reglab/housing_qa huggingface dataset:
NV Rev Stat § 412.287 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.287 - Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment.

  1. Each commanding officer shall maintain good order and discipline in his or her command. If a commanding officer determines that he or she can maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she must do so. If a commanding officer determines that he or she cannot maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she may pursue punitive measures.  2. In determining the appropriate method of punishment, a commanding officer must consider, without limitation:  (a) The nature of the offense;  (b) The nature of the punishment;  (c) The record of the offending serviceman or servicewoman;  (d) The need to maintain good order and discipline; and  (e) The likely effect of the punitive measures on the record of the offending serviceman or servicewoman.  3. Each commanding officer shall, insofar as is practicable, take action to ensure that:  (a) Military justice is exercised promptly and fairly; and  (b) Each matter of a disciplinary or punitive nature is resolved:  (1) At the lowest appropriate level; and  (2) Using the least severe punishment appropriate to the offense.  (Added to NRS by 2013, 1094)
NV Rev Stat § 412.2875 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.2875 - Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding.

  1. This section sets forth the law, policies and procedures for nonjudicial punishment in the state military forces. Unless modified by this Code, the procedures contained in Chapter 3 of Army Regulation 27-10 and Air Force Instruction 51-202, as they may be amended or replaced, apply to nonjudicial punishment in this Code.  2. Each commanding officer shall use nonjudicial punishment as an essential and prompt means of maintaining good order and discipline, and to promote positive behavior and changes in servicemen and servicewomen without the stigma of a court-martial conviction.  3. No superior may:  (a) Direct that a subordinate authority impose nonjudicial punishment in a particular case; or  (b) Issue regulations or guidelines which suggest to subordinate authorities that certain categories of minor offenses be disposed of by nonjudicial punishment instead of by court-martial or disposed of by administrative corrective measures, or that predetermined types or amounts of punishment be imposed for certain classifications of offenses that the subordinate authority considers appropriate for disposition by nonjudicial punishment.  4. Nonjudicial punishment may be imposed for a minor offense. Whether an offense is minor must be determined by, without limitation:  (a) The nature of the offense and the circumstances surrounding the commission of the offense;  (b) The age, rank, duty assignment, record and experience of the offender; and  (c) The maximum possible sentence that could be imposed for the offense if tried by general court-martial.  5. The decision as to whether an offense is minor is a matter of discretion for the commanding officer imposing nonjudicial punishment. The imposition and enforcement of nonjudicial punishment pursuant to NRS 412.286 to 412.302, inclusive, is not a bar to a trial by court-martial or other legal proceeding for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302, inclusive, but the fact that a nonjudicial punishment has been enforced pursuant thereto may be shown by the accused at trial and when so shown must be considered in determining the severity of punishment to be adjudged in the event of a finding of guilty.  (Added to NRS by 2013, 1094)
NV Rev Stat § 412.2877 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.2877 - Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer.

  1. Commanding officers have authority to impose nonjudicial punishment upon military personnel under their command. The authority of a commanding officer to impose nonjudicial punishment for certain types of offenses or certain categories of persons, or to impose certain types of punishment in specific cases, may be limited or withheld by a superior officer.  2. Only the Governor and general officers in command may delegate their authority under subsection 1 to a principal assistant. This limitation on delegation of authority does not remove the authority of other commanding officers authorized to act under this Code, but such other commanding officers may not delegate that authority. A commanding officer superior to the commanding officer having authority to impose nonjudicial punishment may withhold that authority.  3. A commanding officer at any echelon may withhold from any subordinate commanding officer all or part of the authority prescribed in subsection 1, including, without limitation, the authority to impose nonjudicial punishment for specific types of offenses that the subordinate would otherwise impose. When authority is withheld, such action should be explained in a clearly defined writing or directive. The original of the writing or directive must be filed in the office of the applicable judge advocate who serves the commanding officer whose authority has been withheld. Any such withholding remains in effect when a new commanding officer is appointed or assumes command, until and unless expressly revoked by the superior commanding officer. Any such action should be addressed to the position held by the commanding officer whose authority has been withheld, not to the commanding officer by name.  (Added to NRS by 2013, 1095)
NV Rev Stat § 412.2879 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.2879 - No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment.

An accused facing nonjudicial punishment does not have the right to demand a trial by court-martial in lieu of accepting the nonjudicial punishment.  (Added to NRS by 2013, 1095; A 2015, 32; 2019, 745)
NV Rev Stat § 412.293 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.293 - Use of formal proceeding by commanding officer after consultation; notice to accused; accused entitled to consult with counsel; commanding officer not bound by formal rules of evidence.

  1. A commanding officer who, after inquiry or investigation, determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman shall use a formal proceeding. In determining whether nonjudicial punishment is appropriate, the commanding officer shall consult with a judge advocate. The commanding officer may also consult with a superior commissioned officer who is not the superior authority who is to act on appeal pursuant to NRS 412.296.  2. If the commanding officer determines that a formal proceeding is appropriate, the accused must be notified in writing of:  (a) The intent of the commanding officer to initiate nonjudicial punishment;  (b) The intent of the commanding officer to use a formal proceeding;  (c) The maximum punishments allowable under the formal proceeding;  (d) The right of the accused to remain silent;  (e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;  (f) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation;  (g) The right of the accused to consult with a judge advocate and the location of such counsel; and  (h) The right of the accused to appeal.  3. If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel and to gather matters in defense, extenuation and mitigation. This period of time must be at least 48 hours, depending on the availability of counsel, but such period of time may be extended at the request of the accused.  4. The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.  (Added to NRS by 2013, 1096; A 2015, 32; 2019, 745)
NV Rev Stat § 412.2935 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.2935 - Announcement of results of punishment.

  1. A punishment may be announced at the next formation of the unit of the accused after the punishment is imposed or, if appealed, after the decision on the appeal. The announcement may also be posted on a bulletin board of the unit or published in a newsletter or web publication of the unit.  2. The announcement of the results of punishments may be used to mitigate perceptions of unfairness of punishment and to serve as a deterrent to similar misconduct by other servicemen and servicewomen. The announcement of punishments must not be undertaken to invoke public embarrassment or scorn of the serviceman or servicewoman so punished. Accordingly, the practice of announcing punishments must be undertaken in a consistent manner to avoid the appearance of favoritism or vindictiveness.  3. In deciding whether to announce the punishment of servicemen and servicewomen in the grade of E-5 or above, the commanding officer shall consider the following factors:  (a) The nature of the offense;  (b) The military record and duty position of the serviceman or servicewoman being punished;  (c) The deterrent effect of announcing the punishment;  (d) The impact on the morale or mission of the applicable unit;  (e) The impact on the victim, if any, of the serviceman’s or servicewoman’s offense; and  (f) The impact on the ability of the serviceman or servicewoman to lead.  (Added to NRS by 2013, 1097)
NV Rev Stat § 412.294 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.294 - Suspension, remission or mitigation of punishment.

  1. The officer who imposes the punishment authorized in NRS 412.288, or the officer’s successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under NRS 412.288, whether or not executed.  2. In addition, he or she may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected.  3. He or she may also mitigate reduction in grade to forfeiture or detention of pay.  4. When mitigating forfeiture of pay to detention of pay, the amount of the detention must not be greater than the amount of the forfeiture.  5. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under NRS 412.286 to 412.302, inclusive, by the officer who imposed the punishment mitigated.  (Added to NRS by 1967, 1314; A 2013, 1116)
NV Rev Stat § 412.298 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.298 - Disciplinary punishment not bar to court-martial.

The imposition and enforcement of disciplinary punishment pursuant to NRS 412.286 to 412.302, inclusive, 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 pursuant to NRS 412.286 to 412.302, inclusive, but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.  (Added to NRS by 1967, 1315; A 2013, 1118)
NV Rev Stat § 412.302 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.302 - Records of nonjudicial punishment.

The Adjutant General may, by Office regulation, prescribe the form of records to be kept of proceedings under NRS 412.286 to 412.302, inclusive, and may also prescribe that certain categories of those proceedings must be in writing.  (Added to NRS by 1967, 1315; A 1993, 1610)
NV Rev Stat § 412.304 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.304 - Courts-martial of Nevada National Guard not in federal service; composition.

  1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and must follow the forms and procedures provided for those courts.  2. The three types of courts-martial for the state military forces include:  (a) General courts-martial, consisting of:  (1) A military judge and not less than five members; or  (2) Only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge, and the military judge approves the request.  (b) Special courts-martial, consisting of:  (1) A military judge and not less than three members; or  (2) Only a military judge if one has been detailed to the court and the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests and the military judge approves the request.  (c) Summary courts-martial, consisting of one commissioned officer.  (Added to NRS by 1967, 1315; A 1973, 133; 2013, 1118)
NV Rev Stat § 412.306 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.306 - Jurisdiction of courts-martial of each force.

The ground force and the air force of the Nevada National Guard has court-martial jurisdiction over all persons subject to this Code. The exercise of jurisdiction by one force over personnel of another force must be in accordance with Office regulations.  (Added to NRS by 1967, 1316; A 1993, 1610)
NV Rev Stat § 412.307 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.307 - Jurisdiction of courts-martial of each component and branch of state military forces.

Each component or branch of the state military forces has court-martial jurisdiction over all servicemen and servicewomen of that particular component or branch who are subject to this Code. Additionally, the Nevada Army National Guard and Nevada Air National Guard have court-martial jurisdiction over all servicemen and servicewomen subject to this Code.  (Added to NRS by 2013, 1098)
NV Rev Stat § 412.308 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.308 - General court-martial.

Subject to NRS 412.306, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the Governor may prescribe, adjudge any punishment allowed by the Code.  (Added to NRS by 1967, 1316; A 2013, 1119)
NV Rev Stat § 412.312 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.312 - Special court-martial.

Subject to NRS 412.306, special courts-martial have jurisdiction to try persons subject to this Code for any offense for which they may be punished under this Code and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except for dishonorable discharge, dismissal, confinement for more than 1 year, forfeiture of pay exceeding one-half pay per month or forfeiture of pay for more than 1 year.  (Added to NRS by 1967, 1316; A 2013, 1119)
NV Rev Stat § 412.314 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.314 - Summary court-martial.

  1. Subject to NRS 412.306, summary courts-martial have jurisdiction to try persons subject to this Code, except officers, cadets, candidates and midshipmen, for any offense made punishable by this Code under such limitations as the Governor may prescribe.  2. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except dismissal, dishonorable or bad-conduct discharge, confinement for more than 1 month, restriction to specified limits for more than 2 months or forfeiture of more than one-half of 1 month’s pay.  (Added to NRS by 1967, 1316; A 2013, 1119)
NV Rev Stat § 412.316 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.316 - Sentence of dismissal or dishonorable discharge must be approved by Governor.

In the Nevada National Guard not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor.  (Added to NRS by 1967, 1316)
NV Rev Stat § 412.318 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.318 - When complete record of proceedings and testimony required.

A dishonorable discharge, bad-conduct discharge or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made.  (Added to NRS by 1967, 1316)
NV Rev Stat § 412.322 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.322 - Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice.

A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when the person is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C. chapter 47, may, upon conviction, adjudge such punishment as may be appropriate, except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice.  (Added to NRS by 1967, 1316)
NV Rev Stat § 412.324 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.324 - Convening general court-martial.

  1. In the Nevada National Guard not in federal service, a general court-martial may be convened by the:   (a) Governor;  (b) Adjutant General;  (c) Commanding officer of a component of the state military forces;  (d) Commanding officer of a division or a separate brigade; or  (e) Commanding officer of a separate wing.  2. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.  (Added to NRS by 1967, 1317; A 2013, 1120)
NV Rev Stat § 412.326 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.326 - Convening special court-martial.

  1. In the Nevada National Guard not in federal service, a special court-martial may be convened by:  (a) Any person who may convene a general court-martial;  (b) The commanding officer of a garrison, fort, post, camp, Nevada Air National Guard base or naval base or station;  (c) The commanding officer of a brigade, regiment, detached battalion or corresponding unit of the Nevada Army National Guard;  (d) The commanding officer of a wing, group, separate squadron or corresponding unit of the Nevada Air National Guard; or  (e) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.  2. When any such officer is an accuser, the court must be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.  (Added to NRS by 1967, 1317; A 2013, 1120)
NV Rev Stat § 412.328 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.328 - Convening summary court-martial.

  1. In the Nevada National Guard not in federal service, a summary court-martial may be convened by:  (a) Any person who may convene a general court-martial;  (b) The commanding officer of a detached company or other detachment or corresponding unit of the Nevada Army National Guard;  (c) The commanding officer of a detached squadron or other detachment or the corresponding unit of the Nevada Air National Guard; or  (d) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.  2. When only one commissioned officer is present with a command or detachment he or she shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by such authority.  (Added to NRS by 1967, 1317; A 2013, 1120)
NV Rev Stat § 412.334 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.334 - Military judge of general or special court-martial.

  1. A military judge must be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.  2. The authority convening a general or special court-martial shall request the State Judge Advocate to detail a military judge. Neither the convening authority nor any staff member of the convening authority may prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge who is detailed if the report relates to the military judge’s performance of duty as a military judge.  3. No person may act as military judge in a case wherein the person is the accuser, a witness, counsel or has acted as investigating officer.  4. The military judge may not consult with the members of the court except in the presence of the accused and trial and defense counsel, nor may he or she vote with the members of the court.  (Added to NRS by 1967, 1318; A 1973, 133; 2013, 1122)
NV Rev Stat § 412.3345 (2021)
2021 Nevada Revised Statutes|Chapter 412 - State Militia|NRS 412.3345 - Military judge: Qualifications.

  1. A military judge must be:  (a) An active or retired commissioned officer of an organized state military force or in federal service;  (b) One of the following:  (1) A member in good standing of the State Bar of Nevada;  (2) A member of the bar of a federal court for at least 5 years; or  (3) A person who is licensed to practice law in a state other than the State of Nevada, certified by the Adjutant General of the state in which the military judge is licensed, and a member in good standing therein, and who has received permission from the State Bar of Nevada to sit as a military judge; and  (c) Certified as qualified for duty as a military judge by the senior force judge advocate of the same military force of which the accused is a member.  2. If a military judge is not a member of the State Bar of Nevada, the military judge shall be deemed admitted pro hac vice, subject to filing with the senior force judge advocate of the same military force of which the accused is a member a certificate setting forth that the other qualifications provided in subsection 1 have been met.  (Added to NRS by 2013, 1097)