MD. Public Safety Code Ann. §  13A-301 (2021)
2021 Maryland Statutes|Public Safety|Title 13A - Maryland Code of Military Justice|Subtitle 3 - Non-Judicial Punishment|Section 13A-301 - Commanding Officer's Non-Judicial Punishment

    (a)    (1)    Under such regulations as prescribed, a commanding officer or officers–in–charge may impose disciplinary punishments for minor offenses without the intervention of a court–martial pursuant to this section.        (2)    The Governor, The Adjutant General, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who is a member of the state military forces.    (b)    A commanding officer may impose on enlisted members of the officer’s command:        (1)    an admonition;        (2)    a reprimand;        (3)    the withholding of privileges for not more than 6 months, which need not be consecutive;        (4)    the forfeiture of pay of not more than 7 days’ pay;        (5)    a fine of not more than 7 days’ pay;        (6)    a reduction to the next inferior pay grade, if the Soldier or Airman is in the rank of E–4 or below;        (7)    extra duties, including fatigue or other duties, for not more than 14 days, which need not be consecutive; or        (8)    restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.    (c)    A commanding officer of the grade of major or above may impose on enlisted members of the officer’s command:        (1)    any punishment authorized in subsection (b)(1), (2), or (3) of this section;        (2)    the forfeiture of not more than one–half of 1 month’s pay per month for 2 months;        (3)    a fine of not more than 1 month’s pay;        (4)    a reduction to the lowest or any intermediate pay grade, if the Soldier or Airman is in the rank of E–6 or below, but an enlisted member in a pay grade above E–4 may not be reduced more than two pay grades;        (5)    extra duties, including fatigue or other duties, for not more than 45 days, which need not be consecutive; or        (6)    restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, which need not be consecutive.    (d)    The Governor, The Adjutant General, an officer exercising general court–martial convening authority, or an officer of a general or flag rank in command may impose:        (1)    on officers of the officer’s command:            (i)    any punishment authorized in subsection (c)(1), (2), (3), or (6) of this section; or            (ii)    arrest in quarters for not more than 30 days, which need not be consecutive; or        (2)    on enlisted members of the officer’s command:            (i)    any punishment authorized in subsection (c) of this section; or            (ii)    a reduction to the lowest or any intermediate pay grade, if the Soldier or Airman is in the rank of E–9 or below, but an enlisted member in a pay grade above E–4 may not be reduced more than two pay grades.    (e)    Whenever any punishments are combined to run consecutively, the total length of the combined punishment may not exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.    (f)    (1)    Prior to the offer of non–judicial punishment, the commanding officer shall determine whether punishment more severe than 14 days extra duty or 14 days restriction and admonition shall be considered as punishments.        (2)    If the commanding officer determines that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court–martial.        (3)    If the commanding officer determines that the punishment options will not include punishment more severe than 14 days extra duty or 14 days restriction and admonition, the accused shall be notified that there is no right to trial by court–martial in lieu of non–judicial punishment.    (g)    (1)    The officer who imposes the punishment, 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.        (2)    The officer may also:            (i)    mitigate reduction in grade to forfeiture of pay;            (ii)    mitigate arrest in quarters to restriction; or            (iii)    mitigate extra duties to restriction.        (3)    (i)    The mitigated punishment may not be for a greater period than the punishment mitigated.            (ii)    When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture may not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.    (h)    (1)    A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within 15 days after the punishment is either announced or sent to the accused, as the commander may determine.        (2)    The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged.        (3)    If the superior authority acting on the appeal does not render a decision within 5 days of the election to appeal, the punishment shall be suspended until such time as the appeal is decided.        (4)    The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) of this section by the officer who imposed the punishment.        (5)    Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.    (i)    (1)    Subject to paragraph (2) of this subsection, the imposition and enforcement of disciplinary punishment under this section for an act or omission is not a bar to trial by court–martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this title.        (2)    The fact that a disciplinary punishment has been enforced may be shown by the accused at trial and, when so shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.    (j)    Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.    (k)    Regulations may prescribe the form of records to be kept of proceedings under this section and may prescribe that certain categories of those proceedings shall be in writing.