reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 8: MISCELLANEOUS PROVISIONS › 37-B §390-D. Paid leave pending completion of sexual harassment investigation or sexual assault investigation

§390-D. Paid leave pending completion of sexual harassment investigation or sexual assault investigation
A full-time or part-time member of the Maine National Guard who is in active state service pursuant to section 181‑A and who reports that the member is a victim of a sexual assault or sexual harassment by another member of the Maine National Guard may request paid leave during any pending investigation, and paid leave must be granted if the reporting party requests it. A full-time or part-time member of the Maine National Guard who is in active state service pursuant to section 181‑A and who is the responding party in an investigation of sexual assault or sexual harassment must be placed on paid leave pending completion of the investigation, unless the reporting party consents to an alternative arrangement after consultation with counsel for the Maine National Guard. If a reporting party takes paid leave but wishes to return to work prior to completion of the investigation, an evaluation of supervisory or reporting structures must be completed and modified as necessary to avoid further alleged conduct by the responding party.   [PL 2023, c. 474, §4 (NEW).]
SECTION HISTORY
PL 2023, c. 474, §4 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §391. Maine Military Authority established

§391. Maine Military Authority established
The Maine Military Authority is established within the Executive Department.   [PL 2003, c. 646, §6 (RPR).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 342, §4 (AMD). PL 2003, c. 646, §6 (RPR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §392. Definitions

§392. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2001, c. 374, §8 (NEW).]
1.  Authority.
"Authority" means the Maine Military Authority.
[PL 2001, c. 374, §8 (NEW).]
2.  Operating revenues.
[PL 2003, c. 646, §7 (RP).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 646, §7 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §393. Maine Military Authority operation

§393. Maine Military Authority operation
The Adjutant General operates the authority under the direction of the Governor and may:   [PL 2001, c. 374, §8 (NEW).]
1.  Execute agreements.
Execute cooperative agreements between the Maine National Guard and the Federal Government or its instrumentalities or agencies;
[PL 2001, c. 374, §8 (NEW).]
2.  Contract with various entities.
Contract with the Federal Government or its instrumentalities or agencies, the State or its agencies, instrumentalities or municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals;
[PL 2001, c. 374, §8 (NEW).]
3.  Accept financial assistance.
Accept, through the normal budgetary process, financial assistance and in-kind assistance, advances, loans, grants, gifts, contributions and other forms of financial assistance from the Federal Government and the State Government or its agencies, from municipalities or other public bodies or from other sources, public or private;
[PL 2003, c. 646, §8 (AMD).]
4.  Provide money for upkeep.
Provide from operating revenues money for the maintenance, construction or reconstruction of capital repair and replacement items as necessary and approved by the Legislature;
[PL 2003, c. 646, §8 (AMD).]
5.  Acquire property.
Acquire for use by the authority real or personal property or any interest in real or personal property, including rights or easements, on either a temporary or permanent basis, by gift, purchase, transfer, lease or otherwise, subject to the approval of the Legislature;
[PL 2003, c. 646, §8 (AMD).]
6.  Dispose of property.
In accordance with applicable state law, hold, sell, lease, rent or otherwise dispose of any real or personal property, or any interest in real or personal property, and release or relinquish any right, title, claim, lien, interest, easement or demand however acquired, and these proceeds become and remain operating revenues except that the Adjutant General may not sell any interest in real property without following the provisions of section 264;
[PL 2003, c. 646, §8 (AMD).]
7.  Procure insurance.
Procure insurance through the Risk Management Division against any loss in connection with property of the authority and other assets in amounts and from insurers that the Director of Risk Management determines necessary or desirable to protect the State from risks or losses; and
[PL 2003, c. 646, §8 (AMD).]
8.  Take all other lawful action.
Take all other lawful action necessary and incidental to the powers in this subchapter.
[PL 2001, c. 374, §8 (NEW).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 646, §8 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §394. Employees

§394. Employees
1.  Employees.
The Adjutant General may employ technical experts and other agents and employees, permanent or temporary, for the authority. Such employees are subject to the Civil Service Law.
[PL 2003, c. 646, §9 (AMD).]
2.  Service at pleasure of Adjutant General.
The executive director and general manager serve at the pleasure of the Adjutant General.
[PL 2001, c. 374, §8 (NEW).]
3.  Legal services.
The Office of the Attorney General shall provide legal services for the authority, or, with the permission of the Adjutant General, retain outside counsel.
[PL 2003, c. 646, §9 (AMD).]
4.  Establish positions.
By financial order, the Adjutant General may establish positions necessary to support the operations of the Maine Readiness Sustainment Center in Limestone or to maintain, repair, store and manufacture equipment under section 157. In order for a position that is established by financial order to become permanent, it must be presented to the next session of the Legislature through the normal budgetary process. As a result of their limited nature, positions funded by the operating revenues of the Maine Military Authority Enterprise Fund are not included as a part of the overall position count of state government operations.
[PL 2005, c. 12, Pt. MMM, §2 (AMD).]
5.  Employee administration.
Notwithstanding the provisions of Title 26, section 979-A, subsection 5, the Governor shall direct the authority to develop and execute employee relations policies, conduct negotiations with certified and recognized bargaining agents for its employees and administer and interpret the collective bargaining agreements applying to the employees of the authority consistent with the overall objectives of the Governor. The Department of Administrative and Financial Services, Bureau of Human Resources shall assist and advise the Governor and the authority, in order to ensure compliance with state and federal labor and employment laws consistent with the overall objectives of the Governor. Employees of the authority are essential employees for the purpose of shutdown or furlough days imposed on employees of the State.
[PL 2007, c. 240, Pt. HH, §16 (AMD).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 646, §9 (AMD). PL 2005, c. 12, §MMM2 (AMD). PL 2007, c. 240, Pt. HH, §16 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §395. Books and records

§395. Books and records
The Adjutant General shall ensure the accurate and timely maintenance of books, records, accounts and other evidences of the financial transactions of all the authority's activities in accordance with accounting standards established by a governmental accounting standards board and the State Controller. Books and records must be open to inspection and audit by the Maine National Guard, the State Auditor and the Federal Government audit in conjunction with federal contracts, agreements, grants or cooperative agreements but are otherwise confidential and not subject to Title 1, chapter 13, subchapter 1. The State Auditor shall periodically conduct an audit of the financial records of the authority and report the results of the audit to the Adjutant General, the State Controller, the Governor and the Legislature. The Adjutant General may maintain the required books, records, accounts and other evidences of the financial transactions of all of the authority's activities or enter into service agreements or contracts with departments and agencies of State Government for that purpose.   [PL 2003, c. 646, §10 (AMD).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 646, §10 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §396. Budget

§396. Budget
The Adjutant General shall establish a budget for the authority and shall present that budget to the Governor and the Legislature.   [PL 2003, c. 646, §11 (AMD).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 646, §11 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §397. Report

§397. Report
The Adjutant General shall report by February 15th of the first regular session of each Legislature to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and defense, veterans and emergency management matters. The report must include information about the operation of the authority, its budget and the distribution of profits generated by the authority.   [PL 2001, c. 374, §8 (NEW).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §398. Property exempt from execution (REPEALED)

§398. Property exempt from execution
(REPEALED)
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 646, §12 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 3: MILITARY BUREAU › Subchapter 9: MAINE MILITARY AUTHORITY › 37-B §399. Revenue

§399. Revenue
Revenue generated by the authority must first be used to support the operation of the authority, including segregation of money for future capital repairs. At the close of the fiscal year, unreserved retained earnings as identified by the State Controller may be transferred at any time prior to the closing of the books to:   [PL 2013, c. 251, §4 (NEW).]
1.  Capital repairs; tuition assistance.
An account established within the Military Bureau to be used for capital repairs, maintenance, construction and acquisition of state military facilities and Maine National Guard tuition assistance;
[PL 2013, c. 469, §6 (AMD).]
2.  Official representation funds.
An account established within the Military Bureau to be used for official representation funds, in an amount not to exceed $10,000 annually;
[PL 2013, c. 251, §4 (NEW).]
3.  Unfunded priorities.
An account established within the Military Bureau to be used for the Adjutant General's unfunded priorities, in an amount not to exceed $10,000 annually; and
[PL 2013, c. 251, §4 (NEW).]
4.  Maine National Guard Foundation Fund.
An account established within the Military Bureau to be used for the Maine National Guard Foundation Fund or its successor fund, in an amount not to exceed $10,000 annually.
[PL 2013, c. 251, §4 (NEW).]
SECTION HISTORY
PL 2001, c. 374, §8 (NEW). PL 2003, c. 646, §13 (AMD). PL 2013, c. 251, §4 (RPR). PL 2013, c. 469, §6 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §401. Title

§401. Title
This chapter may be cited as the "Maine Code of Military Justice."   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §402. Definitions

§402. Definitions
As used in this Code, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 460, §3 (NEW).]
1.  Accuser.
"Accuser" means a person who:
A. Signs and swears to charges;   [PL 1983, c. 460, §3 (NEW).]
B. Directs that charges be signed and sworn in the name of another; or   [PL 1983, c. 460, §3 (NEW).]
C. Has an interest, other than an official interest, in the prosecution of the accused.   [PL 1983, c. 460, §3 (NEW).]
[PL 1983, c. 460, §3 (NEW).]
2.  Active service.
Active service is defined in section 101‑A, subsection 1.
[PL 1987, c. 230, §2 (RPR).]
3.  Code.
"Code" means this chapter.
[PL 1983, c. 460, §3 (NEW).]
4.  Commanding officer.
"Commanding officer" means any officer vested with the authority for the direction, coordination and control of a military unit.
[PL 2001, c. 662, §41 (AMD).]
5.  Enlisted person.
"Enlisted person" means any person who is serving in an enlisted grade in any military force.
[PL 1983, c. 460, §3 (NEW).]
6.  Military forces.
Military forces is defined in section 101‑A, subsection 2.
[PL 1987, c. 230, §2 (RPR).]
7.  Military judge.
"Military judge" means an official of a court-martial detailed in accordance with section 221.
[PL 1983, c. 460, §3 (NEW).]
8.  Military unit.
"Military unit" means any military element whose structure is prescribed by a competent authority, such as a table of organization and equipment.
[PL 1983, c. 460, §3 (NEW).]
9.  Officer.
"Officer" means a commissioned or warrant officer.
[PL 1983, c. 460, §3 (NEW).]
10.  Superior officer.
"Superior officer" means an officer superior in rank or command.
[PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1987, c. 230, §2 (AMD). PL 2001, c. 662, §41 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §403. Persons subject to the Code

§403. Persons subject to the Code
1.  Active member.
All members of the state military forces are subject to the Maine Code of Military Justice at all times except when in federal service pursuant to United States Code, Title 10.
A. This code applies to members of the state military forces serving out-of-state and while going to and returning from service out-of-state to the same extent as a person serving within the State.   [PL 1987, c. 263, §2 (NEW).]
B. Offenses committed outside the State may be tried and punished either inside or outside the State subject to section 418.   [PL 1987, c. 263, §2 (NEW).]
[PL 2001, c. 662, §42 (AMD).]
2.  Fraudulent discharge.
All persons discharged from the military forces subsequently charged with having fraudulently obtained the discharge are subject to trial by court-martial on that charge and after apprehension are subject to this Code while in the custody of the military forces for the trial. Upon conviction on that charge, they are subject to trial by court-martial for all offenses under this Code committed prior to the fraudulent discharge.
[RR 2009, c. 2, §115 (COR).]
3.  Deserters.
Persons who have deserted from the military forces shall not be relieved from amenability to the jurisdiction of this Code by virtue of a separation from any subsequent period of service.
[PL 1983, c. 460, §3 (NEW).]
4.  Activation.
The Governor may order to active state service any member or former member of the state military forces for purposes of asserting jurisdiction in connection with prosecuting an offense alleged to have occurred while the person was in active state service.
[PL 1983, c. 594, §19 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §19 (NEW). PL 1987, c. 263, §2 (AMD). PL 2001, c. 662, §42 (AMD). RR 2009, c. 2, §115 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §404. Places where applicable

§404. Places where applicable
This Code applies in all places where personnel of military forces are present.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §405. Judge advocates

§405. Judge advocates
The Adjutant General shall appoint judge advocates for the Army National Guard and judge advocates for the Air National Guard. The Adjutant General shall appoint as state judge advocate one of the judge advocates from the National Guard.   [PL 2001, c. 662, §43 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §20 (AMD). PL 2001, c. 662, §43 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §406. Apprehension

§406. Apprehension
1.  Meaning.
Apprehension is the taking into custody of a person.
[PL 1983, c. 460, §3 (NEW).]
2.  By military authority.
Any person authorized by law or regulations governing the military forces to apprehend persons subject to this Code or to trial thereunder may do so upon reasonable belief that an offense under this Code has been committed and that the persons apprehended committed it.
[PL 1983, c. 460, §3 (NEW).]
3.  By civil authority.
Any civil officer having authority to apprehend offenders under the laws of this State may apprehend a deserter or a member of the military forces absent without leave and deliver the deserter or member into the custody of the appropriate component of the military force. Without limiting the authority granted in this subsection, upon written certification from the Adjutant General that a member is absent without leave from military duty, the civil officer, upon the Adjutant General's request, shall apprehend the member and deliver the member to duty in accordance with the request.
[RR 2019, c. 1, Pt. B, §23 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §21 (AMD). RR 2019, c. 1, Pt. B, §23 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §407. Arrest or confinement

§407. Arrest or confinement
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following words have the following meanings.
A. "Arrest" is the restraint of a person by an order directing the person to remain within certain specified limits and that is not imposed as a punishment for an offense.   [RR 2019, c. 1, Pt. B, §24 (COR).]
B. "Confinement" is the physical restraint of a person.   [PL 1983, c. 460, §3 (NEW).]
[RR 2019, c. 1, Pt. B, §24 (COR).]
2.  Order.
A person subject to this Code who is charged with an offense under this Code may be ordered into arrest or confinement, as circumstances require.
A. An enlisted person may be ordered into arrest or confinement by any officer by an order, oral or written, delivered in person or through other persons subject to this Code. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted persons of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.   [PL 2001, c. 662, §44 (AMD).]
B. An officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority the officer or warrant officer is subject. The order may be oral or written and delivered in person or by another officer. The authority to order officers or warrant officers into arrest or confinement may not be delegated.   [PL 2001, c. 662, §44 (AMD).]
[PL 2001, c. 662, §44 (AMD).]
3.  Not a limitation.
Nothing in this section may be construed to limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until the proper authority may be notified.
[PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §44 (AMD). RR 2019, c. 1, Pt. B, §24 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §408. Designated jails

§408. Designated jails
Confinement other than in a guard house, whether prior to, during or after trial by a military court, shall be executed in correctional centers designated by the Governor or by the Adjutant General for that purpose.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §409. Probable cause

§409. Probable cause
A person shall not be ordered into arrest or confinement except for probable cause.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §410. Information on charges; speedy trial

§410. Information on charges; speedy trial
When any person subject to this Code is arrested or confined prior to trial, immediate steps must be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person.   [RR 2019, c. 1, Pt. B, §25 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §25 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §411. Quelling of disorders

§411. Quelling of disorders
All officers and noncommissioned officers may quell all quarrels, frays and disorders among persons subject to this Code and apprehend persons subject to this Code who take part in those disorders.   [PL 2001, c. 662, §45 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §45 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §412. Receiving prisoners

§412. Receiving prisoners
When an officer of the military forces delivers a prisoner and furnishes a statement of the offense charged against that prisoner to a provost marshal, commander of the guard, warden, keeper or officer of a city or county jail or other correctional center designated under section 408, that official shall commit the prisoner to the official's charge.   [RR 2019, c. 1, Pt. B, §26 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §26 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §413. Report of persons held

§413. Report of persons held
Every provost marshal, commander of the guard, warden, keeper or officer of a city or county jail or other correctional center designated under section 408 to whose charge a prisoner is committed shall, within 24 hours after such commitment or as soon as the official is relieved from guard, report to the official's commanding officer the name of the prisoner, the offense charged against the prisoner and the name of the person who ordered or authorized commitment.   [RR 2019, c. 1, Pt. B, §27 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §27 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §414. Application of the United States Manual for Courts-Martial

§414. Application of the United States Manual for Courts-Martial
Insofar as it is not inconsistent with this Code, the United States Manual for Courts-Martial, as established by executive order of the President of the United States and as revised from time to time, applies to proceedings pursuant to this chapter.   [PL 2001, c. 662, §46 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §46 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §415. Nonjudicial punishment (REPEALED)

§415. Nonjudicial punishment
(REPEALED)
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §§22-25 (AMD). PL 2001, c. 662, §47 (RP).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §416. Court-martial

§416. Court-martial
A court-martial shall have jurisdiction to try persons subject to this Code for any offense defined and made punishable by this Code.   [PL 1983, c. 460, §3 (NEW).]
A court-martial shall consist of:   [PL 1983, c. 460, §3 (NEW).]
1.  With panel.
A military judge and a panel of not less than 3 members; or
[PL 1983, c. 460, §3 (NEW).]
2.  Without panel.
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 the request.
[PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §417. Sentences

§417. Sentences
Except as limited by rules prescribed by the Governor a court-martial may adjudge any one or a combination of the following punishments:   [PL 1983, c. 460, §3 (NEW).]
1.  Confinement.
Confinement at hard labor for not more than 6 months;
[PL 1983, c. 460, §3 (NEW).]
2.  Hard labor.
Hard labor without confinement for not more than 3 months;
[PL 1983, c. 460, §3 (NEW).]
3.  Forfeiture or detention of pay.
Forfeiture or detention of pay not exceeding 2/3 of base pay entitlement per month for 6 months;
[PL 1983, c. 460, §3 (NEW).]
4.  Dismissal.
Dismissal;
[PL 1983, c. 460, §3 (NEW).]
5.  Bad conduct discharge.
Bad conduct discharge;
[PL 1983, c. 460, §3 (NEW).]
6.  Dishonorable discharge.
Dishonorable discharge;
[PL 1983, c. 460, §3 (NEW).]
7.  Reprimand.
Reprimand; or
[PL 1983, c. 460, §3 (NEW).]
8.  Reduction to the lowest rank.
Reduction of noncommissioned officers to the lowest enlisted rank.
[PL 2001, c. 662, §49 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §49 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §418. Jurisdiction

§418. Jurisdiction
The jurisdiction of a court-martial is limited to trial of persons subject to this Code who are accused of military offenses described in this Code. Persons subject to this Code who are accused of offenses cognizable by the civil courts of this State or any other state where the military forces are present may, upon accusation of a civil offense, be surrendered promptly to civil authorities for disposition if the mission of the military force will not be compromised. If the person subject to this Code is accused of both a military offense under this Code and a criminal offense by the civil authorities, that member may be prosecuted by either or both authorities and if found guilty, appropriately punished by either or both authorities.   [PL 2001, c. 662, §50 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §26 (AMD). PL 2001, c. 662, §50 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §419. Convening a court-martial

§419. Convening a court-martial
The convening authority of a court-martial under this Code shall be the Governor or the Adjutant General.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §420. Composition of court-martial

§420. Composition of court-martial
1.  Commissioned officer.
A commissioned officer is eligible to serve on any court-martial for the trial of a person who may lawfully be brought before the court for trial.
[PL 1983, c. 460, §3 (NEW).]
2.  Warrant officer.
A warrant officer is eligible to serve on a court-martial for the trial of a person, other than a commissioned officer, who may lawfully be brought before the court for trial.
[PL 1983, c. 460, §3 (NEW).]
3.  Enlisted member.
An enlisted member is eligible to serve on a court-martial for the trial of an enlisted member of an armed force who may lawfully be brought before the court for trial. An enlisted accused may not be tried by a court-martial that does not include in its membership enlisted members in a number comprising at least 1/3 of the total membership of the court.
[PL 2001, c. 662, §51 (AMD).]
4.  Rank or grade.
Except where it cannot be avoided, a member of the military forces may not be tried by a court-martial any member of which is junior in rank or grade to the member being tried. When convening a court-martial, the convening authority shall detail persons in the military forces who, in the convening authority's opinion, are qualified for the duty by reason of age, education, training, experience, length of service and judicial temperament. No member of the military forces may serve as a member of a court-martial when the member is the accuser or a witness for the prosecution or has acted as investigating officer or as counsel in the same case.
[RR 2019, c. 1, Pt. B, §28 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §51 (AMD). RR 2019, c. 1, Pt. B, §28 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §421. Military judge

§421. Military judge
1.  Appointment.
The authority convening a court-martial shall designate a military judge to preside over each case.
[PL 1983, c. 460, §3 (NEW).]
2.  Qualifications.
A military judge shall:
A. Possess the following military qualifications:
(1) Be a commissioned officer of the state military forces;
(2) Be a commissioned officer of the United States Armed Forces; or
(3) Be a retired officer of the United States Armed Forces; and   [PL 1983, c. 460, §3 (NEW).]
B. Possess the following other qualifications:
(1) Be a member of the bar of the Supreme Judicial Court; and
(2) Be certified as being qualified to serve as military judge by the state judge advocate.   [PL 1983, c. 460, §3 (NEW).]
[PL 1983, c. 460, §3 (NEW).]
3.  Accuser or witness ineligible.
No person is eligible to act as military judge in a case if the person is the accuser or a witness for the prosecution or has acted as investigation officer or a counsel in the same case.
[RR 2019, c. 1, Pt. B, §29 (COR).]
4.  Duties.
A commissioned officer who is certified to be qualified for duty as a military judge of a court-martial may perform those duties only when the commissioned officer is assigned and directly responsible to the Adjutant General. The commissioned officer may perform duties of a judicial or nonjudicial nature other than those relating to the commissioned officer's duty as a military judge of a court-martial when those duties are assigned to the commissioned officer by or with the approval of the state judge advocate. The military judge of a court-martial may not consult with the members of the court, except in the presence of the accused, trial counsel and defense counsel, nor may the military judge vote with the members of the court.
[RR 2019, c. 1, Pt. B, §30 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §§29, 30 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §422. Counsel

§422. Counsel
1.  Appointment.
For each court-martial, the authority convening the court shall detail trial counsel and defense counsel, and such assistants as the authority 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.
[RR 2019, c. 1, Pt. B, §31 (COR).]
2.  Qualifications.
Trial counsel or defense counsel detailed for a court-martial:
A. Shall be:
(1) A graduate of an accredited law school; and
(2) A member of:
(a) The bar of this State;
(b) The bar of a federal court; or
(c) The bar of the highest court of another state; and   [PL 1983, c. 594, §27 (AMD).]
B. Shall be certified as competent to perform those duties by the state judge advocate.   [PL 1983, c. 460, §3 (NEW).]
[PL 1983, c. 594, §27 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §27 (AMD). RR 2019, c. 1, Pt. B, §31 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §423. Court reporters

§423. Court reporters
The convening authority of a court-martial, shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. If a court reporter is not available, the Governor or Adjutant General may authorize the use of audio tape or other electronic transcription equipment to record proceedings. The convening authority of a court-martial, may detail or employ interpreters who shall interpret for the court. The Governor shall adopt rules to implement this section.   [PL 1983, c. 594, §28 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §28 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §424. Members of court-martial

§424. Members of court-martial
1.  Absence.
No member of a court-martial may be absent or excused after the court has been assembled for the trial of the accused, except for physical disability or as a result of a challenge or by order of the convening authority for good cause.
[PL 1983, c. 460, §3 (NEW).]
2.  Vacancies.
Whenever a court-martial other than a court-martial composed of a single military judge is reduced below 3 members, the trial may not proceed until the convening authority details sufficient new members to provide at least 3 members. The trial may proceed with the new members present after the recorded evidence previously introduced to the court has been read to the court in the presence of the military judge, the accused and counsel for both sides.
[PL 1983, c. 460, §3 (NEW).]
3.  Military judge.
If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of section 425, after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or a stipulation thereof is read in court in the presence of the new military judge, the accused and counsel for both sides.
[PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §425. Pretrial procedures

§425. Pretrial procedures
Except as provided otherwise by this Code, the pretrial and trial procedures before a court-martial must be in accordance with the procedures set forth in the United States Uniform Code of Military Justice, Title 10, United States Code, Chapter 47, for a special court-martial and the United States Manual for Courts-Martial as each is revised from time to time.   [PL 2001, c. 662, §52 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §52 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §426. Limitation of charges

§426. Limitation of charges
A person may not be tried by court-martial or punished under section 415‑A if the offense with which that person is charged was committed more than 2 years before the receipt of sworn charges and specifications by an officer exercising court-martial jurisdiction.   [RR 2001, c. 2, Pt. A, §44 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2001, c. 2, §A44 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §427. Witnesses

§427. Witnesses
1.  Oaths.
A military judge detailed under this Code may administer oaths.
[PL 1983, c. 460, §3 (NEW).]
2.  Subpoena.
A military judge, notary public or clerk of any District Court or Superior Court may issue subpoenas for witnesses and subpoenas duces tecum to compel the production of books, papers and photographs relating to any questions in dispute before the court-martial or to any matters involved in a trial by court-martial.
[PL 1983, c. 594, §29 (AMD).]
3.  Fees and mileage.
Fees and mileage payments shall be paid to witnesses at the rate allowed to witnesses attending the District Courts. The fees and mileage payments shall be paid out of the Military Fund.
[PL 1983, c. 460, §3 (NEW).]
4.  Violation.
It is a Class E crime for a person not subject to this Code intentionally to fail to appear as a witness, refuse to qualify as a witness or refuse to produce evidence if that person:
A. Has been subpoenaed to give testimony or produce evidence; or   [PL 1983, c. 460, §3 (NEW).]
B. Has been paid fees and mileage as a witness.   [PL 1983, c. 460, §3 (NEW).]
[PL 1983, c. 460, §3 (NEW).]
5.  Prosecution.
The Attorney General may prosecute persons who violate this section.
[PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §29 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §428. Execution of sentences

§428. Execution of sentences
1.  Imprisonment.
Under instructions issued by the Governor, a sentence of imprisonment adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by imprisonment in any place designated as provided in section 408. Persons confined in a correctional center not under the control of one of the military forces are subject to the same discipline and treatment as persons committed by the courts of the State.
Any period of imprisonment 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 imprisonment is suspended or deferred must be excluded in computing the service of the term of imprisonment.
[PL 2001, c. 662, §53 (AMD).]
2.  Forfeiture.
Whenever a sentence includes both a forfeiture of pay and allowances and imprisonment and the imprisonment is not suspended or deferred, the forfeiture may apply only to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.
[PL 1983, c. 460, §3 (NEW).]
3.  Effective date.
Sentences of courts-martial are effective on the date ordered executed, except another date may be required by subsection 1 or 2.
[PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §53 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §429. Record of trial

§429. Record of trial
After a trial by court-martial, the record shall be forwarded to the convening 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 any officer exercising court-martial jurisdiction.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §430. State judge advocate's opinion

§430. State judge advocate's opinion
The convening authority shall refer the record of each court-martial to the state judge advocate, who shall submit written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §431. Approval of findings and sentence

§431. Approval of findings and sentence
In acting on the findings and sentence of a court-martial, the convening authority may approve only such findings of guilty, and the sentence or such part or amount of the sentence, as the convening authority finds correct in law and fact and as the convening authority in the convening authority's discretion determines should be approved. Unless the convening authority indicates otherwise, approval of the sentence is approval of the findings and sentence.   [RR 2019, c. 1, Pt. B, §32 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §32 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §432. Reconsideration

§432. Reconsideration
1.  Return of record.
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.
[PL 1983, c. 460, §3 (NEW).]
2.  Errors.
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 may the record be returned:
A. For reconsideration of a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty;   [PL 1983, c. 460, §3 (NEW).]
B. 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 some section of this Code; or   [PL 1983, c. 460, §3 (NEW).]
C. For increasing the severity of the sentence, unless the sentence imposed is less than the mandatory sentence prescribed for the offense.   [PL 1983, c. 460, §3 (NEW).]
[PL 1983, c. 460, §3 (NEW).]
3.  Rehearing.
A rehearing must be ordered as follows.
A. If the convening authority disapproves of the findings and sentence, the convening authority shall state the reasons for disapproval, and may order a rehearing, except where there is lack of sufficient evidence in the record to support the findings. If the convening authority disapproves the findings and sentence and does not order a rehearing, the convening authority shall dismiss the charges.   [RR 2019, c. 1, Pt. B, §33 (COR).]
B. Each rehearing must take place before a court-martial composed of members who were not members of the court-martial that first heard the case. Upon a rehearing, the accused may not be tried for any offense of which the accused was found not guilty by the first court-martial. No sentence more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.   [RR 2019, c. 1, Pt. B, §33 (COR).]
[RR 2019, c. 1, Pt. B, §33 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §33 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §433. Appeal

§433. Appeal
Upon petition of the accused, the Supreme Judicial Court shall review the record of any court-martial approved by the convening authority.   [PL 2001, c. 662, §54 (AMD).]
The accused shall file the petition for review within 30 days of the time the accused is notified of the approval of the case by the convening authority.   [PL 2001, c. 662, §54 (AMD).]
On the same date that the accused files the petition for review in the Supreme Judicial Court, the accused shall file a notice of the accused's intention to appeal with the convening authority. Within 30 days, the convening authority shall forward the complete transcript of the case to the Supreme Judicial Court.   [PL 2001, c. 662, §54 (AMD).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §54 (AMD).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §434. Judicial review

§434. Judicial review
In any case reviewed by it, the Supreme Judicial Court may act with respect to any of the findings and sentence as approved by the convening authority. The Supreme Judicial Court shall take action only with respect to matters of law.   [PL 1983, c. 460, §3 (NEW).]
If the Supreme Judicial Court sets aside the findings and sentence, it may order a rehearing, except where the setting aside is based on lack of sufficient evidence in the record to support the findings. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.   [PL 1983, c. 460, §3 (NEW).]
After it has acted on a case, the Supreme Judicial Court may direct the convening authority to take action in accordance with its decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.   [PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §435. Approval by the Governor

§435. Approval by the Governor
No court-martial sentence may be executed until approved by the Governor. The Governor shall approve the sentence or such part, amount or commuted form of the sentence as the Governor sees fit, and may suspend the execution of the sentence or any part of the sentence.   [RR 2019, c. 1, Pt. B, §34 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §34 (COR).
2023 Maine Revised Statutes › TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › Chapter 5: MAINE CODE OF MILITARY JUSTICE › 37-B §436. New trial

§436. New trial
At any time after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on the grounds of newly discovered evidence or fraud on the court. The state judge advocate shall review the petition, the record and such other evidence as the state judge advocate considers appropriate and report to the convening authority the state judge advocate's recommendation to grant or deny a new trial. If a new trial is recommended, the convening authority shall order a rehearing as provided in section 432, subsection 3. Upon filing of the petition for a new trial, any proceedings pending upon appeal or review of sentence must be dismissed.   [RR 2019, c. 1, Pt. B, §35 (COR).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §30 (AMD). RR 2019, c. 1, Pt. B, §35 (COR).