encampments, maneuvers, and other exercises at such time and places and for such periods as may be prescribed by the governor in accordance with the requirements of the state or federal law.
C.R.S. § 28-3.1-534 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-534
28-3.1-534. Impaired on duty - leaving or sleeping on post
Status: in_force

28-3.1-534. Impaired on duty - leaving or sleeping on post. Any person subject to this code who is found impaired by alcohol, marijuana, drugs, or intoxicants of any kind, or any combination thereof, on duty or sleeping upon his or her post or who leaves his or her post before he or she is regularly relieved shall be punished as a court-martial directs.
C.R.S. § 28-3.1-310 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-310
28-3.1-310. Pleas of the accused
Status: in_force

28-3.1-310. Pleas of the accused. (1) If an accused, after arraignment, makes an irregular pleading or, after a plea of guilty, sets up matter inconsistent with the plea, or if it appears that an accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if an accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he or she had pleaded not guilty.

(2) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by the regulations of the governor, be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
C.R.S. § 28-3.1-103 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-103
28-3.1-103. Persons subject to this code
Status: in_force

28-3.1-103. Persons subject to this code. This code applies to all members of the state military forces.
C.R.S. § 28-3.1-531 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-531
28-3.1-531. Military property - loss, damage, destruction, or wrongful disposition
Status: in_force

28-3.1-531. Military property - loss, damage, destruction, or wrongful disposition. Any person subject to this code who without proper authority sells or otherwise disposes of, willfully or through neglect damages, destroys, or loses, or willfully or through neglect suffers to be damaged, destroyed, sold, or wrongfully disposed of any military property of the United States or of the state shall be punished as a court-martial directs.
C.R.S. § 28-3.1-114 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-114
28-3.1-114. Commanding officer's nonjudicial punishment
Status: in_force

28-3.1-114. Commanding officer's nonjudicial punishment. (1) Punishment may be imposed for any offense cognizable by a court-martial upon any member of the state military forces under this section. Under such regulations as the governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized and the levels of commanding officers and warrant officers exercising command authorized to exercise those powers. If authorized by regulations of the governor, the governor or an officer of general rank in command may delegate his or her powers under this section to a principal assistant. If subject to disciplinary punishment, the accused must be afforded the opportunity to be represented by defense counsel having the qualifications prescribed under section 28-3.1-102 (10), if available. Otherwise, the accused must be afforded the opportunity to be represented by any available commissioned officer of his or her choice. The accused may also employ civilian counsel of his or her own choosing at his or her own expense. In all proceedings, the accused is allowed three duty days, or longer on written justification, to reply to the notification of intent to impose punishment under this section.

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

(a) Upon an officer of his or her command:

(I) Withholding of privileges for not more than two weeks, which need not be consecutive;

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

(III) If imposed by the governor, the adjutant general, or a commanding officer of the Army or National Guard, a fine or forfeiture of pay and allowance of not more than the amount of pay and allowance received for two unit training assemblies or two days of annual training, whichever is applicable according to duty status;

(IV) An admonition; or

(V) A reprimand;

(b) Upon other military personnel of his or her command:

(I) Withholding of privileges for not more than two weeks, which need not be consecutive;

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

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

(IV) Reduction to next inferior grade if the grade from which he or she was demoted was established by the command or an equivalent or lower command; or

(V) A fine of any amount up to the maximum pay and allowances received for two unit training assemblies or two days of annual training, whichever is applicable according to duty status.

(2.5) If the commanding officer is of field grade, grade of O-4 or rank of major or above, he or she may impose on an enlisted member any one or a combination of the following disciplinary punishments without the intervention of a court-martial:

(a) Any of the punishments stated in subsections (2)(b)(I) to (2)(b)(III) of this section;

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

(c) Reduction to the lowest or any intermediate pay grade, if the current grade from which he or she is demoted is within the promotion authority of the officer imposing the reduction or an officer subordinate to the one imposing the reduction, but enlisted members in military grades above E-4 may not be reduced by more than two military grades.

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

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

(4.4) Maximum allowable punishments of withholding of privileges, restrictions, and extra duties may not be combined to run consecutively.

(4.7) The officer who imposes the punishment pursuant to this section, or the successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may:

(a) Mitigate reduction in grade to forfeiture of pay;

(b) Mitigate arrest in quarters to restriction; or

(c) Mitigate extra duties to restriction.

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

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

(7) Whenever a punishment of forfeiture of pay and allowances is imposed under this section, the forfeiture may apply to pay or allowances accruing on and after the date that punishment is imposed and to pay and allowances accrued before that date.
C.R.S. § 28-5-703.5 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-703.5
28-5-703.5. Notice to revisor of statutes - repeal
Status: repealed

28-5-703.5. Notice to revisor of statutes - repeal. (Repealed)
C.R.S. § 28-3-404 — CO Code / Title 28 / Article 3 / Part 4 / Section 28-3-404
28-3-404. Honorable discharge
Status: in_force

28-3-404. Honorable discharge. An enlisted person discharged from service in the National Guard shall receive a discharge in writing in such form and with such classification as is prescribed by federal law, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such regulations as the federal authorities may prescribe.
C.R.S. § 28-3-312 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-312
28-3-312. Retirement of officers
Status: in_force

28-3-312. Retirement of officers. Officers may voluntarily retire and be placed on the retirement list if they have qualified for such retirement under the provisions of federal law. Officers may be involuntarily retired and placed on the retirement list if under federal law such retirement becomes mandatory.
C.R.S. § 28-3.1-409 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-409
28-3.1-409. Rehearings
Status: in_force

28-3.1-409. Rehearings. (1) If the convening authority disapproves the findings and sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case, he or she shall state the reasons for disapproval. If he or she disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.

(2) Each rehearing shall take place before a court-martial whose composition shall not include any member or military judge of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed unless the sentence is based upon a finding of guilty of an offense considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory.
C.R.S. § 28-5-710 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-710
28-5-710. Board of veterans affairs - world war II memorial dedication - fund - grants - r
Status: repealed

28-5-710. Board of veterans affairs - world war II memorial dedication - fund - grants - repeal. (Repealed)
C.R.S. § 28-3-601 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-601
28-3-601. Public employees - annual military leave
Status: in_force

28-3-601. Public employees - annual military leave. (1) Subject to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who is a member of the National Guard or any other component of the military forces of the state organized or constituted under state or federal law or who is a member of the reserve forces of the United States, organized or constituted under federal law, is entitled to leave of absence from the officer's or employee's public office or employment without loss of pay, seniority, status, efficiency rating, vacation, sick leave, or other benefits for the entire time the officer or employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, but not exceeding the equivalent of three weeks of work on the officer's or employee's regular work schedule in the leave year established by the employer. The employer shall allow the leave if the required military service is satisfactorily performed, which is presumed unless the contrary is established.

(2) Such leave shall not be allowed unless the officer or employee returns to his or her public position immediately on being relieved from such military service and not later than the expiration of the time limited in subsection (1) of this section for such leave, or is prevented from so returning by physical or mental disability or other cause not due to his or her own fault, or is required by proper authority to continue in such military service beyond the time limited in subsection (1) of this section for such leave.
C.R.S. § 28-5-210 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-210
28-5-210. Bond of guardian
Status: in_force

28-5-210. Bond of guardian. (1) Upon the appointment of a guardian, he or she shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under the general guardianship laws of this state. The court may from time to time require the guardian to file an additional bond.

(2) Where a bond is tendered by a guardian with personal sureties, there shall be at least two such sureties, and they shall file with the court a certificate under oath which describes the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all his or her debts and liabilities and the aggregate of other bonds on which he or she is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.
C.R.S. § 28-3.1-504 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-504
28-3.1-504. Attempt to commit offense
Status: in_force

28-3.1-504. Attempt to commit offense. (1) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending even though failing to effect its commission, is an attempt to commit that offense.

(2) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial directs, unless otherwise specifically prescribed.

(3) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
C.R.S. § 28-3-1216 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1216
28-3-1216. Command tour ribbon
Status: repealed

28-3-1216. Command tour ribbon. (Repealed)
C.R.S. § 28-5-211 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-211
28-5-211. Accounts of securities - notices and hearings
Status: in_force

28-5-211. Accounts of securities - notices and hearings. (1) Every guardian who has received or who shall receive on account of his or her ward any moneys or other thing of value from the veterans administration shall file with the court annually, on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys or other things of value so received by him or her, all earnings, interest, or profits derived therefrom, and all property acquired therewith and of all disbursements therefrom, and showing the balance thereof in his or her hands at the date of the account and how invested.

(2) The guardian, at the time of filing any account, shall exhibit all securities or investments held by him or her to an officer of the bank or other depository wherein said securities or investments are held for safekeeping, or to an authorized representative of the corporation which is surety on his or her bond, or to the judge or clerk of a court of record in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that he or she has examined the securities or investments and identified them with those described in the account and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate, and one of each shall be filed by the guardian with his or her account.

(3) At the time of filing in the court any account, a certified copy thereof and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the veterans administration having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of any petition, motion, or other pleading pertaining to an account or to any matter other than an account and which is filed in the guardianship proceedings shall be furnished by the person filing the same to the proper office of the veterans administration. Unless hearing is waived in writing by the attorney of the veterans administration and by all other persons, if any, entitled to notice, including the surety on the guardian's bond, the court shall fix a time and place for the hearing on the account, petition, motion, or other pleading not less than fifteen days nor more than thirty days from the date same is filed, unless a different available date is stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the veterans administration office concerned and the guardian and any others entitled to notice not less than fifteen days prior to the date fixed for the hearing. The notice may be given by mail, in which event it shall be deposited in the mails not less than fifteen days prior to said date. The court or clerk thereof shall mail to said veterans administration office a copy of each order entered in any guardianship proceeding wherein the administrator is an interested party.

(4) If the guardian is accountable for property derived from sources other than the veterans administration, he or she shall be accountable as is or may be required under the applicable law of this state pertaining to the property of minors or persons of unsound mind who are not beneficiaries of the veterans administration and as to such other property shall be entitled to the compensation provided by such law. The account for other property may be combined with the account filed in accordance with this section.
C.R.S. § 28-3-607 — CO Code / Title 28 / Article 3 / Part 6 / Section 28-3-607
28-3-607. Public employees - substitute during service
Status: in_force

28-3-607. Public employees - substitute during service. If a public officer or employee is absent with leave under the provisions of the preceding sections and if it is necessary in the public interest to provide for the performance of the duties of his or her position during such absence, the authority having power to fill a vacancy in the position may appoint a substitute, to be known as acting incumbent, who shall qualify as required for the regular incumbent, shall receive the same compensation as fixed by law or otherwise such compensation as may be fixed by proper authority, and shall have all the power and perform all the duties of the position until the return of the regular incumbent; except that this shall not preclude the making of any other provision for the discharge of the duties of the position which may be otherwise authorized by law.
C.R.S. § 28-1-101 — CO Code / Title 28 / Article 1 / Section 28-1-101
28-1-101. Colorado division of civil air patrol - publication - benefits
Status: repealed

28-1-101. Colorado division of civil air patrol - publication - benefits. (1) (a) There is created and established in the department of military and veterans affairs the Colorado division of civil air patrol. The division is a type 1 entity, as defined in section 24-1-105. The mission of the division is to provide support for and facilitate the operation of the civil air patrol, Colorado wing, which is under the command and control of the duly appointed commanding officer of the wing. On and after July 1, 2004, the head of the division is appointed by the adjutant general acting on behalf of the governor and in consultation with the duly appointed commanding officer of the civil air patrol, Colorado wing. Warrants are drawn against appropriations made for the division upon vouchers issued and signed by the head of the division.

(b) All active officers in the civil air patrol, Colorado wing, including the duly appointed commanding officer of the civil air patrol, Colorado wing, shall be eligible to be appointed as the head of the Colorado division of civil air patrol by the adjutant general.

(2) Repealed.

(3) Publications of the division circulated in quantity outside the executive branch, to be paid for in whole or in part out of state-appropriated funds, shall be issued in accordance with the provisions of section 24-1-136, C.R.S.

(4) Members of the civil air patrol, Colorado wing, shall be eligible for benefits under the "Workers' Compensation Act of Colorado". Premiums for such coverage shall be included in annual appropriations by the general assembly.
C.R.S. § 28-3.1-212 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-212
28-3.1-212. Detail or employment of reporters and interpreters
Status: in_force

28-3.1-212. Detail or employment of reporters and interpreters. The convening authority of a general court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of testimony taken before that court or, in the alternative, may utilize sound recording equipment. The convening authority of a special court-martial may detail or employ qualified court reporters who shall record the proceedings of testimony taken before that court. The convening authority of a military court may appoint interpreters who shall interpret for the court.
C.R.S. § 28-5-708 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-708
28-5-708. Western slope veterans' cemetery - fund - rules
Status: in_force

28-5-708. Western slope veterans' cemetery - fund - rules. (1) (a) There is hereby established in the state treasury the western slope military veterans' cemetery fund, referred to in this section as the "fund". The division is authorized to accept and expend gifts, grants, contributions, and donations for the purposes of this section. The fund shall consist of such moneys received through gifts, grants, contributions, or donations, from any person or entity, and any moneys appropriated to the fund by the general assembly. Any interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

(b) Subject to available appropriations, the division may contract for professional services necessary for the implementation of this section.

(2) (a) The general assembly hereby authorizes the establishment and maintenance of a state military veterans' cemetery for the western slope, referred to in this section as the "cemetery". The division is directed to prepare, develop, construct, and maintain such cemetery at the site described in paragraph (b) of subsection (3) of this section. The division may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain such cemetery. The cemetery shall be for the purpose of providing for the interment of Colorado residents who are military veterans and their spouses and dependents, as determined by the division. In addition, the adjutant general by rule may permit the interment of other veterans and their spouses and dependents in the cemetery and permit the division to assess a reasonable fee for the interment of such non-Colorado residents. All such fees collected shall be credited to the fund created pursuant to paragraph (a) of subsection (1) of this section. The adjutant general, in consultation with the board, shall promulgate such rules as may be necessary to establish and maintain the cemetery in compliance with applicable state and federal statutes and rules.

(b) The general assembly may appropriate moneys from the general fund to the fund for the implementation of this section, including but not limited to the payment of costs associated with the operation and maintenance of the cemetery.

(c) (I) If the entire general fund appropriation made to the department of human services, for allocation to the division of veterans affairs, for the fiscal year that commenced on July 1, 1999, is not needed to pay the costs for design and construction of the cemetery, the remainder of such appropriation may be used prior to July 1, 2002, by the department of human services and on or after July 1, 2002, by the department to pay any costs associated with the operation and maintenance of the cemetery without further appropriation by the general assembly.

(II) Any appropriation made on and after July 1, 2002, for the operation and maintenance of the cemetery shall be appropriated to the department of military and veterans affairs.

(3) (a) The general assembly hereby finds, determines, and declares that any use of the property described in paragraph (b) of this subsection (3) as the cemetery 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.

(b) The division, in preparing, developing, constructing, and maintaining the cemetery, may use for such purposes a parcel consisting of approximately twenty acres of unimproved property within the eastern portion of the real property known as the Grand Junction regional center and shall enter into all necessary agreements to secure the appropriate property rights for such parcel.

(4) The division is hereby authorized to provide for surveys, engineering studies, conceptual and architectural plans, environmental impact studies, and other similar preliminary design and construction work as part of the pre-application for funding approval by the federal department of veterans affairs for the cemetery. The division is authorized to seek full reimbursement for such pre-application and design work from the federal department of veterans affairs.

(5) The general assembly shall appropriate annually from the fund to the department, for allocation to the division, for any costs associated with the operation and maintenance of the cemetery and for the implementation of this section.
C.R.S. § 28-5-705 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-705
28-5-705. Duties
Status: in_force

28-5-705. Duties. (1) The division, in accordance with its rules, shall perform the following duties and functions:

(a) (I) Formulate, establish, and administer a plan and standard procedures to further prompt and efficient service to all veterans in the state of Colorado on a uniform basis, whether by the division or by any county veterans service office;

(II) Establish and maintain liaison with all county veterans service officers and advise them of such plan and procedures;

(III) Make reasonable requests of such county veterans service officers for their cooperation in the execution of such plan and procedures and in the handling of veterans' cases and other matters;

(IV) Maintain liaison with the veterans administration and other appropriate agencies of the federal government;

(V) Provide all county veterans service officers with pertinent information, suggestions, forms, rulings, and other material in such form and in such manner as the division may deem appropriate to assist all county veterans service officers in the performance of their duties;

(VI) Distribute to such county veterans service officers any available bulletins, manuals, pamphlets, or other appropriate material, prepared either by the division or elsewhere, for the purposes stated in this section; and

(VII) Do such additional things, including the holding of conferences, whenever advisable, with the county veterans service officers either in their counties or in the office of the division or elsewhere and either singly or in groups, as the division may deem advisable to assist such officers in the proper performance of their duties and to keep them properly advised of current developments in the veterans' field;

(b) Render personal service to members and former members, or the surviving spouses, administrators, executors, conservators, guardians, or heirs of members or former members, of the Colorado state defense force and the Colorado National Guard in any claim they may have against the state or federal government;

(c) Assist all discharged members of the armed forces of the United States, the surviving spouses, administrators, executors, conservators, guardians, or heirs of any such veterans, or any other persons who may have proper claims by filing and prosecuting such claims on behalf of such persons for insurance, pensions, compensation, hospitalization, vocational training, education, loans, readjustment allowances, or any other benefits which such persons may be or may become entitled to receive under any of the laws of the United States, the state of Colorado, or any other state by reason of such service;

(d) Cooperate with and assist veterans' organizations, county veterans service officers, veterans' advisory groups, and all other organizations, now in existence or formed on or after July 1, 1973, which provide assistance to those persons mentioned in paragraph (c) of this subsection (1);

(e) Perform services in this state for the veterans administration on a contractual, grant, or other basis, and perform such other duties and render such other services in furtherance of the purposes of this article or any other law in providing reasonable and proper assistance to veterans;

(f) Establish a training and certification program for newly appointed county veterans service officers. Such program shall be presented to the board for approval prior to implementation or modification.

(g) Prepare, develop, construct, and maintain a state military veterans' cemetery pursuant to section 28-5-708 and seek reimbursement from the federal department of veterans affairs for all allowable costs for the project as permitted by federal law; and

(h) Make reasonable efforts to notify members of the armed forces of the United States who are planning their return to civilian life and are located in Colorado, or intend to relocate to Colorado upon discharge, of the requirements in sections 12-20-202 (1)(b), (1)(d), (1)(e), (2), (3), and (4) and 42-2-403.

(i) Establish a consistent and uniform process to determine whether a veteran qualifies as a discharged LGBT veteran, as described in section 28-5-103.
C.R.S. § 28-3.1-506 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-506
28-3.1-506. Solicitation
Status: in_force

28-3.1-506. Solicitation. (1) Any person subject to this code who solicits or advises another to desert in violation of section 28-3.1-509 or mutiny in violation of section 28-3.1-518 shall be punished as a court-martial directs.

(2) Any person subject to this code who solicits or advises another to commit an act of misbehavior before the enemy or any hostile force in violation of section 28-3.1-523 or sedition in violation of section 28-3.1-518 shall be punished as court-martial directs.
C.R.S. § 28-5-714 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-714
28-5-714. Veterans mental health services program - report - rules - definitions
Status: in_force

28-5-714. Veterans mental health services program - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Division" means the division of veterans affairs in the department of military and veterans affairs.

(b) "Eligible veteran" means a veteran who lives in a veterans community living center, as defined in section 26-12-102.

(c) "Program" means the veterans mental health services program established in this section.

(d) "Provider" means a licensed psychiatrist regulated pursuant to article 240 of title 12 or any of the following licensees, certified professionals, or candidates regulated pursuant to article 245 of title 12:

(I) A licensed psychologist or psychologist candidate;

(II) A licensed social worker, licensed clinical social worker, or clinical social worker candidate;

(III) A licensed marriage and family therapist or marriage and family therapist candidate;

(IV) A licensed professional counselor or licensed professional counselor candidate;

(V) A licensed addiction counselor, certified addiction specialist, or addiction counselor candidate; or

(VI) An advanced practice registered nurse licensed pursuant to article 255 of title 12.

(e) "Telehealth" has the same meaning as set forth in section 10-16-123.

(2) (a) There is established in the division a veterans mental health services program to promote access to mental health services for eligible veterans by reimbursing providers for sessions with an eligible veteran.

(b) The division shall reimburse providers who participate in the program for mental health-care sessions, either in person or by telehealth, with eligible veterans. Each eligible veteran may receive twenty-six reimbursed sessions per year. Subject to available appropriations, an eligible veteran may receive, and the division shall reimburse a provider for, additional reimbursed sessions if a provider determines additional sessions are necessary.

(c) To be eligible to participate in and receive reimbursement from the program, a provider must be available to provide at least four mental health-care sessions to each eligible veteran the provider accepts as a client.

(d) The behavioral health administration established in section 27-50-102 shall coordinate with the division to continue and expand the program using the money transferred pursuant to section 39-37-301 (2)(a)(II), to the behavioral and mental health cash fund, created in section 24-75-230 (2)(a), in accordance with section 24-75-230 (3.5) and shall post on its website a list of providers who participate in the program.

(3) In order to participate in the program, a veteran shall show a provider who is participating in the program a valid military or federal veterans administration identification card that includes a photo of the veteran and attest to the provider that the veteran has exhausted the annual number of sessions with a mental health-care provider covered by the veteran's federal veterans administration benefits.

(4) The division shall:

(a) Develop a process consistent with the requirements of this section for providers to apply for and demonstrate eligibility to receive reimbursement from the program;

(b) Upon reimbursing a provider for a mental health-care session with an eligible veteran, inform the provider of the veteran's remaining number of sessions eligible for reimbursement that year; and

(c) Determine a reasonable rate of reimbursement for each mental health-care session with an eligible veteran pursuant to the program, which rate must be the same regardless of whether the appointment is for a telehealth or an in-person appointment.

(5) The adjutant general, in consultation with the board of veterans affairs, shall promulgate rules necessary for the administration of this section.

(6) No later than December 31, 2024, the department of military and veterans affairs shall deliver a report about the program to the house of representatives state, civic, military, and veterans affairs committee and the senate state, veterans, and military affairs committee, or their successor committees. The report must include data and information about participation in the program and the effectiveness of the program as determined by the department. The department shall not include in the report personally identifiable information that may be used, alone or in conjunction with any other information, to identify a specific individual.
C.R.S. § 28-5-504 — CO Code / Title 28 / Article 5 / Part 5 / Section 28-5-504
28-5-504. County of residence
Status: in_force

28-5-504. County of residence. If the expenses of burial and setting of headstones are paid by the county in which the deceased person is buried, but such deceased person resided in another county in this state at the time of death, the county of residence shall reimburse such expenses to the county wherein the deceased is buried. Such expenses shall be audited and paid as other accounts are audited and paid by the county.
C.R.S. § 28-3-1205 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1205
28-3-1205. Lapel button
Status: in_force

28-3-1205. Lapel button. The department shall, upon request and without cost, give a lapel button denoting membership in the Colorado National Guard to any actively participating officer and enlisted person.
C.R.S. § 28-4-106 — CO Code / Title 28 / Article 4 / Section 28-4-106
28-4-106. Pay - members - employees of state
Status: in_force

28-4-106. Pay - members - employees of state. All officers and enlisted persons of the Colorado state defense force when on state defense force active duty by order of the governor shall receive the same pay and allowances as are paid to officers and enlisted persons of like rank or grade in the Army of the United States. Officers and enlisted persons may also voluntarily perform state defense force active duty in an unpaid volunteer status. Regardless of pay status, the officers and enlisted persons of the Colorado state defense force shall be construed to be employees of the state of Colorado, and, in the event that any such officer or enlisted person incurs injuries or becomes sick, diseased, or deceased while on active duty under orders of the governor of the state of Colorado, he or she shall be entitled to all of the benefits of the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., accruing to employees of the state of Colorado.
C.R.S. § 28-3.1-419 — CO Code / Title 28 / Article 3.1 / Part 4 / Section 28-3.1-419
28-3.1-419. Finality of proceedings, findings, and sentences
Status: in_force

28-3.1-419. Finality of proceedings, findings, and sentences. The proceedings, findings, and sentences of courts-martial as reviewed and approved as required by this code and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval as required by this code are final. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the state, subject only to action upon a petition for a new trial as provided by section 28-3.1-416 or action taken on appeal as provided by section 28-3.1-420.
C.R.S. § 28-1-103 — CO Code / Title 28 / Article 1 / Section 28-1-103
28-1-103. Civil air patrol - discrimination prohibited
Status: in_force

28-1-103. Civil air patrol - discrimination prohibited. An employer shall not discriminate against or discharge from employment any member of the civil air patrol because of such membership and shall not hinder or prevent a member from performing during any civil air patrol mission for which a member is entitled to leave pursuant to this article.
C.R.S. § 28-3.1-521 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-521
28-3.1-521. Unlawful detention of another
Status: in_force

28-3.1-521. Unlawful detention of another. Any person subject to this code who, except as provided by law, apprehends, arrests, or confines any person shall be punished as a court-martial directs.
C.R.S. § 28-5-205 — CO Code / Title 28 / Article 5 / Part 2 / Section 28-5-205
28-5-205. Limitation on number of wards
Status: in_force

28-5-205. Limitation on number of wards. No person other than a bank or trust company shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the veterans administration or other interested person alleging that a guardian is acting in a fiduciary capacity for more than five wards as provided in this section and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge him or her from guardianships in excess of five and forthwith appoint a successor.
C.R.S. § 28-3.1-526 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-526
28-3.1-526. Forcing a safeguard
Status: in_force

28-3.1-526. Forcing a safeguard. Any person subject to this code who forces a safeguard shall be punished as a court-martial directs.
C.R.S. § 28-3-704 — CO Code / Title 28 / Article 3 / Part 7 / Section 28-3-704
28-3-704. Uniforms and equipment - procurement and issuance
Status: in_force

28-3-704. Uniforms and equipment - procurement and issuance. The National Guard shall be uniformed, armed, and equipped as provided by federal law. Such uniforms, arms, and equipment shall be procured and issued by the proper officers as the needs of the service may require and shall be accounted for as regulations may prescribe.
C.R.S. § 28-3.1-211 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-211
28-3.1-211. Detail of trial and defense counsel
Status: in_force

28-3.1-211. Detail of trial and defense counsel. (1) For each general or special court-martial, the authority convening the court shall request the state judge advocate general to detail trial counsel and defense counsel and assistants as he or she considers appropriate. No person who has acted as investigating officer, military judge, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense, nor may any person who has acted for the defense act later in the same case for the prosecution.

(2) Trial counsel and defense counsel for a general or special court-martial must be members in good standing of the bar of this state and judge advocates appointed pursuant to section 28-3.1-106 (2).
C.R.S. § 28-3-304 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-304
28-3-304. Commissions - examinations - assignments
Status: in_force

28-3-304. Commissions - examinations - assignments. Any person appointed, promoted, and commissioned on or after April 14, 1955, as an officer of the National Guard shall successively pass such examinations and tests as to his or her physical, moral, and professional fitness as are prescribed by federal law. Officers shall be commissioned by the governor, and the commissions shall designate the armed service, staff corps, or department in which they are appointed. They will be assigned to duty within each organization by the immediate commander thereof.
C.R.S. § 28-3.1-514 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-514
28-3.1-514. Assaulting or willfully disobeying superior commissioned officer
Status: in_force

28-3.1-514. Assaulting or willfully disobeying superior commissioned officer. (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 if he or she:

(a) Strikes his or her superior commissioned officer or draws or lifts up any weapon or offers any violence against such officer while he or she is in the execution of his or her office; or

(b) Willfully disobeys a lawful command of his or her superior commissioned officer.
C.R.S. § 28-3.1-542 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-542
28-3.1-542. Arson
Status: in_force

28-3.1-542. Arson. (1) Any person subject to this code who willfully and maliciously burns or sets on fire an inhabited dwelling or any other structure, movable or immovable, wherein to the knowledge of the offender there is at the time a human being is guilty of aggravated arson and shall be punished as a court-martial directs.

(2) Any person subject to this code who willfully and maliciously burns or sets fire to the property of another, except as provided in subsection (1) of this section, is guilty of simple arson and shall be punished as a court-martial directs.
C.R.S. § 28-3.1-203 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-203
28-3.1-203. Jurisdiction of general courts-martial
Status: in_force

28-3.1-203. Jurisdiction of general courts-martial. (1) General courts-martial have jurisdiction to try persons subject to this code for any offense punishable under this code and may adjudge any of the following punishments:

(a) Confinement for not more than two years, unless otherwise specified in this code;

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

(d) A reprimand;

(e) Dismissal or dishonorable discharge;

(f) Reduction of a noncommissioned officer to any inferior grade; or

(g) Any combination of these punishments.
C.R.S. § 28-3.1-109 — CO Code / Title 28 / Article 3.1 / Part 1 / Section 28-3.1-109
28-3.1-109. Restraint of persons charged with offenses
Status: in_force

28-3.1-109. Restraint of persons charged with offenses. Any person subject to this code who is charged with an offense under this code may be ordered into arrest or confinement by the convening authority, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him or her of the specific offense of which he or she is accused and to try him or her or to dismiss the charges and release him or her.
C.R.S. § 28-3-305 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-305
28-3-305. Officers' duties - administer oaths
Status: in_force

28-3-305. Officers' duties - administer oaths. In addition to the powers and duties prescribed in this part 3, all officers of the National Guard shall have the same duties as officers of similar rank and position in the United States Army or the United States Air Force, as the case may be, insofar as may be authorized by federal law. They are authorized to administer oaths in all matters connected with the service.
C.R.S. § 28-3.1-511 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-511
28-3.1-511. Missing movement
Status: in_force

28-3.1-511. Missing movement. Any person subject to this code who, through neglect or design, misses the movement of a ship, aircraft, or unit with which he or she is required in the course of duty to move must be punished as a court-martial directs.
C.R.S. § 28-3-316 — CO Code / Title 28 / Article 3 / Part 3 / Section 28-3-316
28-3-316. Brevet commissions
Status: in_force

28-3-316. Brevet commissions. General and field officers of the National Guard who have, after twenty-five years' service, resigned or retired may, in the discretion of the commander in chief, on the recommendation of the adjutant general, be commissioned by brevet in the next higher grade than that held by them at the time of their resignation or retirement, but not above the grade of major general. Brevet rank shall be considered strictly honorary and shall confer no privilege of precedence or command nor pay any emoluments. Brevet officers may wear the uniform of their brevet rank on occasions of ceremony.
C.R.S. § 28-5-701 — CO Code / Title 28 / Article 5 / Part 7 / Section 28-5-701
28-5-701. Division of veterans affairs - transfer of functions - terminology
Status: in_force

28-5-701. Division of veterans affairs - transfer of functions - terminology. (1) There is created the division of veterans affairs in the department of military and veterans affairs, the head of which is the director of the division of veterans affairs who is appointed by the adjutant general acting in the adjutant general's capacity as the administrative head of the department. The director shall appoint such assistants and clerical employees as may be deemed necessary to effectively administer this part 7 and part 8 of this article 5. The director and such assistants and employees must be appointed pursuant to section 13 of article XII of the state constitution. The division of veterans affairs and the director of the division of veterans affairs are type 2 entities, as defined in section 24-1-105.

(2) Whenever any law of this state refers to the Colorado department of veterans affairs or to the veterans affairs section, said law shall be construed as referring to the division of veterans affairs.

(3) The division and the board shall, on and after July 1, 2002, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the department of human services pursuant to articles 9 and 10 of title 26, C.R.S., prior to said date. On and after July 1, 2002, any officers or employees of the department of human services whose primary duties were to carry out the functions specified in articles 9 and 10 of title 26, C.R.S., prior to said date and whose duties and functions concerned the duties and functions transferred to the division pursuant to this part 7 and part 8 of this article, and whose employment in the division is deemed necessary by the director to carry out the purposes of this article shall be transferred to the department and become employees thereof. Such employees shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations.

(4) (a) On July 1, 2002, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the department of human services prior to said date pertaining to the duties and functions transferred to the division pursuant to this part 7 and part 8 of this title are transferred to the department and become the property thereof.

(b) On or before September 1, 2002, the department of human services and the department of military and veterans affairs shall agree on the method, scope, and procedures for the transfer of any property, mineral, and water rights involving the western slope military veterans cemetery, as described in section 28-5-708, in order to ensure that the use of said cemetery is continuous and consistent with federal law.

(c) The general assembly requests the department of human services and the state board of land commissioners to transfer, without compensation, by any procedure necessary, any appropriate property, mineral, and water rights involving the western slope military veterans' cemetery, as described in section 28-5-708, to the department of military and veterans affairs, within two months of the completion of a legal survey of the property described in section 28-5-708.

(d) The general assembly further requests the department of human services and the state board of land commissioners to report to the state, veterans, and military affairs committees of the senate and house of representatives, or their successor committees, no later than July 15, 2005, that the transfer of appropriate property, mineral, and water rights requested in paragraph (c) of this subsection (4) has been completed.

(5) Whenever the department of human services is referred to or designated by a contract or other document in connection with the duties and functions transferred to the division pursuant to this part 7 and part 8 of this article, such reference or designation shall be deemed to apply to the department of military and veterans affairs. All contracts entered into by the department of human services prior to July 1, 2002, in connection with the duties and functions transferred to the department of military and veterans affairs pursuant to this part 7 and part 8 of this article are hereby validated, with the department of military and veterans affairs succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the department for the payment of such obligations.
C.R.S. § 28-3.1-548 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-548
28-3.1-548. Conduct unbecoming an officer
Status: in_force

28-3.1-548. Conduct unbecoming an officer. Any commissioned officer, cadet, or candidate who is convicted of conduct unbecoming an officer shall be punished as a court-martial directs.
C.R.S. § 28-3.1-305 — CO Code / Title 28 / Article 3.1 / Part 3 / Section 28-3.1-305
28-3.1-305. Continuances
Status: in_force

28-3.1-305. Continuances. The military judge or a court-martial without a military judge may for reasonable cause grant a continuance to any party for such time and as often as appears just.
C.R.S. § 28-3-1208 — CO Code / Title 28 / Article 3 / Part 12 / Section 28-3-1208
28-3-1208. Noncommissioned officer/soldier/airman of the year ribbon
Status: repealed

28-3-1208. Noncommissioned officer/soldier/airman of the year ribbon. (Repealed)
C.R.S. § 28-3.1-206 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-206
28-3.1-206. Who may convene general courts-martial
Status: in_force

28-3.1-206. Who may convene general courts-martial. General courts-martial may be convened by the governor; the adjutant general for the Colorado National Guard; any general officer in the position of the assistant adjutant general for the Colorado Army National Guard; the assistant adjutant general for the Colorado Air National Guard; the assistant adjutant general for the space, cyber, and missile defense for the Colorado National Guard; the land component commander for the Colorado Army National Guard; or the wing commander for the Colorado Air National Guard.
C.R.S. § 28-3.1-215 — CO Code / Title 28 / Article 3.1 / Part 2 / Section 28-3.1-215
28-3.1-215. Compulsory self-incrimination prohibited
Status: in_force

28-3.1-215. Compulsory self-incrimination prohibited. (1) No person subject to this code shall compel any person to incriminate himself or herself or to answer any question, the answer to which may tend to incriminate him or her.

(2) No person subject to this code may interrogate or request any statement from an accused or a person suspected of an offense without first informing the person of the nature of the accusation and advising the person that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected, that any statement made by the person may be used as evidence against him or her in a trial by court-martial, that the person has a right to consult with a lawyer, that the person has a right to have a lawyer, and that upon the person's request a lawyer will be provided him or her without cost or, if the person prefers, he or she may retain counsel of his or her choice at his or her own expense.

(3) No person subject to this code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade the person compelled.

(4) No statement obtained from any person in violation of this section or through the use of coercion, unlawful influence, or unlawful inducement may be received in evidence against such person in a trial by court-martial.

(5) 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. § 28-3.1-508 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-508
28-3.1-508. Unlawful enlistment, appointment, or separation
Status: in_force

28-3.1-508. Unlawful enlistment, appointment, or separation. Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him or her to be ineligible for such enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial directs.
C.R.S. § 28-5-804 — CO Code / Title 28 / Article 5 / Part 8 / Section 28-5-804
28-5-804. Cooperation with division of veterans affairs
Status: in_force

28-5-804. Cooperation with division of veterans affairs. A county veterans service officer shall cooperate with the division of veterans affairs, its officers and employees, and other national, state, or county veterans service officers in the performance of the officer's duties. A county veterans service officer, on request, shall assist the division in every reasonable way, including the rendering of any reports requested by the division and the handling or processing of any veterans cases or other matters according to standard procedures established by the division in furtherance of efficient and prompt service to all veterans in the state of Colorado on a uniform basis. An officer shall always work in the best interest of the officer's clients in an attempt to maximize the amount of federal veteran benefits that they receive. Additionally, the county veterans service officer shall undertake programs and engage in activities to reduce state public assistance expenditures as directed by the division.
C.R.S. § 28-3-801 — CO Code / Title 28 / Article 3 / Part 8 / Section 28-3-801
28-3-801. Disability and death benefits
Status: in_force

28-3-801. Disability and death benefits. A member of the military forces of the state of Colorado who dies or is disabled while in, or as a result of, active service on behalf of this state ordered by competent authority, which death or disability arises out of and in the course of his or her employment in the active service of the state of Colorado, is entitled to workers' compensation benefits in accordance with the provisions of the "Workers' Compensation Act of Colorado"; but no workers' compensation benefits shall be paid under this section in any case where similar benefits are payable under the provisions of any federal law or regulation.
C.R.S. § 28-3-1504 — CO Code / Title 28 / Article 3 / Part 15 / Section 28-3-1504
28-3-1504. Moneys remaining in military family relief fund
Status: in_force

28-3-1504. Moneys remaining in military family relief fund. In the event that the voluntary contribution program created in part 30 of article 22 of title 39, C.R.S., is not continued or reestablished by the general assembly, the Colorado National Guard foundation may donate any moneys remaining in the fund upon the repeal of the voluntary contribution program to the western slope military veterans' cemetery fund created in section 28-5-708 (1)(a).
C.R.S. § 28-4-109 — CO Code / Title 28 / Article 4 / Section 28-4-109
28-4-109. Forces of other states - privilege
Status: in_force

28-4-109. Forces of other states - privilege. Any military forces or organizations, units, or detachments thereof of another state who are in fresh pursuit of insurrectionists, saboteurs, terrorists, enemies, or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons within this state while in fresh pursuit. Any such person who is captured or arrested by the military forces of such other state while in this state, without unnecessary delay, shall be surrendered to the military or police forces of this state to be dealt with according to law. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful, and nothing contained in this section shall be deemed to repeal any of the provisions of sections 16-3-104 and 16-3-106, C.R.S.
C.R.S. § 28-3.1-505 — CO Code / Title 28 / Article 3.1 / Part 5 / Section 28-3.1-505
28-3.1-505. Conspiracy to commit offense
Status: in_force

28-3.1-505. Conspiracy to commit offense. Any person subject to this code who conspires with any other person to commit an offense under this code shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial directs.
C.R.S. § 28-4-103 — CO Code / Title 28 / Article 4 / Section 28-4-103
28-4-103. Supplemental military force
Status: in_force

28-4-103. Supplemental military force. The governor of the state of Colorado may establish, enlist, maintain, and train and regulate an organized military force within and for the state of Colorado constituting a part of the military establishment for the defense of the United States and the state of Colorado, in addition to and supplemental to the existing organizations of the National Guard, to the full extent authorized by the laws of the United States and the constitution of the state of Colorado.
C.R.S. § 28-3-103 — CO Code / Title 28 / Article 3 / Part 1 / Section 28-3-103
28-3-103. General provisions
Status: in_force

28-3-103. General provisions. (1) In case the United States is at war or in case of any other emergency declared by the president or the congress of the United States or by the governor or the general assembly of this state, any organization, unit, or detachment of the military forces of this state, by direction of the governor and upon order of the officer in immediate command thereof, may continue in fresh pursuit of insurrectionists, saboteurs, terrorists, enemies, or enemy forces beyond the border of this state into another state until they are apprehended or captured by such organization, unit, or detachment or until the military or police forces of such other state or the forces of the United States have had a reasonable opportunity to pick up the pursuit or to apprehend or capture the persons pursued, if such other state has given authority by law for such pursuit by such forces of this state. Except as provided by law, any person who is apprehended or captured in another state by any of the forces of this state shall, without unnecessary delay, 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.

(2) Any military forces of another state who are in fresh pursuit of insurrectionists, saboteurs, terrorists, enemies, or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued, and the pursuing forces may arrest or capture such persons within this state while in fresh pursuit. Any such persons who are captured or arrested by the military forces of such other state while in this state shall, without unnecessary delay, be surrendered to the military or police forces of this state to be dealt with according to law.

(3) This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful nor to repeal or prevent the application of any of the provisions of sections 16-3-104 and 16-3-106, C.R.S.

(4) The intent of this article and all acts of the state affecting the military forces is to conform to all acts and regulations of the United States affecting the same subjects, and all acts of the state shall be construed to effect this purpose, and anything to the contrary shall be held null and void so long as the subject matter has been acted on by the United States, and, upon any subject not acted upon with reference to these matters by United States authority, any act of the state shall be in full force and effect. Nothing in this subsection (4) shall be construed to limit in any way the application of this article to the discipline of the Colorado National Guard when on "active service" or "on duty" as defined in section 28-3-101.

(5) All matters relating to the organization, discipline, and government of the military forces not otherwise provided for in this article shall be decided by the custom, regulations, and usage of the appropriate service of the armed forces of the United States.

(6) The military forces of the state of Colorado shall be divided into two classes - the organized militia and the unorganized militia.

(7) The organized militia shall consist of the following:

(a) The federally recognized National Guard; and

(b) The state defense force.

(8) The unorganized militia shall consist of all other members of the military forces.

(9) Consistent with federal law, women may enlist in the state military forces in the same manner as men and shall be appointed by the governor in the same manner as men. While so serving in the state military forces, women shall have the same status as male members of the state military forces, consistent with federal law.