reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.354 - Advice of State Judge Advocate; reference for trial; formal correction of charges.

1. Before directing the trial of any charge by general court-martial, the convening authority shall refer it to the State Judge Advocate for consideration and advice. The convening authority may not refer a specification under a charge to a general court-martial for trial unless the convening authority has been advised in writing by a judge advocate that:
(a) The specification alleges an offense under this Code;
(b) The specification is warranted by evidence indicated in the report of the investigation, if there is such a report; and
(c) A court-martial would have jurisdiction over the accused and the offense.
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 such changes in the charges and specifications as are needed to make them conform to the evidence, may be made.
3. The advice of the State Judge Advocate pursuant to subsection 1, with respect to a specification under a charge, must include a written and signed statement by the judge advocate:
(a) Expressing conclusions with respect to each matter set forth in subsection 1; and
(b) Recommending action that the convening authority take regarding the specification. If the specification is referred for trial, the recommendation of the judge advocate must accompany the specification.
(Added to NRS by 1967, 1320; A 2013, 1124)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.356 - 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. In time of peace no person may, against his or her objection, be brought to trial before a general court-martial within a period of 5 days after the service of the charges upon the person, or before a special court-martial within a period of 3 days after the service of the charges upon the person.
(Added to NRS by 1967, 1320)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.358 - Procedural regulations.

Pretrial, trial and posttrial procedures, including modes of proof, for cases before courts-martial arising under this Code and for courts of inquiry, may be prescribed by the Governor or the Adjutant General by regulations, or as otherwise provided by law. The regulations prescribed under this section must apply the principles of law and the rules of evidence generally recognized in military criminal cases in the courts of the Armed Forces of the United States and must not be contrary to or inconsistent with this Code.
(Added to NRS by 1967, 1321; A 1993, 1610; 2013, 1124)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.362 - Unlawfully influencing action of court.

1. Except as otherwise provided in subsection 2, 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, law officer or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its, his or her 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 the 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.
2. Subsection 1 does not apply with respect to:
(a) 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
(b) To statements and instructions given in open court by the military judge, summary court-martial officer or counsel.
3. 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 is qualified to be advanced in grade, or in determining the assignment or transfer of a member of the state military forces or in determining whether a member of the state military forces should be retained on active status, 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 of a court-martial or witness therein; or
(b) Give a less favorable rating or evaluation of any counsel of the accused because of zealous representation before a court-martial.
(Added to NRS by 1967, 1321; A 2013, 1125)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.366 - Presence of members and parties at proceedings.

1. 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:
(a) 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;
(b) 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;
(c) Holding the arraignment and receiving the pleas of the accused; or
(d) Performing any other procedural function which may be performed by the military judge which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, defense counsel and trial counsel and shall be made a part of the record.
2. The proceedings described in subsection 1 must be conducted in the presence of the accused, defense counsel and trial counsel and must be made a part of the record. Such proceedings are not required to adhere to the provisions of NRS 412.342.
3. Whenever a general or special court-martial deliberates or votes, only the members of the court may be present. All other proceedings, including any other consultation of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel, and the military judge.
(Added to NRS by 1967, 1321; A 1973, 134; 2013, 1126)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.372 - Challenges of military judge and members.

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 military judge 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 be presented and decided before those by the accused are offered, unless justice dictates otherwise.
2. If exercise of a challenge for cause reduces the court below the minimum number of members required by NRS 412.304, all parties shall, notwithstanding NRS 412.342, either exercise or waive any challenge for cause then apparent against the remaining members of the court before additional members are detailed to the court. However, peremptory challenges must not be exercised at that time.
3. Each accused and the trial counsel is entitled to one peremptory challenge, but the military judge may not be challenged except for cause.
4. If exercise of a peremptory challenge reduces the court below the minimum number of members required by NRS 412.304, the parties shall, notwithstanding NRS 412.342, either exercise or waive any remaining peremptory challenge not previously waived against the remaining members of the court before additional members are detailed to the court.
5. Whenever additional members are detailed to the court and after any challenges for cause against such additional members are presented and decided, each accused and the trial counsel are entitled to one peremptory challenge against members not previously subject to peremptory challenge.
(Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.374 - Oaths and affirmations.

1. The military judge, interpreters, and in general and special courts-martial, members, 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. The form of the oath or affirmation, the time and place of the taking thereof, the manner of recording the same and whether the oath or affirmation must be taken for all cases in which these duties are to be performed or for a particular case must be as prescribed in regulation or as provided by law. The regulations may provide that:
(a) An oath or affirmation to perform faithfully the duties of a military judge, trial counsel or defense counsel may be taken at any time by any judge advocate or other person certified or designated to be qualified or competent for the duty; and
(b) If such an oath or affirmation is taken, it need not again be taken at the time the judge advocate or other person is detailed to that duty.
3. Each witness before a military court shall be examined on oath or affirmation.
(Added to NRS by 1967, 1322; A 1973, 135; 2013, 1127)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.378 - Double jeopardy.

1. No person may, without his or her consent, be tried a second time in any military court of the State for the same offense.
2. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense 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 in the sense of this section.
(Added to NRS by 1967, 1322)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.382 - Pleas of accused; effect of plea of guilty.

1. If an accused arraigned before a court-martial makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that the accused has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if the accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though the accused had pleaded not guilty.
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 be entered immediately without vote. This finding constitutes the finding of the court unless the plea of guilty is withdrawn before the announcement of the sentence, in which event the proceedings must continue as though the accused had pleaded not guilty.
(Added to NRS by 1967, 1323; A 2013, 1129)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.384 - Obtaining witnesses and evidence: Procedure; service of process.

1. The trial counsel, the defense counsel and the court-martial must have equal opportunity to obtain witnesses, both civilian and military and other evidence in accordance with Office regulations.
2. The military judge or a summary court officer 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 by attachment the attendance of witnesses and the production of books and papers; and
(d) Sentence for refusal to be sworn or to answer, as provided in actions before civil courts of the State.
3. Process issued in court-martial cases to compel witnesses to appear and testify and to compel the production of other evidence may run to any part of the State and may be executed by military personnel designated by the court-martial, or by civil officers as prescribed by the laws of the State of Nevada.
(Added to NRS by 1967, 1323; A 1973, 135; 1993, 1610)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.386 - Penalty for refusal of person not subject to Code to appear or testify.

Any person not subject to this Code who:
1. Has been subpoenaed to appear as a witness or to produce books and records before a military court or before any military or civil officer designated to take a deposition to be read in evidence before such a court;
2. Has been paid or tendered the fees and mileage of a witness at the rates allowed to witnesses attending a district court of the State; and
3. Willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce,
is guilty of an offense against the State and may be punished in the same manner as if committed before civil courts of the State.
(Added to NRS by 1967, 1323)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.388 - Contempt; penalty.

A military court may punish for contempt any person who uses any menacing word, sign or gesture in its presence, or who disturbs its proceedings by any riot or disorder. The punishment may not exceed confinement for 30 days or a fine of $100, or both. A person not subject to this Code may be punished for contempt by a military court in the same otherwise applicable manner as that person could be punished if found in contempt of a criminal or civil court of the State.
(Added to NRS by 1967, 1323; A 2013, 1129)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.392 - Deposition.

1. At any time after charges have been signed, as provided in NRS 412.344, any party may take oral or written depositions unless an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness.
2. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.
3. Depositions may be taken before and authenticated by any military officer or other person authorized by the laws of the State or by the laws of the place where the deposition is taken to administer oaths.
4. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears:
(a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of 100 miles from the place of hearing;
(b) That the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or
(c) That the present whereabouts of the witness is unknown.
(Added to NRS by 1967, 1323)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.394 - Admissibility of records of courts of inquiry.

1. In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony cannot be obtained may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consents to the introduction of such evidence.
2. Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
3. Such testimony may also be read in evidence before a court of inquiry or a military board.
(Added to NRS by 1967, 1324)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.3945 - Affirmative defense of lack of mental responsibility: Limitations; burden of proof; instructions to members of court.

1. It is an affirmative defense in trial by court-martial that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his or her acts and, thus, lacked mental responsibility for those acts. Mental disease or defect does not otherwise constitute a defense.
2. The accused has the burden of proving the defense of lack of mental responsibility by clear and convincing evidence.
3. Whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge shall instruct the members of the court as to the defense of lack of mental responsibility under this section and charge them to find the accused:
(a) Guilty;
(b) Not guilty; or
(c) Not guilty by reason of lack of mental responsibility.
Notwithstanding the provisions of NRS 412.396, the accused may only be found not guilty by reason of lack of mental responsibility pursuant to paragraph (c) if a majority of the members of the court-martial present at the time the vote is taken determines that the defense of lack of mental responsibility has been established.
4. The provisions of this subsection and subsection 3 do not apply to a court-martial composed only of a military judge. In the case of a court-martial composed only of a military judge or a summary court-martial officer, whenever lack of mental responsibility of the accused with respect to an offense is properly at issue, the military judge or summary court-martial officer shall find the accused:
(a) Guilty;
(b) Not guilty; or
(c) Not guilty only by lack of mental responsibility.
Notwithstanding the provisions of NRS 412.396, the accused may be found not guilty only by reason of lack of mental responsibility pursuant to paragraph (c) only if the military judge or summary court-martial officer determines that the defense of lack of mental responsibility has been established.
(Added to NRS by 2013, 1098)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.396 - Voting; rulings; instructions; findings.

1. Voting by members of a general or special court-martial upon questions of challenge, on the findings and on the sentence must be by secret written ballot. The junior member of the court shall in each case count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court. Unless a ruling is final, if any member objects thereto, the court must be cleared and closed and the question decided by a voice vote as provided in NRS 412.398, beginning with the junior in rank.
2. The military judge shall rule upon all questions of law and all interlocutory questions arising during the proceedings. Except as otherwise provided in this subsection, any such ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused is final and constitutes the ruling of the court, including, without limitation, for the purposes of interlocutory appeal under NRS 412.418 to 412.438, inclusive. During the trial, the military judge may change the ruling at any time.
3. Before a vote is taken on the findings, and except where a court-martial is composed of a military judge alone, the military judge shall, in the presence of the accused and counsel, instruct the court as to the elements of the offense and charge the court:
(a) That the accused must be presumed to be innocent until his or her guilt is established by legal and competent evidence beyond reasonable doubt;
(b) That in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he or she must be acquitted;
(c) That if there is a reasonable doubt as to the degree of guilt, the findings must be in a lower degree as to which there is no reasonable doubt; and
(d) That the burden of proof to establish the guilt of the accused beyond reasonable doubt is upon the State.
4. If the court-martial is composed of a military judge alone, he or she shall determine all questions of law and fact, and, if the accused is convicted, adjudge an appropriate sentence. The military judge shall make a general finding, unless requested to make a special finding of facts. If an opinion or memorandum decision is filed, it is sufficient if the findings of fact appear therein.
(Added to NRS by 1967, 1324; A 1973, 136; 2013, 1129)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.398 - Number of votes required.

1. No person may be convicted of an offense, except by the concurrence of two-thirds of the members present at the time the vote is taken.
2. All sentences shall be determined by the concurrence of two-thirds of the members present at the time that the vote is taken.
3. All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote, but a determination to reconsider a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may be made by voice and by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for finding or sentence. A tie vote on a challenge disqualifies the member challenged. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused’s sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
(Added to NRS by 1967, 1325; A 2013, 1130)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.404 - Record of trial.

1. Each general and special court-martial must keep a separate record of the proceedings of the trial of each case brought before it and the record must be authenticated by the signatures of the president and the military judge. If the record cannot be authenticated by either the president or the military judge, by reason of his or her absence, it must be signed by a member in lieu of him or her. If both the president and the military judge are unavailable, the record must be authenticated by two members. In a court-martial consisting of only a military judge, the court reporter shall authenticate the record under the same conditions which would impose such a duty on a member pursuant to this subsection.
2. A complete verbatim record of the proceedings and testimony must be prepared in each general and special court-martial case resulting in a conviction. In all other court-martial cases, the record must contain such matters as may be prescribed by regulations.
3. Each summary court-martial must keep a separate record of the proceedings in each case, and the record must be authenticated in the manner as may be prescribed by regulations.
4. A copy of the record of the proceedings of each general and special court-martial must be given to the accused as soon as it is authenticated. If a verbatim record of trial by general court-martial is not required by subsection 2, the accused may buy such a record in accordance with Office regulations.
(Added to NRS by 1967, 1325; A 1973, 136; 1993, 1611; 2013, 1130)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.406 - Cruel and unusual punishments prohibited.

Punishment by flogging, or by branding, marking or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
(Added to NRS by 1967, 1325)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.408 - Punishments limited.

1. The punishments which a court-martial may direct for an offense may not exceed limits prescribed by this Code, but a sentence may not exceed more than confinement for 10 years for a military offense nor can a sentence of death be adjudged. Any conviction by general court-martial of any military offense for which an accused can receive a sentence of confinement for more than 1 year is a felony. Except for convictions by a summary court-martial, all other military offenses are misdemeanors. Any conviction by a summary court-martial is not a criminal conviction.
2. The limits of punishment for violations of punitive articles prescribed herein must be the lesser of the sentences prescribed by the
Manual for Courts-Martial of the United States
that went into effect on January 1, 2004, and the most current edition of the State manual for courts-martial, if any, but no punishment may exceed that authorized by this Code.
3. None of the provisions of this Code shall subject anyone to imprisonment for failure to pay a fine imposed by a military court.
(Added to NRS by 1967, 1325; A 2013, 1131)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.412 - Effective date of sentence.

1. Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. No forfeiture may extend to any pay or allowances accrued before that date.
2. Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended must be excluded in computing the service of the term of confinement. Office regulations may provide that sentences of confinement may not be executed until approved by designated officers.
3. All other sentences of courts-martial are effective on the date ordered executed.
(Added to NRS by 1967, 1325; A 1993, 1611)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.414 - Execution of confinement.

1. A sentence of confinement adjudged by a military court, 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 confinement in any place of confinement under the control of any of the forces of the Nevada National Guard or in any jail, detention facility, penitentiary or prison designated for that purpose. Persons so confined in a jail, detention facility, penitentiary or prison are subject to the same discipline and treatment as persons confined or committed to the jail, detention facility, penitentiary or prison by the courts of the State or of any political subdivision thereof.
2. No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
3. The keepers, officers and wardens of city or county jails and of other jails, detention facilities, penitentiaries or prisons designated by the Governor, or by such person as the Governor may authorize to act under NRS 412.276, shall:
(a) Receive persons ordered into confinement before trial and persons committed to confinement by a military court; and
(b) Confine them according to law.
A keeper, officer or warden may not require payment of any fee or charge for so receiving or confining a person.
(Added to NRS by 1967, 1326; A 1989, 1181; 2013, 1131)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.4145 - Deferment of service of sentence of confinement.

1. On application by an accused who is under a sentence of confinement that has not been ordered executed, the convening authority or, if the accused is no longer under that person’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in the sole discretion of that person, defer service of the sentence of confinement. The deferment must terminate when the sentence is ordered executed. The person who granted the deferment may rescind the deferment at any time. If the accused is no longer under the jurisdiction of the person who granted the deferment, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned may rescind the deferment at any time.
2. In any case in which a court-martial sentences an accused referred to in subsection 1 to confinement, the convening authority may defer the service of the sentence of confinement without the consent of the accused until after the accused has been permanently released to the state military forces by a state, the United States or a foreign country.
3. Subsection 1 applies to a person subject to this Code who:
(a) While in the custody of a state, the United States or a foreign country is temporarily returned by that state, the United States or a foreign country to the state military forces for trial by court-martial; and
(b) After the court-martial described in paragraph (a), is returned to that state, the United States or a foreign country under the authority of a mutual agreement or treaty, as the case may be.
4. In any case in which a court-martial sentences an accused to confinement and the sentence of confinement has been ordered executed pending review, the Adjutant General may defer further service of the sentence of confinement while that review is pending.
5. As used in this section, the term "state" includes any state, the District of Columbia and any commonwealth, territory or possession of the United States.
(Added to NRS by 2013, 1099)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.4155 - Forfeiture of pay and allowances during period of confinement or parole; waiver.

1. This section applies to any sentence that includes:
(a) Confinement for more than 6 months; or
(b) Confinement for 6 months or less and a dishonorable discharge, bad-conduct discharge or dismissal.
2. A sentence described in subsection 1 must result in the forfeiture of pay, or of pay and allowances, due the sentenced serviceman or servicewoman during any period of confinement or parole. The forfeiture required pursuant to this subsection must take effect on the date determined under this Code and may be deferred as provided by law. In the case of a general court-martial, all pay and allowances due the sentenced serviceman or servicewoman during such period must be forfeited. In the case of a special court-martial, two-thirds of all pay due the sentenced serviceman or servicewoman during such period must be forfeited.
3. In a case involving an accused who has dependents, the convening authority or other person acting under this Code may waive any or all of the forfeitures of pay and allowances required by subsection 2 for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
4. If the sentence of a serviceman or servicewoman who forfeits pay and allowances under subsection 2 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection 1, the serviceman or servicewoman must be paid the pay and allowances which the serviceman or servicewoman would otherwise have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
(Added to NRS by 2013, 1099)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.4157 - Person sentenced by court-martial may be required to take leave under certain circumstances.

Under regulations prescribed, an accused who has been sentenced by a court-martial may be required to take leave pending completion of any action under NRS 412.304 to 412.4495, inclusive, if the sentence includes an unsuspended dismissal, an unsuspended dishonorable discharge or a bad-conduct discharge. The accused may be required to begin such leave on the date on which the sentence is approved or at any time after such date, and such leave may be continued until the date on which action under NRS 412.304 to 412.4495, inclusive, is completed or may be terminated at an earlier time.
(Added to NRS by 2013, 1102)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.416 - Reduction in enlisted grade upon approval.

1. Unless otherwise provided in Office regulations, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes:
(a) A dishonorable or bad-conduct discharge; or
(b) Confinement,
reduces that member to pay grade E-1, effective on the date of that approval.
2. If the sentence of a member who is reduced in pay grade under subsection 1 is set aside or disapproved, or, as finally approved, does not include punishment named in subsection 1, the rights and privileges of which the member was deprived because of that reduction must be restored to him or her and he or she is entitled to the pay and allowances to which he or she would have been entitled, for the period the reduction was in effect, had the member not been so reduced.
(Added to NRS by 1967, 1326; A 1993, 1611; 2013, 1132)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.418 - Approval and execution or suspension of sentence.

1. Except as otherwise provided in NRS 412.316 to 412.433, inclusive, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by him or her. The convening authority shall approve the sentence or such part, amount or commuted form of the sentence as he or she sees fit, and may suspend the execution of the sentence as approved by him or her.
2. If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is not waived and an appeal is not withdrawn, that part of the sentence extending to dismissal, a dishonorable discharge or a bad-conduct discharge must not be executed until there is a final judgment as to the legality of the proceedings. A judgment as to the legality of the proceedings is final in such cases when review is completed by an appellate court prescribed in NRS 412.432, and is deemed final by the law of the state where judgment was had.
3. If the sentence of the court-martial includes dismissal, a dishonorable discharge or a bad-conduct discharge and if the right of the accused to appellate review is waived or an appeal is withdrawn, the dismissal, dishonorable discharge or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review is completed. The convening authority or other person acting on the case under the Code when so approved under this section may order any other part of a court-martial sentence executed immediately.
(Added to NRS by 1967, 1326; A 2013, 1132)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.423 - Withdrawal by accused of appeal or right to appeal.

1. In each case subject to appellate review pursuant to NRS 412.422, the accused may file with the convening authority a statement expressly withdrawing the right of the accused to such appeal. Such a withdrawal must be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law.
2. The accused may withdraw an appeal at any time in accordance with appellate procedures as provided by law.
(Added to NRS by 2013, 1100)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.424 - Reconsideration and revision of court’s ruling; limitations.

1. 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.
2. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:
(a) For reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty;
(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
(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
(Added to NRS by 1967, 1327)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.426 - Rehearing or dismissal of charges upon disapproval of findings and sentence.

1. If the convening authority disapproves the findings and sentence of a court-martial he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case the convening authority shall state the reasons for disapproval. If the convening authority disapproves the findings and sentence and does not order a rehearing, he or she shall dismiss the charges.
2. Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
(Added to NRS by 1967, 1327; A 2013, 1134)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.428 - Approval by convening authority.

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 he or she finds correct in law and fact and as the convening authority in his or her discretion determines should be approved. Unless he or she indicated otherwise, approval of the sentence is approval of the findings and sentence.
(Added to NRS by 1967, 1327)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.433 - Representation of government and accused upon appeal.

1. The senior force judge advocate shall detail a judge advocate as appellate government counsel to represent the State in the review or appeal of cases specified in NRS 412.432 and before any federal or state court when requested to do so by the Attorney General. Appellate counsel representing the government must be members in good standing of the State Bar of Nevada.
2. Upon an appeal by the State of Nevada, an accused has the right to be represented by detailed military counsel before any reviewing authority and before any appellate court.
3. Upon the appeal by an accused, the accused has the right to be represented by military counsel before any reviewing authority.
4. Upon the request of an accused entitled to be so represented, the senior force judge advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases specified in subsections 2 and 3.
5. An accused may be represented by civilian appellate counsel at no expense to the State.
(Added to NRS by 2013, 1102)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.434 - Error of law; lesser included offense.

1. A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.
2. Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
(Added to NRS by 1967, 1328)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.436 - Counsel for accused at review.

1. Upon the final review of a sentence of a general court-martial or of a sentence to a bad-conduct discharge, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.
2. Upon the request of an accused entitled to be so represented, the State Judge Advocate shall appoint a lawyer who is a member of the Nevada National Guard and who has the qualifications prescribed in NRS 412.336, if available, to represent the accused before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate, in the review of cases specified in subsection 1 of this section.
3. If provided by him or her, an accused entitled to be so represented may be represented by civilian counsel before the reviewing authority, before the staff judge advocate or legal officer, as the case may be, and before the State Judge Advocate.
(Added to NRS by 1967, 1329)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.437 - Procedure applicable to appeal from decision of court-martial.

Decisions of a court-martial are from a court with jurisdiction to issue felony convictions, and appeals are to the court provided by the law of the state in which the court-martial was held. Appeals are to be made to courts of the state where a court-martial is held only after the exhaustion of the review conducted pursuant to NRS 412.418 to 412.438, inclusive. The appellate procedures to be followed must be those provided by law for the appeal of criminal cases thereto.
(Added to NRS by 2013, 1102)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.4375 - Appeals by State.

1. In a trial by court-martial in which a punitive discharge may be adjudged, the State may not appeal a finding of not guilty with respect to the charge or specification by the members of the court-martial, or by a judge in a bench trial, provided that the finding is not made in reconsideration of a sentence or a finding of guilty. The State may appeal the following:
(a) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification;
(b) An order or ruling which excludes evidence that is substantial proof of a fact material to the proceeding;
(c) An order or ruling which directs the disclosure of classified information;
(d) An order or ruling which imposes sanctions for nondisclosure of classified information;
(e) A refusal of the military judge to issue a protective order sought by the State to prevent the disclosure of classified information; and
(f) A refusal by the military judge to enforce an order described in paragraph (e) that has been previously issued by appropriate authority.
2. An appeal of an order or ruling by the State may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within 72 hours after the order or ruling. Such notice must include a certification by the trial counsel that the appeal is not taken for the purpose of delay and, if the order or ruling appealed is one which excludes evidence, that the evidence excluded is substantial proof of a fact material in the proceeding.
3. The State must diligently prosecute an appeal under this section as provided by law.
4. An appeal under this section must be forwarded to the court prescribed in this Code. In ruling on an appeal under this section, the court may act only with respect to matters of law.
5. Any period of delay resulting from an appeal under this section must be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.
(Added to NRS by 2013, 1100)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.438 - Vacation of suspension of sentence.

1. Before the vacation of the suspension of a special court-martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel if he or she so desires.
2. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the Nevada National Guard of which the probationer is a member in all other cases covered by subsection 1. If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
3. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
(Added to NRS by 1967, 1329)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.442 - Petition for new trial.

At any time within 2 years after approval by the convening authority of a court-martial sentence which extends to dismissal, dishonorable or bad-conduct discharge, the accused may petition the Governor for a new trial on ground of newly discovered evidence or fraud on the court-martial.
(Added to NRS by 1967, 1329)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.444 - Remission and suspension of sentence; substitution of administrative discharge.

1. A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures.
2. The Governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial.
(Added to NRS by 1967, 1329)