reglab/housing_qa huggingface dataset:
AK Stat § 26.05.535 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.535. Statute of limitations.

(a) A person charged with an offense under this chapter may not be tried or punished for the offense unless the person received sworn charges and specifications issued by an officer exercising court-martial jurisdiction over the command not later than three years after the commission of the offense or not later than two years after commission of the offense if the imposition of nonjudicial punishment is sought for the offense under the code of military justice. (b) A period when the accused is absent without authority or fleeing from justice shall be excluded in computing the period of limitation in this section. (c) A period when the accused is absent from territory in which the proper authority has the ability to apprehend the accused, in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation in this section. (d) When the United States is at war declared by the United States Congress or engaged in contingency operations ordered by the President of the United States, and those operations actually prevented the discovery of the offending behavior or the timely bringing of charges, as determined by a military judge at court-martial, the running of a period of limitation for an offense under this chapter is suspended until two years after the termination of hostilities as proclaimed by the President of the United States or by a joint resolution of the United States Congress if the offense (1) involves fraud or attempted fraud against the United States, a state, or an agency of either, including a conspiracy to commit fraud; (2) is committed in connection with the acquisition, care, handling, custody, control, or disposition of real or personal property of the United States or a state; or (3) is committed in connection with the negotiation, procurement, award, performance, payment, interim financing, cancellation, or other termination or settlement, of a contract, subcontract, or purchase order that is connected with or related to the prosecution of the war, or with the disposition of inventory by a war contractor or government agency. (e) If charges or specifications are dismissed as defective or insufficient for any cause, and the period prescribed by the applicable statute of limitations has expired or will expire within 180 days after the date of dismissal of the charges and specifications, trial and punishment under new charges and specifications are not barred by the statute of limitations if the new charges and specifications (1) are received by an officer exercising summary court-martial jurisdiction over the command within 180 days after the dismissal of the charges or specifications; (2) allege the same acts or omissions that were alleged in the dismissed charges or specifications or acts or omissions that were included in the dismissed charges or specifications.
AK Stat § 26.05.540 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.540. Former jeopardy.

Former jeopardy protections provided to a member of the militia are equivalent to those provided under art. I, sec. 9, Constitution of the State of Alaska, and under the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.
AK Stat § 26.05.545 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.545. Pleas of the accused.

(a) If, after arraignment, an accused makes an irregular pleading or, after a plea of guilty, initiates an action inconsistent with the plea, or if the accused appears to have entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty. (b) With respect to a 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 be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn before announcement of the sentence, in which event, the proceedings shall continue as though the accused had pleaded not guilty.
AK Stat § 26.05.550 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.550. Subpoena; process of military courts.

(a) A military judge, the president of a court-martial, or a summary court-martial officer may issue subpoenas and subpoenas duces tecum for the attendance of witnesses and production of books and records, if the courts are sitting within the state and the witnesses, books, and records sought are located in the state. A subpoena may be served by a person designated by the military judge, the president of the court-martial, or summary court-martial officer. (b) If a person who is not a member of the militia of the state fails to comply with a subpoena issued under this section, the military judge, president of the court-martial, or summary court-martial officer may apply to a state court for an order to compel obedience by proceedings for contempt as if the subpoena had been issued by a court. The military judge, president of the court-martial, or summary court-martial officer may request the attorney general to bring the action. (c) A person who is not a member of the militia, who has been subpoenaed to appear as a witness or to produce books and records before a court-martial or before a military or civil officer designated to take a deposition to be read in evidence before a court-martial, who has been paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a criminal court of the state, and who wilfully neglects or refuses to appear or refuses to qualify as a witness or to testify or to produce evidence that the person may have been legally subpoenaed to produce is guilty of a violation and may be charged and punished as provided in AS 12.55.
AK Stat § 26.05.555 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.555. Contempt.

(a) A military judge or summary court-martial officer may punish for contempt a person who (1) uses a menacing word, sign, or gesture in its presence; (2) disturbs its proceedings by any riot or disorder; or  (3) wilfully disobeys a lawful writ, process, order, rule, decree, or command of the military judge or summary court-martial officer. (b) A military judge or summary court-martial officer may punish a member of the militia for contempt as provided in AS 09.50.020 for civil contempt. (c) A military judge or summary court-martial officer may punish a person who is not a member of the militia for direct contempt as provided in AS 09.50.020 for civil contempt.
AK Stat § 26.05.560 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.560. Defense of insanity.

(a) The accused may assert the affirmative defense of insanity as provided in AS 12.47.010. If the accused gives notice of the defense, the accused shall file with the military judge the notice required by AS 12.47.090. (b) If the accused asserts the defense of insanity under (a) of this section, the court shall order an examination to be conducted that meets the standards of AS 12.47.070. (c) If the defense of insanity is properly at issue, the military judge shall instruct the members of the court as to the defense and charge them to find the accused (1) guilty; (2) not guilty; or (3) not guilty by reason of insanity. (d) The accused may be found not guilty by reason of insanity if (1) a majority of the members of the court-martial present at the time the vote is taken determine that the defense of insanity has been established; or (2) in the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, the military judge or summary court-martial officer determines that the defense of insanity has been established. (e) In the case of a court-martial composed of a military judge or a summary court-martial officer sitting without court members, if the defense of insanity is properly at issue, the military judge or summary court-martial officer shall find the accused (1) guilty; (2) not guilty; or (3) not guilty by reason of insanity. (f) If an accused is found not guilty by reason of insanity, trial counsel shall, within 24 hours, file a petition under AS 47.30.700 for a screening investigation to determine the need for treatment if trial counsel has good cause to believe that the defendant is suffering from a mental illness and, as a result, is gravely disabled or likely to cause serious harm to self or others. In this subsection, “mental illness” has the meaning given in AS 47.30.915.
AK Stat § 26.05.570 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.570. Voting and rulings.

(a) Voting by members of a general or special court-martial on the findings and on the sentence shall be by secret written ballot. The junior member of the court shall count the votes. The count shall be checked by the president, who shall immediately announce the result of the ballot to the members of the court on the record, in an open court, and in the presence of all parties to the trial. (b) The military judge shall rule on all questions of law and all interlocutory questions arising during the proceedings. A ruling made by the military judge on a question of law or an interlocutory question, other than the factual issue of mental responsibility of the accused, is final and constitutes the ruling of the court. However, the military judge may change the ruling at any time during the trial before a vote is taken on the findings. Unless the ruling is final, if a member objects to a ruling, the court shall be cleared and closed, and the question shall be decided by a voice vote as provided in AS 26.05.575, beginning with the junior in rank. (c) Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense under this chapter and charge them that (1) the accused is presumed to be innocent until the guilt of the accused is established by legal and competent evidence beyond a reasonable doubt; (2) if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused, and the accused must be acquitted; (3) if there is a reasonable doubt as to the degree of guilt, a finding of guilt must be in a lower degree as to which there is no reasonable doubt; and (4) the burden of proof to establish the guilt of the accused beyond a reasonable doubt is on the state. (d) A military judge sitting without court members shall (1) determine all questions of law and fact arising during the proceedings and, if the accused is convicted, adjudge an appropriate sentence; (2) make a general finding and shall, in addition, on request, find the facts specially. (e) If a military judge sitting without court members files an opinion or memorandum of decision, the opinion or memorandum of decision is sufficient if the findings of fact appear in the opinion or memorandum of decision.
AK Stat § 26.05.575 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.575. Number of votes required.

(a) A person may not be convicted of an offense under this chapter that is tried by a court-martial unless by the unanimous verdict of the members of the court present at the time the vote is taken. (b) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by any lesser vote that indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on any other question is a determination in favor of the accused.
AK Stat § 26.05.580 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.580. Record of trial.

(a) Each general and special court-martial shall keep a separate record of the proceedings in each case brought before it, and the record must be authenticated by the signature of the military judge. If the military judge cannot authenticate the record because of the military judge's death, disability, or absence, the record shall be authenticated by the signature of the trial counsel or, if the trial counsel is unable to authenticate the record because of the trial counsel's death, disability, or absence, then by the signature of a member of the court. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose a duty on a member under this subsection. (b) In each general and special court-martial case resulting in a conviction, a complete verbatim record of the proceedings and testimony shall be prepared. In all other court-martial cases, the record must contain the matters as may be prescribed by rules of procedure. (c) Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be authenticated in the manner as may be prescribed by rules of procedure. (d) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as the record is authenticated.
AK Stat § 26.05.585 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.585. Cruel and unusual punishments prohibited.

A court-martial may not impose on a member of the militia punishment by flogging, branding, marking, or tattooing on the body, or another cruel or unusual punishment. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
AK Stat § 26.05.590 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.590. Punishments; maximum limits.

(a) A court-martial may not impose a punishment that exceeds the limits set out in the code of military justice and may not impose a sentence of death. A sentence of confinement imposed under this chapter may not exceed 10 years. An offense under this chapter that is punishable by a term of confinement of more than one year is a felony offense. Except for convictions by a summary court-martial and except as otherwise specifically provided in the code of military justice, all other offenses under this chapter are misdemeanors. A conviction by a summary court-martial is a violation. (b) A nonjudicial punishment may not include a sentence of confinement or separation from military service.
AK Stat § 26.05.595 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.595. Deferment of sentences.

(a) If an accused is under sentence to confinement that has not yet been ordered executed, the convening authority or, if the accused is no longer under the convening authority's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed may, in that person's sole discretion, defer service of the sentence to confinement. The deferment terminates when the sentence is ordered to be executed. The deferment may be rescinded at any time by the authority who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed. (b) If a court-martial sentences an accused to confinement, the convening authority may, without the consent of the accused, defer the service of the sentence until after the accused has been permanently released to the militia of the state by a state, the United States, or a foreign country (1) that had custody of the accused; (2) that temporarily returned the accused to the militia of the state for trial by court-martial; and (3) to which, after the court-martial, the militia of the state returned the accused under the authority of a mutual agreement or treaty. (c) In a case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under AS 26.05.615, 26.05.640, or 26.05.645 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending. (d) In (b) of this section, “state” includes the District of Columbia and any commonwealth, territory, or possession of the United States.
AK Stat § 26.05.600 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.600. Execution of confinement.

A person must serve a sentence of confinement imposed by a court-martial, whether or not the sentence includes discharge or dismissal from the militia of the state, and whether or not the discharge or dismissal has been executed. The sentence may be carried into execution by confinement in a place authorized by the code of military justice. A person confined under the code of military justice is subject to the same discipline and treatment as other persons confined or committed to the place of confinement.
AK Stat § 26.05.605 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.605. Error of law; lesser included offense.

(a) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused. (b) A reviewing authority authorized under the code of military justice to approve or affirm a finding of guilt may approve or affirm, instead, so much of the finding as includes a lesser included offense under this chapter.
AK Stat § 26.05.610 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.610. Withdrawal of appeal.

In a case subject to appellate review under the code of military justice, the accused may, at any time, file with the convening authority a written statement expressly withdrawing the right of the accused to the appeal. The withdrawal shall be signed by both the accused and the accused's defense counsel and filed in accordance with rules of procedure.
AK Stat § 26.05.615 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.615. Appeal by the state.

(a) In a trial by court-martial in which a punitive discharge may be imposed, the state may appeal to the Military Appeals Commission established under this chapter (1) an order or ruling of the military judge that terminates the proceedings with respect to a charge or specification; (2) an order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding; (3) an order or ruling that directs the disclosure of classified information; (4) an order or ruling that imposes sanctions for nondisclosure of classified information; (5) the refusal of the military judge to issue a protective order sought by the prosecution to prevent the disclosure of classified information; (6) the refusal of the military judge to enforce an order issued under (5) of this subsection that was previously issued by an appropriate authority. (b) 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 72 hours after the order or ruling. The 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. (c) An appeal under this section shall be forwarded to the Military Appeals Commission under AS 26.05.640. In ruling on the appeal, the Military Appeals Commission may act only with respect to matters of law. (d) A period of delay resulting from an appeal under this section shall be excluded in deciding an issue involving the 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 frivolous and without merit. (e) The state may not appeal a finding of not guilty with respect to a charge or specification by the members of the court-martial, or by a judge in a bench trial if the finding was not made on reconsideration.
AK Stat § 26.05.620 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.620. Vacation of suspension.

(a) A probationer serving a period of probation under a sentence suspended by a special court-martial that, as approved, includes a bad-conduct discharge, or a suspended general court-martial sentence, is entitled to a hearing before the suspension is vacated. The probationer shall be represented at the hearing by military counsel if the probationer requests representation. (b) If the suspended sentence was imposed by a special court-martial, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, the unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in the code of military justice. (c) The suspension of another sentence may be vacated by an authority for the command in which the accused is serving or detailed who is competent to convene a court of the kind that imposed the sentence.
AK Stat § 26.05.625 (2021)
2021 Alaska Statutes|Title 26. Military Affairs, Veterans, Disasters, and Aerospace|Chapter 05. Code of Military Justice|Article 2. Military Justice.|Sec. 26.05.625. Petition for a new trial.

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the adjutant general for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.