reglab/housing_qa huggingface dataset:
CO Code § 28-3.1-403 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-403. Effective Date of Sentences

  Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay and allowances becoming due before or after the date the sentence is approved by the convening authority.    Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the terms of confinement.    On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his or her sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.    All other sentences of court-martial are effective on the date ordered executed. In no case may a sentence be executed until final action is taken on review.    In the militia or state military forces not in federal service, no sentence of dismissal or dishonorable discharge may be executed until it is approved by the governor.    Notwithstanding subsection (3) of this section, unless waived by the accused, an officer exercising summary court-martial jurisdiction shall defer service of a sentence to confinement pursuant to section 28-3.1-205 (4)(a), pending the conclusion of any appeal following review and approval pursuant to section 28-3.1-420.     History. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10. L. 2002: (3) amended, p. 611, § 85, effective May 24. L. 2018: (6) added, (SB 18-135), ch. 95, p. 747, § 16, effective April 2.
CO Code § 28-3.1-404 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-404. Execution of Confinement

  A sentence of confinement adjudged by a military court may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state.    The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.    The keepers, sheriffs, officers, and wardens of city or county jails and of all other jails, penitentiaries, or prisons designated by the convening authority shall receive persons ordered into confinement before trial or persons committed to confinement by a military court and shall confine them according to law.     History. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10.
CO Code § 28-3.1-405 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-405. Commitment Under Sentence of Confinement

 [Form Excluded]   History. Source: L. 83: Entire article added, p. 1181, § 1, effective June 10. L. 2002: Entire section amended, p. 612, § 86, effective May 24.
CO Code § 28-3.1-406 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-406. Collection of Fines

  All fines imposed as a sentence of a court-martial shall be paid at the time of approval of the sentence by the convening authority.    The commitment to the county jail for nonpayment of fines shall be in the following or similar form: :u000 STATE OF ________________________ :u1720 ) :u1720 ) ss. :u000 COUNTY OF ______________________ :u1720 ) To the Sheriff of _______________ County _______________ , State of Colorado. WHEREAS, _______________ of _______________ in the _______________ County of _______________ , a member of the Colorado National Guard, was on the _______________ day of _______________ , 20 _______________ , tried by court-martial and found guilty of _______________ in violation of the Colorado Military Code and was sentenced to pay a fine of _______________ Dollars; and WHEREAS, such fine has not been paid; NOW, THEREFORE, by authority of the State of Colorado, you are hereby commanded to take the body of the said _______________ and commit it to the keeper of the jail in the County of _______________ , who is hereby commanded to receive the body of the said _______________ and keep him or her safely until he or she pays the sum above mentioned, or shall have served one (1) day for each dollar of said fine, after which time he or she shall be released. Fail not, but make service and return within sixty (60) days from this date. Dated at _______________ , in the _______________ County of _______________ this _______________ day of _______________ , 20 _______________ . ___________________     History. Source: L. 83: Entire article added, p. 1181, § 1, effective June 10. L. 2002: (2) amended, p. 612, § 87, effective May 24.
CO Code § 28-3.1-407 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-407. Initial Action on the Record

 After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or the governor. The reviewer may approve the sentence or such part, amount, or commuted form of the sentence as he or she sees fit and may suspend or defer the execution of the sentence.   History. Source: L. 83: Entire article added, p. 1182, § 1, effective June 10. L. 2002: Entire section amended, p. 613, § 88, effective May 24.
CO Code § 28-3.1-408 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-408. Reconsideration and Revision

  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.      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.    In no case, however, may the record be returned:   For reconsideration of a finding of not guilty or a ruling which amounts to a finding of not guilty; or    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    For increasing the severity of the sentence, unless the sentence prescribed for the offense is mandatory.            History. Source: L. 83: Entire article added, p. 1182, § 1, effective June 10.
CO Code § 28-3.1-409 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-409. Rehearings

  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.    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.     History. Source: L. 83: Entire article added, p. 1182, § 1, effective June 10. L. 2002: Entire section amended, p. 613, § 89, effective May 24.
CO Code § 28-3.1-410 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-410. Approval by the Convening Authority

 In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings and the sentence or part or amount of the sentence which he or she finds correct in law and fact. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence.   History. Source: L. 83: Entire article added, p. 1182, § 1, effective June 10. L. 2002: Entire section amended, p. 613, § 90, effective May 24.
CO Code § 28-3.1-412 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-412. Review Counsel

  Upon the final review of a sentence of any court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate general.    Upon the request of an accused, the state judge advocate general shall appoint a lawyer who is a member of the state military forces and who has the qualifications prescribed in section 28-3.1-211 if available, to represent the accused before the reviewing authority, before the staff judge advocate, and before the state judge advocate general in the review of cases specified in subsection (1) of this section.    The accused may be represented by civilian counsel, provided at his or her expense, before the reviewing authority, before the staff judge advocate, and before the state judge advocate general.     History. Source: L. 83: Entire article added, p. 1184, § 1, effective June 10. L. 2002: (3) amended, p. 615, § 92, effective May 24.
CO Code § 28-3.1-413 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-413. Review by Governor

 Notwithstanding review procedures provided in this code, in any case where no right to review by the governor exists, the accused may, within thirty days after final action is taken by any reviewing authority, petition the governor to review such final action. The governor may take action as he or she deems appropriate. Failure of the governor to act within thirty days shall constitute a denial.   History. Source: L. 83: Entire article added, p. 1184, § 1, effective June 10. L. 2002: Entire section amended, p. 615, § 93, effective May 24.
CO Code § 28-3.1-414 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-414. Error of Law - Lesser Included Offense

  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.    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.     History. Source: L. 83: Entire article added, p. 1184, § 1, effective June 10.
CO Code § 28-3.1-415 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-415. Vacation of Suspension of Sentence

  Before the vacation of the suspension of any court-martial sentence, the officer having court-martial jurisdiction over a probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel, if he or she so desires.    The record of the hearing and the recommendation of the officer having court-martial jurisdiction shall be sent for action to the state judge advocate in cases involving a general court-martial sentence. If the state judge advocate vacates the suspension, any unexecuted part of the sentence shall be executed.    The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.     History. Source: L. 83: Entire article added, p. 1184, § 1, effective June 10. L. 2002: (1) amended, p. 615, § 94, effective May 24.
CO Code § 28-3.1-416 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-416. Petition for a New Trial

 At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the governor for a new trial on grounds of newly discovered evidence or fraud on the court-martial.   History. Source: L. 83: Entire article added, p. 1184, § 1, effective June 10.
CO Code § 28-3.1-417 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-417. Remission and Suspension

  A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.    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.     History. Source: L. 83: Entire article added, p. 1184, § 1, effective June 10.
CO Code § 28-3.1-418 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-418. Restoration

  Under regulations prescribed by the governor, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, may be restored, unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon a new trial or rehearing.    If a previously executed sentence of dishonorable discharge or other punitive discharge is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his or her enlistment.    If a previously executed sentence of dismissal is not imposed on a new trial, the governor shall substitute a form of discharge authorized for administrative issue, and a commissioned officer dismissed by that sentence may be reappointed only by the governor to the commissioned grade and rank as that former officer would have attained had he or she not been dismissed. The reappointment of such a former officer may be made if a position vacancy is available under applicable tables of organization. All time between the dismissal and reappointment shall be considered as service for all state purposes.     History. Source: L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 2002: (2) and (3) amended, p. 615, § 95, effective May 24.
CO Code § 28-3.1-419 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 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 .   History. Source: L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 87: Entire section amended, p. 1176, § 2, effective April 16.
CO Code § 28-3.1-420 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-420. Appeal Following Review and Approval

  The accused, within thirty-five days after the date the final reviewing authority takes action, may take an appeal to the supreme court of the state of Colorado pursuant to the Colorado appellate rules.    When the accused petitions the governor pursuant to section 28-3.1-413 to review the final action of the reviewing authority, the time for filing notice of appeal is extended until thirty-five days after the governor announces his or her action or the petition is denied due to the governor's failure to act. No action or failure to act by the governor shall form the basis for appeal, nor shall the supreme court order review by the governor.     History. Source: L. 87: Entire section added, p. 1177, § 3, effective April 16. L. 2002: (2) amended, p. 615, § 96, effective May 24. L. 2013: Entire section amended, (HB 13-1126), ch. 58, p.193, § 6, effective July 1.
CO Code § 28-3.1-421 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 4 - Sentences|§ 28-3.1-421. Appeal by the State

  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:   An order or ruling of the military judge that terminates the proceedings with respect to a charge or specification;    An order or ruling that excludes evidence that is substantial proof of a fact material in the proceeding;    An order or ruling that directs the disclosure of classified information;    An order or ruling that imposes sanctions for nondisclosure of classified information;    A refusal of the military judge to issue a protective order sought by the state to prevent the disclosure of classified information; or    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.       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.    An appeal under this article 3.1 must be diligently prosecuted as provided by law.    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.    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.     History. Source: L. 2018: Entire section added, (SB 18-135), ch. 95, p. 747, § 17, effective April 2.
CO Code § 28-3.1-501 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 5 - Punitive Article|§ 28-3.1-501. Principal Defined

 A “principal”, as used in this code, means any person punishable under this code who commits an offense punishable by this code or intentionally aids, abets, counsels, commands, solicits, or procures its commission or intentionally causes an act to be done which if directly performed by him or her would be punishable by this code.   History. Source: L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 2002: Entire section amended, p. 615, § 97, effective May 24. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 748, § 18, effective April 2.
CO Code § 28-3.1-502 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 5 - Punitive Article|§ 28-3.1-502. Abetting Offenders

 Any person subject to this code who, knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his or her apprehension, trial, or punishment shall be punished as a court-martial directs.   History. Source: L. 83: Entire article added, p. 1185, § 1, effective June 10. L. 2002: Entire section amended, p. 616, § 98, effective May 24.
CO Code § 28-3.1-503 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 5 - Punitive Article|§ 28-3.1-503. Charges - Offenses Included

 An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or of an offense necessarily included therein, but not both.   History. Source: L. 83: Entire article added, p. 1185, § 1, effective June 10.
CO Code § 28-3.1-504 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 5 - Punitive Article|§ 28-3.1-504. Attempt to Commit Offense

  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.    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.    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.     History. Source: L. 83: Entire article added, p. 1186, § 1, effective June 10.
CO Code § 28-3.1-505 (2021)
2021 Colorado Code|Title 28 - Military and Veterans|Article 3.1 - Colorado Code of Military Justice|Part 5 - Punitive Article|§ 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.   History. Source: L. 83: Entire article added, p. 1186, § 1, effective June 10.