reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 1 - GENERAL PROVISIONS (§§ 28-3.1-101 — 28-3.1-114) › Section 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.
L. 83: Entire article added, p. 1166, § 1, effective June 10. L. 2002: Entire section amended, p. 604, § 64, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 1 - GENERAL PROVISIONS (§§ 28-3.1-101 — 28-3.1-114) › Section 28-3.1-110 - Confinement

(1)
Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in a jail in the county where the offense was committed or a jail designated by the convening authority, the costs of such confinement to be paid out of funds appropriated to the office of the adjutant general.
(2)
No provost marshal, commander of a guard, or master-at-arms, and no warden, sheriff, keeper, or officer of a city or county jail or any other jail, penitentiary, or prison designated under subsection (1) of this section may refuse to receive or keep any prisoner committed to his or her charge when the committing person furnishes a statement signed by him or her of the offense charged against the prisoner.
(3)
Every commander of a guard, every master-at-arms, and every warden, sheriff, keeper, or officer of a city or county jail or of any other jail, penitentiary, or prison designated under subsection (1) of this section to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against him or her, and the name of the person who ordered or authorized the commitment.
L. 83: Entire article added, p. 1166, § 1, effective June 10. L. 2002: (2) and (3) amended, p. 605, § 65, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 1 - GENERAL PROVISIONS (§§ 28-3.1-101 — 28-3.1-114) › Section 28-3.1-111 - Confinement with enemy prisoners prohibited

No member of the military forces may be placed in confinement in immediate association with enemy prisoners.
L. 83: Entire article added, p. 1167, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 1 - GENERAL PROVISIONS (§§ 28-3.1-101 — 28-3.1-114) › Section 28-3.1-112 - Punishment prohibited before trial

Subject to section
28-3.1-403
, no person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against such person, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances require to insure his or her presence. However, such person may be subjected to minor punishment during that period for infractions of discipline.
L. 83: Entire article added, p. 1167, § 1, effective June 10. L. 2002: Entire section amended, p. 605, § 66, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 1 - GENERAL PROVISIONS (§§ 28-3.1-101 — 28-3.1-114) › Section 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.
Amended by 2018 Ch. 95,§ 5, eff. 4/2/2018.
L. 83: Entire article added, p. 1167, § 1, effective June 10. L. 2002: (2) amended, p. 605, § 67, effective May 24. L. 2018: (1) amended, (SB 18-135), ch. 95, p. 742, § 5, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-201 - Courts-martial - jurisdiction - composition

(1)
In the military forces general, special, and summary courts-martial shall be constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except as to punishment, of a similar court of the armed forces of the United States and shall follow the forms and procedures provided by those courts.
(2)
The three kinds of courts-martial are:
(a)
General courts-martial, consisting of a military judge and not less than five members, or consisting of 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 in writing a court composed only of a military judge and the military judge approves;
(b)
Special courts-martial, consisting of a military judge and not less than three members, or consisting of only a military judge if the accused so requests under the same conditions as those prescribed in paragraph (a) of this subsection (2);
(c)
Summary courts-martial, consisting of one commissioned officer.
L. 83: Entire article added, p. 1169, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-202 - Complete record of proceedings and testimony - when required

A dishonorable discharge or dismissal may not be adjudged unless a verbatim record of the proceedings and testimony before the court has been made.
L. 83: Entire article added, p. 1169, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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.
Amended by 2018 Ch. 95,§ 7, eff. 4/2/2018.
L. 83: Entire article added, p. 1169, § 1, effective June 10. L. 2018: (1)(a), (1)(b), and (1)(c) amended, (SB 18-135), ch. 95, p. 744, § 7, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-204 - Jurisdiction of special courts-martial

Special courts-martial have jurisdiction to try any person subject to this code for any offense punishable under this code. A special court-martial has the same powers of punishment as a general court-martial; except that confinement may not be more than ninety days and the fine or forfeiture of pay and allowances imposed by a special court-martial may not be more than the maximum pay and allowances received for six unit training assemblies or six days of annual training, whichever is applicable according to duty status.
Amended by 2018 Ch. 95,§ 8, eff. 4/2/2018.
L. 83: Entire article added, p. 1169, § 1, effective June 10. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 745, § 8, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-205 - Jurisdiction of summary courts-martial

(1)
Summary courts-martial have jurisdiction to try any person subject to this code, except commissioned officers, warrant officers, cadets, and candidates, for any offense made punishable under this code.
(2) and (3)
(Deleted by amendment, L. 2018.)
(4)
A summary court-martial may adjudge any of the following punishments:
(a)
Confinement for not more than thirty days;
(b)
A fine of any amount up to the maximum pay received for four unit training assemblies or four 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 four unit training assemblies or four days of annual training, whichever is applicable according to duty status;
(d)
Reduction of an enlisted person to any inferior grade; or
(e)
Any combination of these punishments.
Amended by 2018 Ch. 95,§ 9, eff. 4/2/2018.
L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 2002: (2) and (3) amended, p. 606, § 69, effective May 24. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 745, § 9, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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.
Amended by 2018 Ch. 95,§ 10, eff. 4/2/2018.
L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 91: Entire section amended, p. 1377, § 3, effective April 1. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 746, § 10, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-208 - Who may convene summary courts-martial

(1)
The commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the military forces are on duty or of a division, brigade, regiment, wing, group, battalion, squadron, company, or other detachment may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.
(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 courts-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior authority.
L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 2002: (2) amended, p. 606, § 70, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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.
Amended by 2018 Ch. 95,§ 12, eff. 4/2/2018.
L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 2002: (3)(a) and (4) amended, p. 607, § 71, effective May 24. L. 2018: (4)(b) amended, (SB 18-135), ch. 95, p. 746, § 12, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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.
Amended by 2018 Ch. 95,§ 13, eff. 4/2/2018.
L. 83: Entire article added, p. 1171, § 1, effective June 10. L. 2002: Entire section amended, p. 607, § 72, effective May 24. L. 2018: (1) amended, (SB 18-135), ch. 95, p. 746, § 13, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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)
.
Amended by 2018 Ch. 95,§ 14, eff. 4/2/2018.
L. 83: Entire article added, p. 1171, § 1, effective June 10. L. 2002: (1) amended, p. 608, § 73, effective May 24. L. 2018: (2) amended, (SB 18-135), ch. 95, p. 747, § 14, effective April 2.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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.
L. 83: Entire article added, p. 1171, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-213 - Absent and additional members

(1)
No member of a general or special court-martial may be absent or excused after the accused has been arraigned except for physical disability or as the result of a challenge or by order of the convening authority for good cause.
(2)
Whenever a general court-martial is reduced below five members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused, and counsel.
(3)
Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority appoints new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial may proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
L. 83: Entire article added, p. 1172, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-214 - Charges and specifications

(1)
Charges and specifications shall be signed by an accuser subject to this code, under oath, before a commissioned officer of the state military force authorized to administer oaths and shall state:
(a)
That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(b)
That they are true in fact to the best of his or her knowledge and belief.
(2)
Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the accused shall be informed of the charges against him or her as soon as practicable.
L. 83: Entire article added, p. 1172, § 1, effective June 10. L. 2002: (1)(b) and (2) amended, p. 608, § 74, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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.
L. 83: Entire article added, p. 1172, § 1, effective June 10. L. 2002: (1), (2), and (4) amended, p. 608, § 75, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-216 - Investigation

(1)
No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
(2)
The accused shall be advised of the charges against him or her and of his or her right to be represented by civilian counsel if provided by him or her, or by military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the state judge advocate. At that investigation, full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides, and a copy thereof shall be given to the accused.
(3)
If an investigation of the subject matter of an offense has been conducted before the accused is charged with the offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination, and presentation prescribed in subsection (2) of this section, no further investigation of that charge is necessary under this section, unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
(4)
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.
L. 83: Entire article added, p. 1173, § 1, effective June 10. L. 86: (1) amended, p. 1015, § 3, effective July 1. L. 2002: (2) and (3) amended, p. 608, § 76, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 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.
L. 83: Entire article added, p. 1173, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-218 - Advice of state judge advocate and reference for trial

(1)
Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the state judge advocate general for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he or she has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of the investigation.
(2)
If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and changes in the charges and specifications needed to make them conform to the evidence may be made.
L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: (1) amended, p. 609, § 77, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 2 - COURTS-MARTIAL (§§ 28-3.1-201 — 28-3.1-219) › Section 28-3.1-219 - Service of charges

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. No person shall, against his or her objection, be brought to trial or be required to participate by himself or herself or by counsel in a session called by the military judge under section
28-3.1-304
before a general court-martial within five days after the service of the charges upon him or her, or before a special court-martial within three days after the service of the charges upon him or her.
L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: Entire section amended, p. 609, § 78, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-301 - General procedures

The procedure, including modes of proof, in cases before military courts and other military tribunals, may be prescribed by the governor by regulation and shall so far as practicable be the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of Colorado and in the trial of courts-martial of the United States, but such procedure may not be contrary to or inconsistent with this code.
L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: (3) amended, p. 362, § 24, effective July 1.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-302 - Unlawfully influencing action of court

(1)
No authority convening a general, special, or summary court-martial, nor any other commanding officer or officer serving on the staff thereof, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court or with respect to any other exercise of their functions in the conduct of the proceeding. No person subject to this code may attempt to coerce or, by any unauthorized means, influence the action of a court-martial or any other military tribunal or any member thereof in reaching the findings or sentence in any case or the action of any convening, approving, or reviewing authority with respect to his or her judicial acts. The provisions of this subsection (1) shall not apply to general instructional or informational courses in military justice, if such courses are designed solely for the purpose of instructing members of a command in the substantive and procedural aspects of courts-martial, or to statements and instructions given in open court by the military judge or counsel.
(2)
In the preparation of an effectiveness, fitness, or efficiency report, or any other report or document used in whole or in part for the purpose of determining whether a member of the state military forces should be retained on duty, no person subject to this code may, in preparing any such report:
(a)
Consider or evaluate the performance of duty of any such member as a member, military judge, or trial counsel of a court-martial; except that this paragraph (a) is not applicable to evaluations made by the state judge advocate of the performance of personnel under his or her supervision;
(b)
Give a less favorable rating or evaluation of any member of the military forces because of the zeal with which such member as counsel represented any accused before a court-martial.
L. 83: Entire article added, p. 1174, § 1, effective June 10. L. 2002: (1) and (2)(a) amended, p. 609, § 79, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-303 - Duties of trial counsel and defense counsel

(1)
The trial counsel of a general or special court-martial shall prosecute in the name of the state and shall, under the direction of the court, prepare the record of proceedings.
(2)
The accused has the right to be represented in his or her defense before a general or special court-martial by civilian counsel if provided by him or her, or by military counsel of his or her own selection if reasonably available, or by the defense counsel detailed under section
28-3.1-211
. If the accused has counsel of his or her own selection, the defense counsel and assistant defense counsel, if any, who were detailed shall, if the accused so desires, act as his or her associate counsel; otherwise they shall be excused by the military judge.
(3)
In every court-martial proceeding, the defense counsel may, in the event of conviction, forward for attachment to the record of proceedings a brief of the matters he or she feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he or she considers appropriate.
(4)
An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he or she is qualified to be a trial counsel as required by section
28-3.1-211
, perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.
(5)
An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he or she is qualified to be the defense counsel as required by section
28-3.1-211
, perform any duty imposed by law, regulation, or the custom of the service upon counsel for the accused.
L. 83: Entire article added, p. 1175, § 1, effective June 10. L. 2002: (2) to (5) amended, p. 610, § 80, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-304 - Sessions

(1)
(a)
At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may call the court into session without the presence of the members for:
(I)
Hearing and determining motions raising defenses or objections which are capable of determination without trial of the issues raised by a plea of not guilty;
(II)
Hearing and ruling upon any matter which may be ruled upon by the military judge, whether or not the matter is appropriate for later consideration or decision by the members of the court;
(III)
If permitted by the regulations of the governor, holding the arraignment and receiving the pleas of the accused; or
(IV)
Performing any other procedural function which may be performed by the military judge pursuant to section
28-3.1-301
which does not require the presence of the members of the court.
(b)
These proceedings shall be conducted in the presence of the accused, the defense counsel, and the trial counsel and shall be made part of the record.
(2)
Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any consultation of the court with counsel or the military judge, shall be made part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
(3)
Trial counsel, in the name of the state of Colorado, may file an interlocutory appeal in the supreme court of the state of Colorado from a ruling of the military judge granting a motion made by the accused in advance of trial for the return of property, the suppression of evidence, or the suppression of an extrajudicial confession or admission if trial counsel certifies to the military judge who granted the motion that the interlocutory appeal is not taken for the purpose of delay and said property or evidence is a substantial part of the proof of a charge pending against the accused.
L. 83: Entire article added, p. 1175, § 1, effective June 10. L. 87: (3) added, p. 1176, § 1, effective April 16.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 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.
L. 83: Entire article added, p. 1176, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 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.
L. 83: Entire article added, p. 1176, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-307 - Oaths

(1)
Interpreters and, in general and special courts-martial, members, military judges, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, and reporters shall take an oath or affirmation in the presence of the accused to perform their duties faithfully.
(2)
Each witness before a military court shall be examined on oath or affirmation.
L. 83: Entire article added, p. 1176, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-308 - Statute of limitations

(1)
A person charged with any offense under the code is not liable to be tried by court-martial or punished under section
28-3.1-114
, if the offense was committed more than two years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under section
28-3.1-114
.
(2)
Notwithstanding the provisions of subsection (1) of this section, a prosecution for larceny and wrongful appropriation under section
28-3.1-538
, against one who obtained property lawfully and subsequently misappropriated it, may be commenced within one year after discovery of the loss, but in no case shall this extend the time limitation by more than five years.
(3)
Periods in which the accused was absent from territory in which the state has authority to apprehend him or her, or in the custody of civil authorities, or in the hands of the enemy of any hostile force shall be excluded in computing the period of limitation prescribed in this section.
(4)
A person charged with desertion or absence without leave in time of national emergency or war, or with aiding the enemy, or with mutiny may be tried and punished at any time without limitation.
(5)
Except as otherwise provided in this section, a person charged with desertion in time of peace or with the offenses punishable under section
28-3.1-535
,
28-3.1-536
, or
28-3.1-537
is not liable to be tried by court-martial if the offense was committed more than three years before the receipt of sworn charges and specification.
L. 83: Entire article added, p. 1176, § 1, effective June 10. L. 2002: (3) amended, p. 610, § 81, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-309 - Former jeopardy

(1)
No person may be tried a second time in any military court for the same offense.
(2)
No proceeding in which an accused has been found guilty by a court-martial upon any charges or specification is a trial for purposes of this section until the finding of guilty has become final after review of the case has been fully completed.
(3)
A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial for purposes of this section.
L. 83: Entire article added, p. 1177, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 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.
L. 83: Entire article added, p. 1177, § 1, effective June 10. L. 2002: (1) amended, p. 611, § 82, effective May 24.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-311 - Opportunity to obtain witnesses and other evidence

(1)
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with regulations the governor prescribes.
(2)
The military judge of a court-martial or a summary court-martial may:
(a)
Issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;
(b)
Issue subpoenas duces tecum and other subpoenas;
(c)
Enforce the attendance of witnesses and the production of books and papers.
L. 83: Entire article added, p. 1177, § 1, effective June 10.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 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.
Amended by 2021 Ch. 462, § 493, eff. 3/1/2022.
L. 83: Entire article added, p. 1177, § 1, effective June 10. L. 2002: (1) amended, p. 1541, § 283, effective October 1. L. 2021: (1) amended, (SB 21-271), ch. 3245, p. 3245, § 493, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 28 - MILITARY AND VETERANS (§§ 28-1-101 — 28-6-101) › MILITARY (§§ 28-3-101 — 28-4.7-101) › Article 3.1 - COLORADO CODE OF MILITARY JUSTICE (§§ 28-3.1-101 — 28-3.1-607) › Part 3 - TRIAL PROCEDURE (§§ 28-3.1-301 — 28-3.1-319) › Section 28-3.1-313 - Contempt

A military court may punish for contempt any person who willfully and unlawfully refuses to be sworn as a witness, or who refuses to answer any legal or proper question, or who uses any menacing word, sign, or gesture in its presence, or who disturbs its proceedings by a riot or disorder. The punishment shall not exceed confinement for thirty days or a fine of one hundred dollars, or both.
L. 83: Entire article added, p. 1178, § 1, effective June 10.