reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.263 - Failure to comply with procedural provision of Code does not invalidate punishment imposed unless substantial right of servicemen or servicewomen materially prejudiced by error.

Failure to comply with any procedural provision of this Code does not invalidate a punishment imposed pursuant to the Code, unless the error materially prejudiced a substantial right of the servicemen or servicewomen on whom the punishment was imposed.
(Added to NRS by 2013, 1095)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.264 - Judge advocates and legal officers.

1. The Adjutant General shall appoint an officer of the Nevada National Guard as State Judge Advocate. To be eligible for appointment, an officer must have been licensed to practice law in the State of Nevada for at least 5 years and must be qualified to act as a military judge advocate. The State Judge Advocate serves at the pleasure of the Adjutant General.
2. The Adjutant General may appoint as many assistant state judge advocates as he or she deems necessary, who must be officers of the Nevada National Guard and licensed to practice law in the State of Nevada.
3. The State Judge Advocate or his or her assistants shall make frequent inspections in the field to supervise the administration of military justice.
4. Convening authorities shall at all times communicate directly with their staff judge advocate or legal officers in matters relating to the administration of military justice. The staff judge advocate or legal officer of any command may communicate directly with the staff judge advocate or legal officer of a superior or subordinate command, or with the State Judge Advocate.
5. No person who has acted as member, military judge, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case, may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
(Added to NRS by 1967, 1311; A 1973, 132; 1985, 758)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.2645 - Person may not be tried or punished while incompetent.

1. A person may not be tried or adjudged to punishment under this Code while incompetent.
2. For the purposes of this section, a person is incompetent when presently suffering from a mental disease or defect rendering the person unable to understand the nature of the proceedings against that person or to conduct or cooperate intelligently in the defense of the case.
(Added to NRS by 2013, 1098)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.266 - Apprehension by authorized persons; quelling disorder.

1. Any person authorized by this Code, or by Office regulations issued pursuant thereto, to apprehend persons subject to this Code, any marshal of a court-martial appointed pursuant to the provisions of this Code and any peace officer authorized to do so by law may do so upon reasonable belief that an offense has been committed and that the person apprehended committed it.
2. Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this Code and to apprehend persons subject to this Code who take part therein.
(Added to NRS by 1967, 1311; A 1993, 1608)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.267 - Arrest of member failing or refusing to report to place of duty; transport; bail.

1. If any member of the Nevada National Guard fails or refuses to report to his or her appointed place of duty, his or her commanding officer may arrest the member or cause him or her to be arrested, and brought before the commanding officer at the unit or organization headquarters, whether such headquarters are located within or without the borders of the State.
2. After an arrest, the commanding officer may transport, or cause to be transported, the person arrested to his or her appointed place of duty.
3. If military personnel are not available for the purpose of making the arrest, or if the commanding officer deems it advisable, he or she may issue a warrant to any peace officer authorized to serve warrants of arrest in aid of any criminal action. Such peace officer shall serve the warrant in the same manner as other warrants of arrest, and make return thereof to the commanding officer issuing the warrant.
4. If the commanding officer issuing the warrant, or the commanding officer’s authorized representative, is not available to receive the person arrested, the arresting officer shall take him or her before the nearest available magistrate in the State.
5. The magistrate may admit the person arrested to bail conditioned upon his or her appearance before the magistrate at a specified time for surrender to the commanding officer issuing the warrant.
6. If the person arrested is unable to give bail, he or she may be held in the county jail for a period not to exceed 3 days, pending his or her surrender to the commanding officer or the commanding officer’s authorized representative.
(Added to NRS by 1973, 410)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.2675 - Warrant of arrest: Form; fees and mileage for service.

1. Warrants of arrest issued pursuant to NRS 412.267 must be in substantially the following form:
State of Nevada }
}ss.
County of...................... }
To the (Sheriff) (Constable) (Chief of Police) of ................ (County) (Township and County) (City and County):
......................................................................................................................................... ,
(Name of person to be arrested, rank, serial number)
a member of .............................. (Unit designation) Nevada National Guard, having failed or refused to report to his or her appointed place of duty at ................................, you are therefore commanded forthwith to arrest the above-named .............................. and bring him or her before me at ................ The arrest may be made either during the day or at night.
Dated at .....................……………........ this ….…............. day of the month of ………. of the year ……
/s/...................................................................................
(Name, rank, branch, organization,
and designation as commanding officer)
2. Fees and mileage allowed for the service of warrants must be the same as are provided by law for the service of criminal process and must be paid out of money appropriated to the Office of the Military, upon proper application therefor.
(Added to NRS by 1973, 411; A 1993, 1609; 2001, 53)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.268 - Apprehension of deserter.

Any civil officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the Nevada National Guard and deliver him or her into the custody of the Nevada National Guard. If an offender is apprehended outside the State, his or her return to the area must be in accordance with normal extradition procedures or reciprocal agreement.
(Added to NRS by 1967, 1311)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.272 - Order of apprehension, arrest or confinement.

1. An enlisted member may be ordered into arrest or confinement by any commissioned officer by an oral or written order, delivered in person or through other persons subject to this Code or through any person authorized by this Code to apprehend persons. A commanding officer may authorize warrant officers or noncommissioned officers to order enlisted members of his or her command or subject to his or her authority into arrest or confinement.
2. A commissioned officer or warrant officer may be ordered apprehended or into arrest or confinement only by a commanding officer to whose authority he or she is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons apprehended or into arrest or confinement may not be delegated.
3. No person may be ordered apprehended or into arrest or confinement except for probable cause.
4. This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
(Added to NRS by 1967, 1311)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.274 - Restraint of person charged with offense; notice of charges; summary disposition.

1. Any person subject to this Code charged with an offense under this Code shall be ordered into arrest or confinement, as circumstances may require, by a person so authorized by this chapter; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement.
2. When any person subject to this Code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him or her of the specific wrong of which he or she is accused and to try him or her or to dismiss the charges and release him or her.
(Added to NRS by 1967, 1312; A 1973, 410)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.276 - Place of confinement.

Confinement other than in a guardhouse, whether before, during or after trial by a military court, must be executed in civil jails, detention facilities, penitentiaries or prisons designated by the Governor or by such persons as the Governor may authorize to act.
(Added to NRS by 1967, 1312; A 1989, 1180)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.277 - Limitations on confinement.

No member of the state military forces may be placed in confinement in immediate association with:
1. An enemy prisoner; or
2. A person who is a citizen of a country other than the United States and who is not a member of the Armed Forces of the United States.
(Added to NRS by 2013, 1093)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.278 - Receipt of prisoner; report.

1. A provost marshal, commander of a guard, master at arms, keeper or officer of a city or county jail or any other jail, detention facility, penitentiary or prison designated under NRS 412.276 may not refuse to receive or keep any prisoner committed to his or her charge, when the committing person furnishes a statement, signed by him or her, of the offense charged against the prisoner.
2. Every commander of a guard, master at arms, keeper or officer of a city or county jail or of any other jail, detention facility, penitentiary or prison designated under NRS 412.276 to whose charge a prisoner is committed shall, within 24 hours after that commitment or as soon as he or she is relieved from guard, report to the commanding officer of the prisoner the name of the prisoner, the offense charged against the prisoner, and the name of the person who ordered or authorized the commitment.
(Added to NRS by 1967, 1312; A 1977, 871; 1989, 1180)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.282 - Certain punishments prohibited while held for trial or result of trial; performance of labor pending trial or result of trial.

Subject to NRS 412.412, no person, while being held for trial or the result of a trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him or her, nor shall the arrest or confinement imposed upon the person be any more rigorous than the circumstances required to insure his or her presence; but the person may be subjected to minor punishment during that period for infractions of discipline, and may be required to perform such labor as may be necessary for the policing and sanitation of his or her living quarters and messing facilities and the area immediately adjacent thereto.
(Added to NRS by 1967, 1312)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.284 - Delivery of offender to civil authority; return to military authority.

1. Under such Office regulations as may be prescribed under this chapter, a person on active state duty subject to this Code who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial.
2. When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial, and the offender after having answered to the civil authorities for his or her offense must, upon the request of competent military authority, be returned to military custody for the completion of his or her sentence.
(Added to NRS by 1967, 1313; A 1993, 1609)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.286 - Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers.

1. Under Office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302, inclusive, with respect to the kind and amount of punishment authorized and the categories of commanding officers and warrant officers exercising command authorized to exercise those powers. Under Office regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by Office regulations, a commanding officer exercising general court-martial jurisdiction or an officer of general rank in command may delegate his or her powers under NRS 412.286 to 412.302, inclusive, to a principal assistant.
2. When nonjudicial punishment has been imposed for an offense, nonjudicial punishment may not again be imposed for the same offense. Administrative action can be taken for the same offense and will not be considered double punishment under the Code. For the purposes of this subsection, "same offense" means an offense that was part of a single incident or course of conduct.
3. After nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise, unless the punishment imposed was not provided for in the Code.
4. When a commanding officer determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including, without limitation, all such offenses arising from a single incident or course of conduct, must ordinarily be considered together, rather than being made the basis for multiple punishment.
5. Nonjudicial punishment may not be imposed for any offense which was committed more than 3 years before the date of imposition of punishment, unless such 3-year limitation is waived by the accused in writing or unless the accused has filed an appeal under this Code.
6. Nothing in subsection 2 or 4 precludes a commanding officer from imposing, at one time, more than one punishment nonjudicially for the offense or offenses arising from a single incident or course of conduct authorized in the Code.
(Added to NRS by 1967, 1313; A 1993, 1609; 2013, 1113; 2019, 744)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.287 - Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment.

1. Each commanding officer shall maintain good order and discipline in his or her command. If a commanding officer determines that he or she can maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she must do so. If a commanding officer determines that he or she cannot maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she may pursue punitive measures.
2. In determining the appropriate method of punishment, a commanding officer must consider, without limitation:
(a) The nature of the offense;
(b) The nature of the punishment;
(c) The record of the offending serviceman or servicewoman;
(d) The need to maintain good order and discipline; and
(e) The likely effect of the punitive measures on the record of the offending serviceman or servicewoman.
3. Each commanding officer shall, insofar as is practicable, take action to ensure that:
(a) Military justice is exercised promptly and fairly; and
(b) Each matter of a disciplinary or punitive nature is resolved:
(1) At the lowest appropriate level; and
(2) Using the least severe punishment appropriate to the offense.
(Added to NRS by 2013, 1094)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.2875 - Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding.

1. This section sets forth the law, policies and procedures for nonjudicial punishment in the state military forces. Unless modified by this Code, the procedures contained in Chapter 3 of Army Regulation 27-10 and Air Force Instruction 51-202, as they may be amended or replaced, apply to nonjudicial punishment in this Code.
2. Each commanding officer shall use nonjudicial punishment as an essential and prompt means of maintaining good order and discipline, and to promote positive behavior and changes in servicemen and servicewomen without the stigma of a court-martial conviction.
3. No superior may:
(a) Direct that a subordinate authority impose nonjudicial punishment in a particular case; or
(b) Issue regulations or guidelines which suggest to subordinate authorities that certain categories of minor offenses be disposed of by nonjudicial punishment instead of by court-martial or disposed of by administrative corrective measures, or that predetermined types or amounts of punishment be imposed for certain classifications of offenses that the subordinate authority considers appropriate for disposition by nonjudicial punishment.
4. Nonjudicial punishment may be imposed for a minor offense. Whether an offense is minor must be determined by, without limitation:
(a) The nature of the offense and the circumstances surrounding the commission of the offense;
(b) The age, rank, duty assignment, record and experience of the offender; and
(c) The maximum possible sentence that could be imposed for the offense if tried by general court-martial.
5. The decision as to whether an offense is minor is a matter of discretion for the commanding officer imposing nonjudicial punishment. The imposition and enforcement of nonjudicial punishment pursuant to NRS 412.286 to 412.302, inclusive, is not a bar to a trial by court-martial or other legal proceeding for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302, inclusive, but the fact that a nonjudicial punishment has been enforced pursuant thereto may be shown by the accused at trial and when so shown must be considered in determining the severity of punishment to be adjudged in the event of a finding of guilty.
(Added to NRS by 2013, 1094)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.2877 - Authority of commanding officer to impose nonjudicial punishment; limitations on delegation of such authority; withholding of authority by commanding officer from subordinate commanding officer.

1. Commanding officers have authority to impose nonjudicial punishment upon military personnel under their command. The authority of a commanding officer to impose nonjudicial punishment for certain types of offenses or certain categories of persons, or to impose certain types of punishment in specific cases, may be limited or withheld by a superior officer.
2. Only the Governor and general officers in command may delegate their authority under subsection 1 to a principal assistant. This limitation on delegation of authority does not remove the authority of other commanding officers authorized to act under this Code, but such other commanding officers may not delegate that authority. A commanding officer superior to the commanding officer having authority to impose nonjudicial punishment may withhold that authority.
3. A commanding officer at any echelon may withhold from any subordinate commanding officer all or part of the authority prescribed in subsection 1, including, without limitation, the authority to impose nonjudicial punishment for specific types of offenses that the subordinate would otherwise impose. When authority is withheld, such action should be explained in a clearly defined writing or directive. The original of the writing or directive must be filed in the office of the applicable judge advocate who serves the commanding officer whose authority has been withheld. Any such withholding remains in effect when a new commanding officer is appointed or assumes command, until and unless expressly revoked by the superior commanding officer. Any such action should be addressed to the position held by the commanding officer whose authority has been withheld, not to the commanding officer by name.
(Added to NRS by 2013, 1095)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.2879 - No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment.

An accused facing nonjudicial punishment does not have the right to demand a trial by court-martial in lieu of accepting the nonjudicial punishment.
(Added to NRS by 2013, 1095; A 2015, 32; 2019, 745)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.293 - Use of formal proceeding by commanding officer after consultation; notice to accused; accused entitled to consult with counsel; commanding officer not bound by formal rules of evidence.

1. A commanding officer who, after inquiry or investigation, determines that nonjudicial punishment is appropriate for a particular serviceman or servicewoman shall use a formal proceeding. In determining whether nonjudicial punishment is appropriate, the commanding officer shall consult with a judge advocate. The commanding officer may also consult with a superior commissioned officer who is not the superior authority who is to act on appeal pursuant to NRS 412.296.
2. If the commanding officer determines that a formal proceeding is appropriate, the accused must be notified in writing of:
(a) The intent of the commanding officer to initiate nonjudicial punishment;
(b) The intent of the commanding officer to use a formal proceeding;
(c) The maximum punishments allowable under the formal proceeding;
(d) The right of the accused to remain silent;
(e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;
(f) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation;
(g) The right of the accused to consult with a judge advocate and the location of such counsel; and
(h) The right of the accused to appeal.
3. If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel and to gather matters in defense, extenuation and mitigation. This period of time must be at least 48 hours, depending on the availability of counsel, but such period of time may be extended at the request of the accused.
4. The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.
(Added to NRS by 2013, 1096; A 2015, 32; 2019, 745)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.2935 - Announcement of results of punishment.

1. A punishment may be announced at the next formation of the unit of the accused after the punishment is imposed or, if appealed, after the decision on the appeal. The announcement may also be posted on a bulletin board of the unit or published in a newsletter or web publication of the unit.
2. The announcement of the results of punishments may be used to mitigate perceptions of unfairness of punishment and to serve as a deterrent to similar misconduct by other servicemen and servicewomen. The announcement of punishments must not be undertaken to invoke public embarrassment or scorn of the serviceman or servicewoman so punished. Accordingly, the practice of announcing punishments must be undertaken in a consistent manner to avoid the appearance of favoritism or vindictiveness.
3. In deciding whether to announce the punishment of servicemen and servicewomen in the grade of E-5 or above, the commanding officer shall consider the following factors:
(a) The nature of the offense;
(b) The military record and duty position of the serviceman or servicewoman being punished;
(c) The deterrent effect of announcing the punishment;
(d) The impact on the morale or mission of the applicable unit;
(e) The impact on the victim, if any, of the serviceman’s or servicewoman’s offense; and
(f) The impact on the ability of the serviceman or servicewoman to lead.
(Added to NRS by 2013, 1097)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.294 - Suspension, remission or mitigation of punishment.

1. The officer who imposes the punishment authorized in NRS 412.288, or the officer’s successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under NRS 412.288, whether or not executed.
2. In addition, he or she may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected.
3. He or she may also mitigate reduction in grade to forfeiture or detention of pay.
4. When mitigating forfeiture of pay to detention of pay, the amount of the detention must not be greater than the amount of the forfeiture.
5. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under NRS 412.286 to 412.302, inclusive, by the officer who imposed the punishment mitigated.
(Added to NRS by 1967, 1314; A 2013, 1116)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.298 - Disciplinary punishment not bar to court-martial.

The imposition and enforcement of disciplinary punishment pursuant to NRS 412.286 to 412.302, inclusive, for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission and not properly punishable pursuant to NRS 412.286 to 412.302, inclusive, but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(Added to NRS by 1967, 1315; A 2013, 1118)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.302 - Records of nonjudicial punishment.

The Adjutant General may, by Office regulation, prescribe the form of records to be kept of proceedings under NRS 412.286 to 412.302, inclusive, and may also prescribe that certain categories of those proceedings must be in writing.
(Added to NRS by 1967, 1315; A 1993, 1610)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.304 - Courts-martial of Nevada National Guard not in federal service; composition.

1. In the Nevada National Guard not in federal service, there are general, special and summary courts-martial constituted like similar courts of the Army and Air Force. They have the jurisdiction and powers, except as to punishments, and must follow the forms and procedures provided for those courts.
2. The three types of courts-martial for the state military forces include:
(a) General courts-martial, consisting of:
(1) A military judge and not less than five members; or
(2) Only a military judge if, before the court is assembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests orally on the record or in writing a court composed of only a military judge, and the military judge approves the request.
(b) Special courts-martial, consisting of:
(1) A military judge and not less than three members; or
(2) Only a military judge if one has been detailed to the court and the accused, under the same conditions as those prescribed in subparagraph (2) of paragraph (a) of this subsection, so requests and the military judge approves the request.
(c) Summary courts-martial, consisting of one commissioned officer.
(Added to NRS by 1967, 1315; A 1973, 133; 2013, 1118)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.306 - Jurisdiction of courts-martial of each force.

The ground force and the air force of the Nevada National Guard has court-martial jurisdiction over all persons subject to this Code. The exercise of jurisdiction by one force over personnel of another force must be in accordance with Office regulations.
(Added to NRS by 1967, 1316; A 1993, 1610)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.307 - Jurisdiction of courts-martial of each component and branch of state military forces.

Each component or branch of the state military forces has court-martial jurisdiction over all servicemen and servicewomen of that particular component or branch who are subject to this Code. Additionally, the Nevada Army National Guard and Nevada Air National Guard have court-martial jurisdiction over all servicemen and servicewomen subject to this Code.
(Added to NRS by 2013, 1098)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.308 - General court-martial.

Subject to NRS 412.306, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the Governor may prescribe, adjudge any punishment allowed by the Code.
(Added to NRS by 1967, 1316; A 2013, 1119)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.312 - Special court-martial.

Subject to NRS 412.306, special courts-martial have jurisdiction to try persons subject to this Code for any offense for which they may be punished under this Code and may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except for dishonorable discharge, dismissal, confinement for more than 1 year, forfeiture of pay exceeding one-half pay per month or forfeiture of pay for more than 1 year.
(Added to NRS by 1967, 1316; A 2013, 1119)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.314 - Summary court-martial.

1. Subject to NRS 412.306, summary courts-martial have jurisdiction to try persons subject to this Code, except officers, cadets, candidates and midshipmen, for any offense made punishable by this Code under such limitations as the Governor may prescribe.
2. No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if the person objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial may be ordered, as may be appropriate. Summary courts-martial may, under such limitations as the Governor may prescribe, adjudge any punishment not forbidden by this Code except dismissal, dishonorable or bad-conduct discharge, confinement for more than 1 month, restriction to specified limits for more than 2 months or forfeiture of more than one-half of 1 month’s pay.
(Added to NRS by 1967, 1316; A 2013, 1119)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.322 - Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice.

A general or special court-martial convened for the trial of a person charged with committing an offense after the declaration of a war or national emergency and before the time when the person is brought under the jurisdiction of the United States Uniform Code of Military Justice, 10 U.S.C. chapter 47, may, upon conviction, adjudge such punishment as may be appropriate, except that it may not exceed that authorized for a similar offense by the United States Uniform Code of Military Justice.
(Added to NRS by 1967, 1316)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.324 - Convening general court-martial.

1. In the Nevada National Guard not in federal service, a general court-martial may be convened by the:
(a) Governor;
(b) Adjutant General;
(c) Commanding officer of a component of the state military forces;
(d) Commanding officer of a division or a separate brigade; or
(e) Commanding officer of a separate wing.
2. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
(Added to NRS by 1967, 1317; A 2013, 1120)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.326 - Convening special court-martial.

1. In the Nevada National Guard not in federal service, a special court-martial may be convened by:
(a) Any person who may convene a general court-martial;
(b) The commanding officer of a garrison, fort, post, camp, Nevada Air National Guard base or naval base or station;
(c) The commanding officer of a brigade, regiment, detached battalion or corresponding unit of the Nevada Army National Guard;
(d) The commanding officer of a wing, group, separate squadron or corresponding unit of the Nevada Air National Guard; or
(e) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.
2. When any such officer is an accuser, the court must be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.
(Added to NRS by 1967, 1317; A 2013, 1120)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.328 - Convening summary court-martial.

1. In the Nevada National Guard not in federal service, a summary court-martial may be convened by:
(a) Any person who may convene a general court-martial;
(b) The commanding officer of a detached company or other detachment or corresponding unit of the Nevada Army National Guard;
(c) The commanding officer of a detached squadron or other detachment or the corresponding unit of the Nevada Air National Guard; or
(d) The commanding officer or officer in charge of any other command when empowered by the Adjutant General.
2. When only one commissioned officer is present with a command or detachment he or she shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases brought before him or her. Summary courts-martial may, however, be convened in any case by superior competent authority when considered desirable by such authority.
(Added to NRS by 1967, 1317; A 2013, 1120)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.334 - Military judge of general or special court-martial.

1. A military judge must be detailed to each general and special court-martial. The military judge shall preside over each open session of the court-martial to which the military judge has been detailed.
2. The authority convening a general or special court-martial shall request the State Judge Advocate to detail a military judge. Neither the convening authority nor any staff member of the convening authority may prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge who is detailed if the report relates to the military judge’s performance of duty as a military judge.
3. No person may act as military judge in a case wherein the person is the accuser, a witness, counsel or has acted as investigating officer.
4. The military judge may not consult with the members of the court except in the presence of the accused and trial and defense counsel, nor may he or she vote with the members of the court.
(Added to NRS by 1967, 1318; A 1973, 133; 2013, 1122)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.3345 - Military judge: Qualifications.

1. A military judge must be:
(a) An active or retired commissioned officer of an organized state military force or in federal service;
(b) One of the following:
(1) A member in good standing of the State Bar of Nevada;
(2) A member of the bar of a federal court for at least 5 years; or
(3) A person who is licensed to practice law in a state other than the State of Nevada, certified by the Adjutant General of the state in which the military judge is licensed, and a member in good standing therein, and who has received permission from the State Bar of Nevada to sit as a military judge; and
(c) Certified as qualified for duty as a military judge by the senior force judge advocate of the same military force of which the accused is a member.
2. If a military judge is not a member of the State Bar of Nevada, the military judge shall be deemed admitted pro hac vice, subject to filing with the senior force judge advocate of the same military force of which the accused is a member a certificate setting forth that the other qualifications provided in subsection 1 have been met.
(Added to NRS by 2013, 1097)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.336 - Trial counsel and defense counsel.

1. For each general and special court-martial the authority convening the court shall request the State Judge Advocate to detail trial and defense counsel and such assistants as he or she considers appropriate.
2. No person who has acted as investigating officer, military judge or court member may thereafter act as trial counsel or assistant trial counsel in the same case.
3. Unless requested by the accused, no person who has acted as investigating officer, military judge or court member may thereafter act as defense counsel or assistant defense counsel in the same case.
4. No person who has acted for the prosecution may thereafter act for the defense in the same case; nor may any person who has acted for the defense act for the prosecution in the same case.
5. Counsel for general and special courts-martial shall be a member of the bar of the highest court of a state or of a federal court.
6. Except as otherwise provided in subsection 7, trial counsel or defense counsel detailed for a general or special court-martial must be a judge advocate, and trial counsel must be a member in good standing of the State Bar of Nevada.
7. In the instance when defense counsel is not a member of the State Bar of Nevada, the defense counsel must be deemed admitted pro hac vice, subject to filing a certificate with the military judge setting forth the qualifications that counsel is:
(a) A commissioned officer of the Armed Forces of the United States or a component thereof;
(b) A member in good standing of the bar of the highest court of his or her state; and
(c) Certified as a judge advocate in the Judge Advocate General’s Corps of the Army, Air Force, Navy or the Marine Corps; or
(d) A judge advocate as defined in this Code.
(Added to NRS by 1967, 1318; A 1973, 142; 1975, 78; 2013, 1122)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.338 - Court reporter and interpreter.

Under Office regulations, the convening authority of a general or special court-martial or court of inquiry shall detail or employ qualified court reporters, who shall record the proceedings of and testimony taken before that court. Under like regulations the convening authority of a military court may detail or employ interpreters who shall interpret for the court.
(Added to NRS by 1967, 1318; A 1993, 1610)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.342 - Absence or excusal of member of court-martial; detailing of additional members or judge; effect of new members or judge on trial.

1. No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused unless:
(a) Excused as a result of a challenge;
(b) Excused by the military judge for physical disability; or
(c) By order of the convening authority for good cause.
2. Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below five members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than five members. When the new members have been sworn, the trial may proceed after the recorded testimony of each witness previously examined has been read to the court in the presence of the military judge, the accused and counsel.
3. Whenever a special court-martial is reduced below three members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three members. When the new members have been sworn, the trial shall proceed as if no evidence has previously been introduced, unless a verbatim record of the testimony of previously examined witnesses or a stipulation thereof is read to the court in the presence of the accused and counsel.
4. If the military judge of a court-martial composed of a military judge only is unable to proceed with trial because of physical disability, as a result of a challenge or for other good cause, the trial will proceed, subject to any applicable conditions of NRS 412.334, 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.
(Added to NRS by 1967, 1319; A 1973, 134; 2013, 1122)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.344 - Charges and specifications.

1. Charges and specifications shall be signed by a person subject to this Code under oath before a person authorized by this Code to administer oaths and shall state:
(a) That the signer has personal knowledge of, or has investigated, the matters set forth therein; and
(b) That they are true in fact to the best of his or her knowledge and belief.
2. Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him or her as soon as practicable.
(Added to NRS by 1967, 1319)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.346 - Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited; accused must be informed of his or her rights.

1. No person subject to this Code may compel any person to incriminate himself or herself or to answer any question the answer to which may tend to incriminate him or her.
2. No person subject to this Code may interrogate, or request any statement from, an accused or a person suspected of an offense without first:
(a) Informing him or her of the nature of the accusation;
(b) Advising him or her that he or she does not have to make any statement regarding the offense of which he or she is accused or suspected and that any statement made by him or her may be used as evidence against him or her in a trial by court-martial; and
(c) Advising him or her that he or she has a right to consult with a lawyer, that he or she has a right to have a lawyer present during questioning, that he or she has a right to be represented by a lawyer and that upon his or her request, one will be provided him or her without cost, or, if he or she prefers, he or she may retain counsel of his or her choice, at his or her own expense.
3. No person subject to this Code may compel any person to make a statement or produce evidence before any military tribunal if the statement or evidence is not material to the issue and may tend to degrade him or her.
4. No statement obtained from any person in violation of this section, or through the use of coercion, unlawful influence or unlawful inducement may be received in evidence against him or her in a trial by court-martial.
(Added to NRS by 1967, 1319; A 1973, 295)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.348 - Investigation: Procedure; rights of accused; uncharged offenses.

1. No charge or specification may be referred to a general court-martial for trial until a thorough and impartial investigation of all the matters set forth therein has been made. This investigation shall include inquiry as to the truth of the matter set forth in the charges, consideration of the form of charges, and a recommendation as to the disposition which should be made of the case in the interest of justice and discipline.
2. The accused shall be advised of the charges against him or her and of his or her right to be represented at that investigation by counsel. Upon his or her own request he or she shall be represented by civilian counsel if provided by him or her, or military counsel of his or her own selection if such counsel is reasonably available, or by counsel detailed by the officer exercising general court-martial jurisdiction over the command. At that investigation full opportunity shall be given to the accused to cross-examine witnesses against him or her if they are available and to present anything he or she may desire in his or her own behalf, either in defense or mitigation, and the investigating officer shall examine available witnesses requested by the accused. If the charges are forwarded after the investigation, they shall be accompanied by a statement of the substance of the testimony taken on both sides and a copy thereof shall be given to the accused.
3. If an investigation of the subject matter of an offense has been conducted before the accused is charged with an offense, and if the accused was present at the investigation and afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2, no further investigation of that charge is necessary under this section unless it is demanded by the accused after he or she is informed of the charge. A demand for further investigation entitles the accused to recall witnesses for further cross-examination and to offer any new evidence in his or her own behalf.
4. If evidence adduced in an investigation under this section indicates that the accused committed an uncharged offense, the investigating officer may investigate the subject matter of that offense without the accused having first been charged with the offense if the accused is:
(a) Present at the investigation;
(b) Informed of the nature of each uncharged offense investigated; and
(c) Afforded the opportunities for representation, cross-examination and presentation prescribed in subsection 2.
5. The requirements of this section are binding on all persons administering this Code but failure to follow them does not divest a military court of jurisdiction.
(Added to NRS by 1967, 1319; A 2013, 1123)
2023 Nevada Revised Statutes › Chapter 412 - State Militia › NRS 412.352 - Forwarding of charges to Governor.

When a person is held for trial by general court-martial the commanding officer shall, within 8 days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the Governor. If that is not practicable, the commanding officer shall report in writing to the Governor the reasons for delay.
(Added to NRS by 1967, 1320)