reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 07 - National Guard Pay And Allowances › Section 33-7-6 - Reimbursement for certain expenses--Use of transportation assets for military purposes

33-7-6. Reimbursement for certain expenses--Use of transportation assets for military purposes.
Any member of the National Guard performing state active duty shall be reimbursed for all necessary expenses pursuant to §3-9-2. For purposes of this section, necessary expenses include costs of transportation to and from a duty location as directed, subsistence, quarters, and uniform maintenance or replacement.
The adjutant general, on approval of the Governor, may authorize the use of state transportation assets at the adjutant general's disposal for the use of the National Guard on state active duty or to support military schools of instruction, investigations, boards of survey, inspections, annual conventions of the officers and enlisted association of the National Guard, or any other uses deemed necessary for military purposes.
Source:
SL 1887, ch 100, §61; CL 1887, §1977; RPolC 1903, §2514; SL 1903, ch 185, §§37, 42; SL 1917, ch 297, §40; RC 1919, §10600; SDC 1939, §41.0151; SL 1986, ch 27, §22; SL 2007, ch 187, §67.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 07 - National Guard Pay And Allowances › Section 33-7-7 - Medical care of temporarily injured or ill members--Continuation of pay and allowances.

33-7-7. Medical care of temporarily injured or ill members--Continuation of pay and allowances.
Any member of the National Guard who is temporarily injured or who becomes temporarily ill while serving on state active duty shall receive medical care at the expense of the state until cleared to return to the member's regular employment by a medical review board appointed by the adjutant general. The injured or ill member shall remain on state active duty and shall receive full pay and allowances until released by the board.
Source:
SL 1901, ch 176, §8; RPolC 1903, §2497; SL 1903, ch 185, §76; SL 1917, ch 297, §77; RC 1919, §10637; SDC 1939, §41.0185; SL 1957, ch 206; SL 2007, ch 187, §68.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-1 - Authority of Governor to order active service--Application of other public officials.

33-9-1. Authority of Governor to order active service--Application of other public officials.
In case of war, insurrection, rebellion, riot, invasion, resistance to the execution of the law of this state or of the United States, or in the event of public disaster or upon application of any marshal of the United States, or the mayor of any first or second class municipality or any sheriff in this state, the Governor may order into active service all or any portion of the national guard.
Source:
SL 1887, ch 100, §§43, 44; CL 1887, §§1959, 1960; SL 1893, ch 117, §14; SL 1901, ch 176, §8; RPolC 1903, §2497; SL 1903, ch 185, §27; SL 1917, ch 297, §37; RC 1919, §10597; SDC 1939, §41.0149; SL 1951, ch 206; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-2 - Absence of Governor--Authority of National Guard commanders.

33-9-2. Absence of Governor--Authority of National Guard commanders.
If the Governor is absent or cannot be immediately communicated with, any civil officer named in §33-9-1 may, if the civil officer deems the occasion sufficiently urgent, apply electronically, telephonically, or in writing to the commanding officer of any unit of the National Guard, who may, upon approval by the adjutant general, if the danger is great and imminent, order out of the unit such South Dakota National Guard members as the commanding officer deems necessary to the assistance of the civil officer.
Source:
SL 1903, ch 185, §27; SL 1917, ch 297, §37; RC 1919, §10597; SDC 1939, §41.0149; SL 1951, ch 206; SL 2007, ch 187, §78.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-3 - Delivery and communication of active service order--Procedure.

33-9-3. Delivery and communication of active service order--Procedure.
Any order pursuant to §33-9-1 or 33-9-2 shall be delivered to the commanding officer and immediately communicated by the commanding officer to each subordinate officer. Each company commander receiving the order shall immediately communicate the substance of the order to each member of the company being called to duty. If any such member cannot be found, a notice in writing containing the substance of the order shall be left at the last and usual place of residence of the member with some person of suitable age and discretion, to whom its contents shall be explained.
Source:
SL 1903, ch 185, §27; SL 1917, ch 297, §37; RC 1919, §10597; SDC 1939, §41.0149; SL 1951, ch 206; SL 2007, ch 187, §79.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-7 - Accessories to disobedience--Misdemeanor.

33-9-7. Accessories to disobedience--Misdemeanor.
Any person who advises or endeavors to persuade any officer or enlisted member of the National Guard to refuse or neglect to appear at such place or obey such orders is guilty of a Class 2 misdemeanor.
Source: SL 1903, ch 185, §28; SL 1917, ch 297, §38; RC 1919, §10598; SDC 1939, §41.9904; SL 1976, ch 158, §43-6; SL 2023, ch 109, §9.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-8 - Response to disasters--Suppression of riots--Duty to obey civilian officials.

33-9-8. Response to disasters--Suppression of riots--Duty to obey civilian officials.
An armed force may be called out to respond to public disaster resulting from flood, conflagration, or tornado, or for the purpose of suppressing any tumult or riot, or for the purpose of dispersing any group of persons that is acting together by force with intent to commit any felony or to offer violence to persons or property, or that is acting with intent by force or violence to resist or oppose the execution of the laws of this state. Upon arrival at the place of such unlawful, riotous, or tumultuous assembly, the armed force shall obey any orders by the Governor for suppressing the riot or tumult or for dispersing and arresting all persons who are committing any such offenses. The armed force shall also obey any such orders from any judge of a court of record, or from the sheriff of the county, and also any further orders for such purposes from any two of the magistrates or other officers mentioned in this section.
Source:
SL 1917, ch 297, §71; RC 1919, §10631; SDC 1939, §41.0179; SL 2007, ch 187, §83.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-9 - Injuries in course of riot suppression--Members and magistrates exonerated--Rioters held to answer.

33-9-9. Injuries in course of riot suppression--Members and magistrates exonerated--Rioters held to answer.
If the efforts made pursuant to §33-9-8 by, or at the direction of, any of the magistrates or officers mentioned in §33-9-8 to disperse any unlawful, riotous, or tumultuous assembly, or to seize and secure the persons who have assembled and have refused to disperse, though the number remaining may be less than twelve, cause any such person or other persons present as spectators or otherwise to be killed or wounded, such magistrates and officers, and all persons acting by their order and under their direction, are held guiltless and fully justified in law. If any of such magistrates or officers or any persons acting by their order or under their direction are killed or wounded, any person who is unlawfully, riotously, and tumultuously assembled is answerable for the death or injury in a court of law.
Source:
SL 1917, ch 297, §71; RC 1919, §10631; SDC 1939, §41.0179; SL 2007, ch 187, §84.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-10 - Immunity of commanding officers and members of military forces.

33-9-10. Immunity of commanding officers and members of military forces.
The commanding officer and members of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws, have the same immunity as law enforcement officers.
Source:
SDC 1939, §41.0179; SL 2007, ch 187, §85.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-11 - Compensation and expenses during active service.

33-9-11. Compensation and expenses during active service.
In active service pursuant to §§33-9-1 to 33-9-3, inclusive, the compensation and expenses of the national guard and claims of the members thereof for injury or illness incurred in line of duty, shall be paid out of any funds in the state treasury not otherwise appropriated.
Source:
SDC 1939, §41.0149; SL 1951, ch 206.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-13 - State service periods--Rights and benefits.

33-9-13. State service periods--Rights and benefits.
In accordance with paragraph (h) of Article III of the compact members of the National Guard Forces of South Dakota shall be deemed to be in state service at all times when engaged pursuant to this compact, and shall be entitled to all rights and benefits provided by the State of South Dakota.
Source:
SL 1969, ch 171, §3.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 09 - Active Service Of National Guard › Section 33-9-14 - Claims--Payment.

33-9-14. Claims--Payment.
Upon presentation of a claim therefor by an appropriate authority of a state whose national guard forces have aided the State of South Dakota pursuant to the compact, any liability of South Dakota pursuant to paragraph (f) of Article III of the compact shall be paid out of the general fund of South Dakota.
Source:
SL 1969, ch 171, §2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-21 - Persons subject to this code.

33-10-21. Persons subject to this code.
This code applies at all times to all members of the state military forces and all other military forces attached or assigned thereto.
Source:
SL 2012, ch 175, §2.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-22 - Subject matter jurisdiction--Primary jurisdiction.

33-10-22. Subject matter jurisdiction--Primary jurisdiction.
Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force. Courts-martial have primary jurisdiction of military offenses as defined in §33-10-20. A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.
Source:
SL 2012, ch 175, §3.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-23 - Jurisdiction over persons charged with fraudulent discharge.

33-10-23. Jurisdiction over persons charged with fraudulent discharge.
Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to §§33-10-126 to 33-10-129, inclusive, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.
Source:
SL 2012, ch 175, §4.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-24 - Jurisdiction over deserters.

33-10-24. Jurisdiction over deserters.
No person who has deserted from the state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
Source:
SL 2012, ch 175, §5.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-25 - Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction.

33-10-25. Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction.
This code has applicability at all times and in all places, provided that either the person subject to the code is in a duty status or, if not in a duty status, that there is a nexus between the act or omission constituting the offense and the efficient functioning of the state military forces. However, this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction over an offense, which is limited only by the prohibition of double jeopardy.
Source:
SL 2012, ch 175, §6.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-26 - Extraterritorial jurisdiction.

33-10-26. Extraterritorial jurisdiction.
Courts-martial and courts of inquiry may be convened and held in units of the state military forces while those units are serving outside the state with the same jurisdiction and powers as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
Source:
SL 2012, ch 175, §7.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-27 - Judge advocate supervision.

33-10-27. Judge advocate supervision.
The senior force judge advocates in each of the state's military forces or that judge advocate's delegates shall make frequent inspections in the field in supervision of the administration of military justice in that force.
Source:
SL 2012, ch 175, §8.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-28 - Communication with judge advocates.

33-10-28. Communication with judge advocates.
Convening authorities shall at all times communicate directly with their judge advocates in matters relating to the administration of military justice. The judge advocate of any command is entitled to communicate directly with the judge advocate of a superior or subordinate command, or with the state judge advocate.
Source:
SL 2012, ch 175, §9.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-29 - Judge advocate to reviewing authority.

33-10-29. Judge advocate to reviewing authority.
No person who has acted as member, military judge, trial counsel, defense counsel, or investigating officer, or who has been a witness, in any case may later act as a judge advocate to any reviewing authority upon the same case.
Source:
SL 2012, ch 175, §10.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-31 - Persons authorized to apprehend upon probable cause.

33-10-31. Persons authorized to apprehend upon probable cause.
Any person authorized by this code or by chapter 47 of Title 10, United States Code, or by regulations issued under either, 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 or civil officer having authority to apprehend offenders under the laws of the United States or of a state, may do so upon probable cause that an offense has been committed and that the person apprehended committed it.
Source:
SL 2012, ch 175, §12.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-32 - Quelling of or apprehension for quarrels, frays, and disorders.

33-10-32. Quelling of or apprehension for quarrels, frays, and disorders.
Commissioned officers, warrant officers, petty 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.
Source:
SL 2012, ch 175, §13.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-33 - Extradition.

33-10-33. Extradition.
If an offender is apprehended outside the state, the offender's return to the area must be in accordance with normal extradition procedures or by reciprocal agreement.
Source:
SL 2012, ch 175, §14.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-34 - Fees for apprehension.

33-10-34. Fees for apprehension.
No person authorized by this section to apprehend persons subject to this code or the place where such offender is confined, restrained, held, or otherwise housed may require payment of any fee or charge for so receiving, apprehending, confining, restraining, holding, or otherwise housing a person except as otherwise provided by law.
Source:
SL 2012, ch 175, §15.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-35 - Arrest and confinement defined.

33-10-35. Arrest and confinement defined.
Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing the person to remain within certain specified limits. Confinement is the physical restraint of a person.
Source:
SL 2012, ch 175, §16.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-36 - Arrest or confinement of enlisted member.

33-10-36. Arrest or confinement of enlisted member.
An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code. A commanding officer may authorize warrant officers, petty officers, or noncommissioned officers to order enlisted members of the commanding officer's command or subject to the commanding officer's authority into arrest or confinement.
Source:
SL 2012, ch 175, §17.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-37 - Arrest or confinement of commissioned officer, warrant officer, or civilian.

33-10-37. Arrest or confinement of commissioned officer, warrant officer, or civilian.
A commissioned officer, a warrant officer, or a civilian subject to this code or to trial thereunder may be ordered into arrest or confinement only by a commanding officer to whose authority the person is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.
Source:
SL 2012, ch 175, §18.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-39 - Custody before notification of proper authority.

33-10-39. Custody before notification of proper authority.
Sections 33-10-35 to 33-10-38, inclusive, do not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until proper authority may be notified.
Source:
SL 2012, ch 175, §20.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-40 - Notice of offense--Diligent steps for trial or dismissal.

33-10-40. Notice of offense--Diligent steps for trial or dismissal.
If any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform the person of the specific wrong of which the person is accused and diligent steps shall be taken to try the person or to dismiss the charges and release the person.
Source:
SL 2012, ch 175, §21.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-41 - Place of confinement.

33-10-41. Place of confinement.
If a person subject to this code is confined before, during, or after trial, confinement may be in a civilian or military confinement facility.
Source:
SL 2012, ch 175, §22.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-42 - Receiving of prisoners.

33-10-42. Receiving of prisoners.
No person authorized to receive prisoners pursuant to this code may refuse to receive or keep any prisoner committed to the person's charge by a commissioned officer of the state military forces, if the committing officer furnishes a statement, signed by such officer, of the offense charged against the prisoner, unless otherwise authorized by law.
Source:
SL 2012, ch 175, §23.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-43 - Reports of prisoners.

33-10-43. Reports of prisoners.
Each person authorized to receive prisoners pursuant to this code to whose charge a prisoner is committed shall, within twenty-four hours after that commitment or as soon as the person 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.
Source:
SL 2012, ch 175, §24.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-44 - Confinement with enemy prisoners prohibited.

33-10-44. Confinement with enemy prisoners prohibited.
No member of the state military forces may be placed in confinement in immediate association with enemy prisoners or other foreign nationals not members of the armed forces.
Source:
SL 2012, ch 175, §25.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-45 - Punishment prohibited before trial.

33-10-45. Punishment prohibited before trial.
No person, while being held for trial or awaiting a verdict, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against the person. The arrest or confinement imposed upon such person may not be any more rigorous than the circumstances required to insure the person's presence, but the person may be subjected to minor punishment during that period for infractions of discipline.
Source:
SL 2012, ch 175, §26.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-46 - Delivery of offenders to civil authorities.

33-10-46. Delivery of offenders to civil authorities.
A person subject to this code accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial or confinement.
Source:
SL 2012, ch 175, §27.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-47 - Completion of sentence of court martial upon return from civil authority.

33-10-47. Completion of sentence of court martial upon return from civil authority.
If delivery is made to any civil authority pursuant to §33-10-46 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 the offense shall, upon the request of competent military authority, be returned to the place of original custody for the completion of the person's sentence.
Source:
SL 2012, ch 175, §28.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-48 - Failure of enlisted member to report for duty--Arrest--Fees--Promulgation of rules.

33-10-48. Failure of enlisted member to report for duty--Arrest--Fees--Promulgation of rules.
If the Governor, as commander in chief, issues an order to the National Guard, or any portion thereof, or the commanding officer of an organization issues any order, to perform any military duty that may be required under the law and regulations, and any enlisted servicemember fails to report for duty, any law enforcement officer shall, upon written request of the commanding officer of such company or troop, if furnished with a copy of the order of the Governor or the commanding officer of the organization, arrest the enlisted servicemember and deliver that enlisted servicemember in person to the commanding officer wherever the commanding officer may direct. The law enforcement officer shall be allowed the same fees and mileage for such service as are now allowed by law in criminal cases. The fees and mileage shall in the first instance be paid by the state if the servicemember's duties are in the service of the state, otherwise the fees and mileage shall be paid as the United States so provides. The fees and mileage may be recovered from the servicemember in accordance with the rules and regulations of the United States armed forces. The Adjutant General may promulgate rules, pursuant to chapter 1-26, to provide for the recovery of fines and mileage from a servicemember who fails to report for military duty as ordered.
Source: SL 2012, ch 175, §29; SL 2023, ch 109, §11.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-49 - Arrest or confinement for disobedience or disruption--Trespassers.

33-10-49. Arrest or confinement for disobedience or disruption--Trespassers.
The commanding officer at any encampment, parade, drill, muster, annual training, or other rendezvous of the National Guard may order subordinates to perform any lawful military duty. The commanding officer may place in arrest during the time of such meeting, and confine under guard, if necessary, any officer or enlisted member who disobeys the orders of a superior officer or in any way interrupts the training or exercises. The commanding officer may remove any other person who trespasses on the parade ground or armory, or in any way interrupts the orderly discharge of duty of any National Guard member.
Source:
SL 2012, ch 175, §30.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-50 - Commanding officer's non-judicial punishment.

33-10-50. Commanding officer's non-judicial punishment.
Under such regulations as prescribed, any commanding officer (and for purposes of this section, officers-in-charge) may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The Governor, the adjutant general, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who is a member of the state military forces.
Source:
SL 2012, ch 175, §31.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-51 - Forms of punishment by any commanding officer.

33-10-51. Forms of punishment by any commanding officer.
Any commanding officer may impose upon enlisted members of the officer's command the following:
(1)An admonition;
(2)A reprimand;
(3)The withholding of privileges for not more than six months which need not be consecutive;
(4)The forfeiture of pay of not more than seven day's pay;
(5)A fine of not more than seven day's pay;
(6)A reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(7)Extra duties, including fatigue or other duties, for not more than fourteen days, which need not be consecutive; and
(8)Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen days, which need not be consecutive.
Source:
SL 2012, ch 175, §32.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-52 - Forms of punishment by major, lieutenant commander, or above.

33-10-52. Forms of punishment by major, lieutenant commander, or above.
Any commanding officer of the grade of major or lieutenant commander, or above may impose upon enlisted members of the officer's command the following:
(1)Any punishment authorized in subdivisions 33-10-51(1), (2), and (3);
(2)The forfeiture of not more than one-half of one month's pay per month for two months;
(3)A fine of not more than one month's pay;
(4)A reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(5)Extra duties, including fatigue or other duties, for not more than forty-five days which need not be consecutive; and
(6)Restriction to certain specified limits, with or without suspension from duty, for not more than sixty days which need not be consecutive.
Source:
SL 2012, ch 175, §33.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-53 - Forms of punishment by Governor, adjutant general, or certain other officers.

33-10-53. Forms of punishment by Governor, adjutant general, or certain other officers.
The Governor, the adjutant general, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose:
(1)Upon officers of the officer's command:
(a)Any punishment authorized in subdivisions 33-10-52(1), (2), (3), and (6); and
(b)Arrest in quarters for not more than thirty days which need not be consecutive; and
(2)Upon enlisted members of the officer's command, any punishment authorized in §33-10-52.
Source:
SL 2012, ch 175, §34.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-54 - Duration of consecutive punishments.

33-10-54. Duration of consecutive punishments.
Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there shall be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.
Source:
SL 2012, ch 175, §35.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-55 - Arrest in quarters or restriction--Notice regarding right to trial by court-martial.

33-10-55. Arrest in quarters or restriction--Notice regarding right to trial by court-martial.
Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. If the commanding officer determines that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court-martial. If the commanding officer determines that the punishment options do not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by courts-martial in lieu of nonjudicial punishment.
Source:
SL 2012, ch 175, §36.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-56 - Suspension or mitigation of punishment.

33-10-56. Suspension or mitigation of punishment.
The officer who imposes the punishment, or the successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may:
(1)Mitigate reduction in grade to forfeiture of pay;
(2)Mitigate arrest in quarters to restriction; or
(3)Mitigate extra duties to restriction.
No mitigated punishment may be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture may not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.
Source:
SL 2012, ch 175, §37.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-57 - Appeal.

33-10-57. Appeal.
A person punished under this code who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within fifteen days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised pursuant to §33-10-56 by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.
Source:
SL 2012, ch 175, §38.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-58 - Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment.

33-10-58. Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment.
The imposition and enforcement of disciplinary punishment under this code for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this code; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
Source:
SL 2012, ch 175, §39.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-59 - Forfeiture of pay.

33-10-59. Forfeiture of pay.
Whenever a punishment of forfeiture of pay is imposed under this code, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.
Source:
SL 2012, ch 175, §40.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-60 - Promulgation of rules regarding records.

33-10-60. Promulgation of rules regarding records.
Rules promulgated by the Adjutant General, pursuant to chapter 1-26, may prescribe the form of records to be kept of proceedings under this code and may prescribe that certain categories of those proceedings shall be in writing.
Source: SL 2012, ch 175, §41; SL 2023, ch 109, §12.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-61 - Courts-martial classified.

33-10-61. Courts-martial classified.
The three kinds of courts-martial in the state military forces are:
(1)General courts-martial, consisting of:
(a)A military judge and not less than five members; or
(b)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 only of a military judge and the military judge approves;
(2)Special courts-martial, consisting of:
(a)A military judge and not less than three members; or
(b)Only a military judge, if one has been detailed to the court, and the accused requests, orally on the record or in writing, a court composed only of a military judge and the military judge approves; and
(3)Summary courts-martial, consisting of one commissioned officer.
Source:
SL 2012, ch 175, §42.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-62 - Jurisdiction of courts-martial in general.

33-10-62. Jurisdiction of courts-martial in general.
Each component of the state military forces has court-martial jurisdiction over all members of the particular component who are subject to this code. Additionally, the Army and Air National Guard state military forces have court-martial jurisdiction over all members subject to this code.
Source:
SL 2012, ch 175, §43.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-63 - Jurisdiction of general courts-martial.

33-10-63. Jurisdiction of general courts-martial.
Subject to §33-10-62, 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 not forbidden by this code.
Source:
SL 2012, ch 175, §44.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-64 - Jurisdiction of special courts-martial.

33-10-64. Jurisdiction of special courts-martial.
Subject to §33-10-62, special 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 not forbidden by this code except dishonorable discharge, dismissal, confinement for more than one year, forfeiture of pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
Source:
SL 2012, ch 175, §45.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-65 - Jurisdiction of summary courts-martial.

33-10-65. Jurisdiction of summary courts-martial.
Subject to §33-10-62, 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.
Source:
SL 2012, ch 175, §46.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-66 - Objection to trial by summary courts-martial.

33-10-66. Objection to trial by summary courts-martial.
No person with respect to whom summary courts-martial have jurisdiction may be brought to trial before a summary court-martial if that 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 one month, restriction to specified limits for more than two months, or forfeiture of more than two-thirds of one month's pay.
Source:
SL 2012, ch 175, §47.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-67 - Who may convene general courts-martial.

33-10-67. Who may convene general courts-martial.
A general court-martial may be convened by the Governor or the adjutant general.
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.
Source:
SL 2012, ch 175, §48.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-68 - Who may convene special courts-martial.

33-10-68. Who may convene special courts-martial.
A special courts-martial may be convened by:
(1)Any person who may convene a general court-martial;
(2)The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;
(3)The commanding officer of a brigade, regiment, group, detached battalion, or corresponding unit of the Army;
(4)The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or
(5)The commanding officer or officer in charge of any other command when empowered by the adjutant general.
If any such 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.
Source:
SL 2012, ch 175, §49.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-69 - Who may convene summary courts-martial.

33-10-69. Who may convene summary courts-martial.
A summary court-martial may be convened by:
(1)Any person who may convene a general or special court-martial;
(2)The commanding officer of a detached company or other detachment, or corresponding unit of the Army;
(3)The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or
(4)The commanding officer or officer in charge of any other command when empowered by the adjutant general.
If only one commissioned officer is present with a command or detachment that officer shall be the summary court-martial of that command or detachment and shall hear and determine all summary court-martial cases. A summary court-martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.
Source:
SL 2012, ch 175, §50.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-70 - Commissioned officer service on courts-martial.

33-10-70. Commissioned officer service on courts-martial.
Any commissioned officer of the state military forces may serve on all courts-martial for the trial of any person subject to this code.
Source:
SL 2012, ch 175, §51.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-71 - Warrant officer service on courts-martial.

33-10-71. Warrant officer service on courts-martial.
Any warrant officer of the state military forces may serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer.
Source:
SL 2012, ch 175, §52.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-72 - Enlisted member service on courts-martial.

33-10-72. Enlisted member service on courts-martial.
Any enlisted member of the state military forces who is not a member of the same unit as the accused may serve on general and special courts-martial for the trial of any enlisted member subject to this code. However, that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge pursuant to §33-10-116 prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible enlisted members cannot be obtained on account of physical conditions or military exigencies. If such members cannot be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why the members could not be obtained. In this section, unit, means any regularly organized body of the state military forces not larger than a company, a squadron, a division of the naval militia, or a body corresponding to one of them.
Source:
SL 2012, ch 175, §53.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-73 - Court-martial member to be senior to accused.

33-10-73. Court-martial member to be senior to accused.
If it can be avoided, no person subject to this code may be tried by a court-martial where any member is junior to the accused in rank or grade.
Source:
SL 2012, ch 175, §54.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-74 - Qualifications of court-martial member.

33-10-74. Qualifications of court-martial member.
If convening a court-martial, the convening authority shall detail as members thereof such members of the state military forces as, in the convening authority's opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the state military forces is eligible to serve as a member of a general or special court-martial if that member is the accuser, a witness, or has acted as investigating officer or as counsel in the same case.
Source:
SL 2012, ch 175, §55.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-75 - Excuse of court-martial member from participating.

33-10-75. Excuse of court-martial member from participating.
Before a court-martial is assembled for the trial of a case, the convening authority may excuse a member of the court from participating in the case. The convening authority may delegate the authority under this section to a judge advocate or to any other principal assistant.
Source:
SL 2012, ch 175, §56.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-76 - Military judge detailed to general and special court-martial.

33-10-76. Military judge detailed to general and special court-martial.
A military judge shall 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.
Source:
SL 2012, ch 175, §57.
2023 South Dakota Codified Laws › Title 33 - Military Affairs › Chapter 10 - Uniform State Code Of Military Justice › Section 33-10-77 - Qualifications of military judge.

33-10-77. Qualifications of military judge.
A military judge shall be:
(1)An active or retired commissioned officer of an organized state or federal military force;
(2)A member in good standing of the bar of the highest court of a state or a member of the bar of a federal court for at least five years; and
(3)Certified as qualified for duty as a military judge by the senior force judge advocate which is the same force as the accused.
Source:
SL 2012, ch 175, §58.