reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 125 - VETERANS' SCRATCH-OFF LOTTERY GRANT PROGRAM › Section 125.60 - Project Evaluation Priorities

Current through Register Vol. 48, No. 28, July 12, 2024
The following factors are used by the Department in evaluating
				and recommending project applications for funding assistance consideration (see
				Appendix A):
a) The applicant must be
			 a government agency or a registered tax exempt organization at the time of
			 application;
b) projects providing
			 services to a currently unserved or underserved population of
			 veterans;
c) projects located in
			 areas of high demand or readily accessible to major population
			 centers;
d) projects proposing
			 innovative research or benefits;
e)
			 projects for which long-term operations and maintenance capability is clearly
			 demonstrated by the local sponsor and the degree to which the applicant relies
			 upon program grant funding;
f) the
			 applicant's record of providing benefits to veterans or the applicant's record
			 of providing services to non-veterans similar to the proposed services to be
			 provided to veterans and the applicant's understanding of veterans' service and
			 issues.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 125 - VETERANS' SCRATCH-OFF LOTTERY GRANT PROGRAM › Section 125.70 - Funding Authorization Committee Program Compliance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
The Funding Authorization Committee shall consist of three
				members appointed by the Director. One of the three members shall be a member
				of the Veterans' Advisory Council. The Director shall appoint one member of the
				Committee as chair. Staff members from the Department, as determined by the
				Director, shall advise the Committee. The Committee shall meet no less than
				quarterly at times and places announced by the Department.
a) Funding Authorization Committee Actions
1) The Committee may recommend that a grant
			 application be:
A) approved;
B) not approved;
C) supplemented with more information and
			 reconsidered at the next meeting;
D) held for reconsideration at the next
			 meeting of the Committee; or
E)
			 approved pending meeting standards (see Sections
			 125.50 and
			 125.60 ) not
			 presented to the Committee.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 125 - VETERANS' SCRATCH-OFF LOTTERY GRANT PROGRAM › Section 125.80 - Disqualification

Current through Register Vol. 48, No. 28, July 12, 2024
No grant may be approved:
a) For any amount in excess of
			 $100,000.
b) To an applicant that
			 is not a governmental entity or a tax exempt entity.
c) To an applicant that is non-compliant on a
			 previous grant, including the failure to supply a proper concluding
			 report.
d) To an applicant
			 delinquent in any payments to the State of Illinois.
e) For any purpose other than research or
			 service relating to the program objectives.
f) For a service grant to any applicant who
			 will not be performing the service within the State of Illinois.
g) For travel costs for out-of-state
			 travel.
h) For salaries, except for
			 a Veteran Service Organization that meets the provisions of Section 25(c) of
			 the Department of Veterans Affairs Act [20 ILCS
			 2805/25(c) ] and secures federal
			 veteran-related benefits for veterans and/or their survivors, or for specific
			 services authorized in the grant agreement.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 125 - VETERANS' SCRATCH-OFF LOTTERY GRANT PROGRAM › Appendix A - Project Evaluation Criteria

Current through Register Vol. 48, No. 28, July 12, 2024
a) NEED - 25%
1) Population served (Proximity to high population
				areas)
2) Project of national, State, regional or local
				significance
3) General - first service in service area
A) Major expansion to existing service system or
				significant additional service in service area
B) Addresses a major safety issue
b) CHARACTERISTICS OF SERVICE - 25%
1) Complements existing service plans
2) Unique service
3) Adjacent services compatible
4) Safety hazards (negative)
5) Multiple benefits (PSTD, homelessness, etc.)
				bonus
c) DEVELOPMENT PLAN - 25%
d) ABILITY TO MAINTAIN - 25%
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 130 - RULES GOVERNING PAYMENT FROM THE DISABLED VETERANS PROPERTY TAX RELIEF FUND › Section 130.10 - General Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The intent and purpose of this Part is to implement Public Act
				96-1424, which created Section 6z-83 of the State Finance Act [30
				ILCS 105/6z-83 ] that established the Disabled
				Veterans Property Tax Relief Fund and authorized the Department to adopt rules
				to establish standards and procedures for making disbursements out of the
				Disabled Veterans Property Tax Relief Fund.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 130 - RULES GOVERNING PAYMENT FROM THE DISABLED VETERANS PROPERTY TAX RELIEF FUND › Section 130.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the State Finance Act [30 ILCS 105 ].
"Armed Forces of the United States" means the United States
				Army, Navy, Air Force, Marines, Coast Guard and the Reserve Forces, or the
				Illinois National Guard. Service in the Merchant Marine or civilian service is
				not service in the Armed Forces for the purposes of this Part.
"Department" means the Illinois Department of Veterans'
				Affairs.
"Disabled Veteran" means a veteran of the Armed Forces of the
				United States who, by reason of service connected disability, is rated as 100%
				disabled by the U.S. Department of Veterans Affairs (VA), and for whom the
				Department has received Notice of Approval from the VA as being approved for
				the Special Adapted Housing Grant and for whom the Department has received
				annual notice that the veteran is receiving the Tax Exemption for Specially
				Adapted Housing.
"Resident of this State" means a person who is domiciled in
				Illinois as shown by documentation such as an Illinois driver's license or
				voter registration.
"Tax Exempt Disabled Veteran List" means the annually verified
				list maintained by the Department of veterans who are rated as 100% service
				connected disabled by the VA, and for whom the Department has received a Notice
				of Approval from the VA as being approved for the Special Adapted Housing
				Grant, and for whom the Department has received annual notice that the veteran
				is receiving the Tax Exemption for Specially Adapted Housing.
"Widow/widower" means the surviving spouse of a qualified
				disabled veteran who was in receipt of a Special Adapted Housing
				Grant.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 130 - RULES GOVERNING PAYMENT FROM THE DISABLED VETERANS PROPERTY TAX RELIEF FUND › Section 130.30 - Eligibility

Current through Register Vol. 48, No. 28, July 12, 2024
It is the intent of the Department to distribute payments from
				the Disabled Veterans Property Tax Relief Fund to severely disabled veterans
				who are Illinois residents. Every 100% permanent and totally disabled veteran
				is eligible for a distribution payment from the Disabled Veterans Property Tax
				Relief Fund if the disabled veteran meets the following criteria:
a) the veteran is a current resident of this
			 State; and
b) the Department has
			 received Notice of Approval from the VA that the veteran has been approved for
			 the Special Adapted Housing Grant; and
c) the Department has received annual notice
			 from the Veteran that the veteran is receiving the Tax Exemption for Specially
			 Adapted Housing.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 130 - RULES GOVERNING PAYMENT FROM THE DISABLED VETERANS PROPERTY TAX RELIEF FUND › Section 130.40 - Disqualification

Current through Register Vol. 48, No. 28, July 12, 2024
No payment from the Disabled Veterans Property Tax Relief Fund
				shall be made to any person who meets any of the following criteria:
a) is not an Illinois resident; or
b) the Department has not received Notice of
			 Approval from the VA that the veteran has been approved for the Special Adapted
			 Housing Grant; or
c) the Department
			 has not received notice from the veteran or the Department has otherwise been
			 unable to issue certification that the veteran is receiving the Tax Exemption
			 for Specially Adaptive Housing.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 130 - RULES GOVERNING PAYMENT FROM THE DISABLED VETERANS PROPERTY TAX RELIEF FUND › Section 130.50 - Process

Current through Register Vol. 48, No. 28, July 12, 2024
a) On September 30,
			 2012, and on every succeeding September 30, the Department shall verify the
			 list of eligible disabled veterans from the annual certifications received from
			 disabled veterans on the Tax Exempt Disabled Veteran List.
b) On October 1, 2012, and on every
			 succeeding October 1, the Department shall verify the balance in the Disabled
			 Veterans Property Tax Relief Fund. The Department shall then divide the balance
			 in the Disabled Veterans Property Tax Relief Fund by the number of currently
			 verified and eligible disabled veterans or widows/widowers of those eligible
			 disabled veterans on the Tax Exempt Disabled Veteran List and disburse to each
			 eligible disabled veteran or the widow/widower of the eiligible disabled
			 veteran the appropriate portion of the Fund, rounded down to the nearest
			 cent.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart A - DEFINITIONS › Section 200.5 - General Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The intent of Section 22-9 of the Illinois Military Code and
				  this Part is to provide an opportunity on standard individual income tax forms
				  to allow taxpayers to contribute to the Illinois Military Family Relief
				  Fund:
a) To provide the Illinois
				Department of Military Affairs the power to make grants from the Fund to:
1) Illinois residents who are members of the
				Active Duty Armed Forces (on or after November 23, 2009) who are/were called to
				active military service during an emergency declared by the President of the
				United States or Congress or as defined in this Part.
2) Illinois National Guard members who
				are/were called to active duty during an emergency declared by the President of
				the United States or Congress or as defined in this Part.
3) Illinois residents who are members of
				other Reserve Components of the Armed Forces (including National Guard members
				of other states) who are/were called to active duty during an emergency
				declared by the President of the United States or Congress or as defined in
				this Part.
4) Members of the
				Illinois National Guard who have been called to State Active Duty for 30 or
				more consecutive days of duty.
5)
				Family members of the service members described in subsections (1) through
				(4).
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart A - DEFINITIONS › Section 200.10 - Definition of Terms Used

Current through Register Vol. 48, No. 28, July 12, 2024
"Active duty" means: Military service performed under Title
				  32 USC or Title 10 USC and is military service for a minimum of 60 consecutive
				  days (effective December 9, 2009; previously 30 days).
"Emergency" means: Any governmental declaration representing
				  a natural or man-made disaster, during a period of civil unrest, or following a
				  declaration of war or a situation of international/internal armed
				  conflict.
"Family members" means: A husband, wife or child who has been
				  approved as a dependent and is enrolled in the Defense Enrollment Eligibility
				  Reporting System (DEERS) in accordance with applicable military regulations.
				  The service member's mother, father, brother, sister or other representative
				  may apply for a grant on behalf of the service member if a copy of a Power of
				  Attorney is included with the application.
"Fund" means: The Illinois Military Family Relief
				  Fund.
"State Active Duty" means: Illinois National Guard members
				  who are activated by, and under the command and control of, the Illinois
				  Governor and subject to the Illinois Military Code [20 ILCS 1805
				  ].
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart B - ELIGIBILITY › Section 200.30 - Determination of Eligibility for Status Based Grants

Current through Register Vol. 48, No. 28, July 12, 2024
a) The grant applicant must show proof of the
				following:
1) He or she is, at the time of
				entry on mobilization, a member of the Illinois National Guard or an Illinois
				resident who is a member of another U.S. Armed Forces Reserve component or is a
				family member of the service member. Proof of residency for military members
				will consist of information obtained from the supporting documents provided; DD
				214, item 7b; or orders and military pay statement, along with the individual's
				certification on the application. Proof of a familial relationship will consist
				of information obtained from DEERS.
2) The Illinois National Guard or Reserve
				component member was on active military duty for at least 60 consecutive days
				(effective December 9, 2009; previously 30 days) in support of an emergency as
				defined in section
				200.10
				(effective July 3, 2014; previously as a result of the September 11, 2001
				terrorist attacks); or who has been called to State active duty for 30 or more
				consecutive days of duty. Proof of duty will consist of a DD 214, DD 220, or
				copy of the orders issued by an authorized headquarters ordering the member to
				such duty and a pay statement reflecting duty performance.
3) The Illinois National Guard or Reserve
				component member holds a pay grade no higher than O-3, if an officer, W-3, if a
				warrant officer, or E8 (effective December 9, 2009; previously E9), if an
				enlisted member. Individuals or families will be eligible for the grant based
				upon rank at the time the period of service for which applying begins. Proof of
				pay grades will consist of information obtained from supporting documents,
				DEERS or REDD.
4) Service members
				deployed for a consecutive (not cumulative) period of duty of more than six
				months will become eligible for additional status based grants for each
				consecutive six month period. After the beginning of the seventh, thirteenth,
				etc, months, applicants may reapply. The subsequent application must include
				sufficient documentation to validate that the continuous duty was performed in
				support of an emergency as defined in Section 200.10. (This subsection (a)(4)
				is effective January 1, 2008. Members on active duty on January 1, 2008 will
				become eligible once they have completed six months on or after January 1,
				2008.) Status grants for State active duty are limited to twice in a 12 month
				period.
5) If a custodial parent or
				guardian is applying for a grant on behalf of a service member's dependent,
				then the custodial parent or guardian must provide proof of guardianship of a
				member's dependent currently enrolled in DEERS or a Power of Attorney that
				authorizes those transactions.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart B - ELIGIBILITY › Section 200.41 - Determination of Eligibility for Casualty Based Grants - Active Duty Service Members

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				grant applicant must show proof of the following:
1) He or she, at least 60 days prior to the
				date of injury, was a resident of Illinois and a member of the active duty
				armed forces. Proof of residency for military members will consist of
				information obtained from the supporting documents provided: DD Form 214,
				orders, Leave and Earnings Statement (LES), and/or a copy of the service
				member's Illinois State income tax return from the previous calendar year and
				the individual's certification on the application.
2) The service member identified in
				subsection (a)(1) is/was on active military duty for at least 60 consecutive
				days in support of an emergency as defined in Section
				200.10
				(effective July 3, 2014; previously as a result of the September 11, 2001
				terrorist attacks). Proof of duty will consist of the individual deployment
				orders clearly indicating the purpose and period of duty and an LES reflecting
				Hazardous Duty Pay, Combat Pay, or Combat Zone Tax Exclusion.
3) The Adjutant General is authorized to
				waive the 60 day requirement in subsection (a)(2) upon written request
				indicating the circumstances justifying the waiver. The Adjutant General may
				use discretion in granting or denying these requests.
4) The Department of Military Affairs will
				verify the member's casualty status with official documents provided by the
				service member or official message from the U.S. Department of Defense,
				including but not limited to Line of Duty Investigations, DOD Casualty Reports,
				Incident Reports and intake medical reports/medical assessments. Documentation
				shall include proof that the service member sustained an injury on or after
				November 23, 2009 as a result of terrorist activity; sustained an injury in
				combat, or related to combat, as a direct result of hostile action; or
				sustained an injury going to or returning from a combat mission, provided that
				the incident leading to the injury was directly related to hostile action.
				Injuries to service members who are wounded mistakenly or accidentally by
				friendly fire directed at a hostile force or what is thought to be a hostile
				force are eligible. No payments can be made without sufficient
				documentation.
5) If a family
				member or other person not listed in DEERS signs the application, the applicant
				must provide a Power of Attorney authorizing the transactions on behalf of the
				service member.
6) There are no pay
				grade limitations to eligibility for the casualty based grant.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart C - GRANTS › Section 200.50 - Family Need Based Grant Levels and Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Payments to an Illinois National Guard or
				Reserve component member's family shall be a flat rate of $2,000.
b) A member or a member's family may apply
				for and receive a $2,000 grant each six month period of continuous deployment.
				Applications will not be approved unless at least six months have elapsed from
				the date of receipt of the previous application. (This subsection (b) is
				effective January 1, 2008. Members on active duty on January 1, 2008 will
				become eligible once they have completed six months on or after January 1,
				2008.) Each six month grant eligibility period requires a minimum of 60 days
				(effective December 9, 2009; previously 30 days) duty.
c) For periods of deployment of less than six
				months, a member or a member's family may apply for each new deployment period
				as long as six months have elapsed from the beginning date of each deployment.
				Applications will not be approved unless at least six months have elapsed from
				the date of receipt of the previous application.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart C - GRANTS › Section 200.60 - Status Based Grant Levels and Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a) All grants will be a flat rate of
				$500.
b) There is no limit on the
				number of grants payable.
c) Each
				six month grant eligibility period requires a minimum of 60 days (effective
				December 9, 2009; previously 30 days) duty.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart C - GRANTS › Section 200.70 - Casualty Based Grant Levels and Limits - National Guard and Reserve Service Members

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				grants will be a flat rate of $5,000 (effective November 23, 2009; previously
				$2000).
b) Illinois National Guard
				or Reserve component members, or their family members, may receive only one
				casualty based grant for injuries received during, or arising out of, the same
				engagement or incident.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart C - GRANTS › Section 200.71 - Casualty Based Grant Levels and Limits - Active Duty Service Members

Current through Register Vol. 48, No. 28, July 12, 2024
a) All grants will
				be a flat rate of $5,000.
b)
				Service members qualify for only one casualty based grant for injuries received
				during or arising out of the same engagement or incident.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart C - GRANTS › Section 200.80 - Documentation, Application, Payment and Denial

Current through Register Vol. 48, No. 28, July 12, 2024
a) Application and Documentation. The rules
				governing the acceptance of applications are as follows:
1) To receive consideration for a grant,
				applicants must request and submit a signed application provided by the
				Illinois Department of Military Affairs.
2) All necessary documentation, as stated in
				Section
				200.20,
				200.30,
				200.40
				or
				200.41,
				must be included with the application, unless otherwise provided under DEERS,
				REDD or other systems, and the applicant shall authorize access to any systems
				or records as may be necessary to grant the request for purposes of
				verification.
3) Applications and
				supporting documents can be submitted via facsimile, email or regular
				mail.
4) Incomplete applications
				will be retained by the program manager. The program manager will send a letter
				identifying the missing requirements within 30 days after receipt of
				application.
5) The Department of
				Military Affairs, upon receipt of a complete application with all necessary
				supporting documents, will process the application within 30 days, subject to
				availability of funds as indicated in subsections (b)(2) and (b)(3).
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 200 - ILLINOIS MILITARY FAMILY RELIEF FUND ACT › Subpart D - REPORTING › Section 200.90 - Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Adjutant General shall provide the Governor, Lieutenant Governor and
				Comptroller a monthly report detailing the funds requested and
				processed.
b) The Adjutant General
				shall provide the Governor, Lieutenant Governor and Comptroller a monthly
				report detailing the amounts disbursed and donated to the Fund for the current
				fiscal year.
c) Periodically, at
				the request of the Governor or Lieutenant Governor, other reports may be
				provided.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart A - GENERAL PROVISIONS › Section 400.100 - Introduction

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part, the
				Illinois Manual for Courts-Martial, referenced in this Part as the Manual,
				shall be construed to secure simplicity in procedure, fairness in
				administration, and elimination of unjustifiable expense and delay. The purpose
				of military law is to promote justice, to maintain good order and discipline,
				to promote efficiency and effectiveness in the military, and to strengthen the
				security of the United States and the State of Illinois. This Manual prescribes
				the policies and procedures pertaining to the administration of military
				justice and implements the Illinois Code of Military Justice [ 20 ILCS 1807 ]
				(the Code), applicable portions of the federal Uniform Code of Military Justice
				(UCMJ), and the Manual for Courts-Martial, United States (2012)
				(MCM).
b) To the extent allowed by
				Illinois law and as prescribed by the Code, this Manual reflects the MCM.
				Hence, this Manual must be construed so as to make it uniform, so far as
				practical, with the MCM. This Manual will be interpreted to include procedures
				and forms (e.g., DD Form 458, Charge Sheet) contained in the MCM and not
				contained in this Manual that may be needed from time-to-time in the
				administration of justice.
c)
				Insofar as any reference to the United States, President, or other federal
				official exists in the MCM, that reference encompasses the State, the Governor
				or State official, as appropriate.
d) Code Section 36 vests the Adjutant General
				of Illinois with the authority to make or adopt rules and regulations (this
				Manual) in conformity with the Code that, as nearly as practicable, must
				conform with the rules and regulations governing the U.S. armed forces. If this
				Manual differs from the rules and regulations governing the U.S. armed forces,
				this Manual shall apply.
e) There
				is no substitute for strong and effective military leadership. Commanders,
				officers, and non-commissioned officers should not attempt to replace
				leadership with military justice and punitive measures, except as a last resort
				and as punishment for offenses that have been committed. Proper leadership,
				guidance and counseling can be effective in preserving good order and
				discipline within the State military forces (SMF) and should reduce the need
				for use of the military justice system.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart A - GENERAL PROVISIONS › Section 400.110 - Persons Subject to the Code; Jurisdiction

Current through Register Vol. 48, No. 28, July 12, 2024
a) General Statement. No person may be
				punished under the Code for any offense provided for in the Code, unless there
				is jurisdiction over the person and jurisdiction over the offense.
b) Jurisdiction Over the Person. There is
				jurisdiction over the person if, at both the time the offense was committed and
				the time of trial, that person:
1)
is
				a member of the SMF
; and
2) is, for a
day or a portion of a
				day, in State Active Duty status or OTAD, and at no other times
. (Code
				Section 2(a))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart A - GENERAL PROVISIONS › Section 400.115 - Jurisdiction to Try Certain Personnel

Current through Register Vol. 48, No. 28, July 12, 2024
a) Jurisdiction Over the Person
1) The following persons are subject to
				jurisdiction under the Code:
A) a member of
				the SMF when in State active duty or OTAD, but at no other times;
B) a person in custody of the SMF before
				trial or serving a sentence imposed by a court-martial;
C) a person who has voluntarily enlisted in
				the SMF and who has the capacity to understand the significance of enlisting in
				the SMF. The enlistment shall be valid for purposes of jurisdiction and a
				change of status from civilian to member of the SMF. This form of jurisdiction
				shall be effective upon the taking of the oath of enlistment; and
D) notwithstanding any other provision of
				law, a person serving in the SMF who:
i)
				submitted voluntarily to military authority;
ii) met the mental competence and minimum age
				qualifications of
				10 USC 504
				and
				505
				at the time of voluntary submission to military authority;
iii) received military pay or allowances;
				and
iv) performed military
				duties.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart A - GENERAL PROVISIONS › Section 400.120 - Territorial Applicability of the Code

Current through Register Vol. 48, No. 28, July 12, 2024
a) Territorial jurisdiction exists so long as
				there is personal jurisdiction under Code Section 2. This Manual applies
				wherever and whenever the Code applies.
Courts-martial, courts of
				inquiry,
and nonjudicial punishment proceedings
may be
				convened
and conducted, and punishment may be imposed, while in the
				State and
while those units are serving outside the State with the same
				jurisdiction and powers as if the proceedings were held
within
the State
. (Code Section 5(b))
b) Courts-martial may be conducted anywhere
				and in any facility as mission requirements and military exigencies dictate, in
				the judgment of the appropriate senior force judge advocate.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart A - GENERAL PROVISIONS › Section 400.125 - Judge Advocates

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Judge advocates must adhere to the State bar licensing requirements pursuant to
				Code Sections 1(a)(10), 26, 27 and 38.
b) The senior force judge advocate of each
				force of the SMF is responsible for the supervision of the administration of
				military justice in that force. (See Code Section 6.)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart A - GENERAL PROVISIONS › Section 400.130 - Military Judges

Current through Register Vol. 48, No. 28, July 12, 2024
a)
The Governor or the Adjutant General shall appoint at least one judge
				advocate officer from the active rolls of the Illinois National Guard who has
				been previously certified and qualified for duty as a military judge by the
				Judge Advocate General of the judge advocate officer's respective armed force
				under
UCMJ Article 26(b) to serve as a military judge under
				the Code
.
b)
The
				military judge shall hold the rank of Major or above.
(Code Section
				6(a)) The military judge not only rules on all legal issues, motions and items
				provided for in the Code and during courts-martial, but, in order to effectuate
				this intent and process, the military judge has the responsibilities provided
				in RCM 801.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart B - APPREHENSION AND RESTRAINT › Section 400.200 - Apprehension

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Apprehension is the taking of a person into custody.
(Code
				Section 7(a))
b)
Any
				person
subject to the Code who is
authorized by
the
Code to apprehend persons subject to
the
Code may do
				so only
after consultation with the NGIL-JA and only after having
probable cause that an offense has been committed and that the person
				apprehended committed it
. (Code Section 7(b))
c) Civilians Authorized to Apprehend
				Deserters. Under Code Section 7, any civilian officer having authority to
				apprehend offenders under laws of the United States, or of a state, may do so
				when apprehension is of a deserter from SMF. Upon receipt of DD Form 553
				(Deserter/Absentee Wanted by the Armed Forces), civilians authorized to
				apprehend shall do so and detain that deserter until appropriate military
				authorities take custody.
d) How an
				Apprehension May Be Made
1) General. An
				apprehension is made by clearly notifying the person to be apprehended that the
				person is in custody. This notice should be given orally or in writing, but may
				be implied by the circumstances.
2)
				Warrants. Neither warrants nor any other authorization shall be required for an
				apprehension under this Manual, except as required by the U.S. Constitution as
				applied to members of the armed forces.
3) Use of Force. Any person authorized under
				this Manual to make apprehension may use such force and means as reasonably
				necessary under the circumstances to effect the apprehension.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart B - APPREHENSION AND RESTRAINT › Section 400.205 - Imposition of Restraint

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Types of Pretrial Restraint. Pretrial restraint is moral or physical restraint
				on a person's liberty that is imposed before and during disposition of
				offenses. Pretrial restraint may consist of conditions on liberty, restriction
				in lieu of arrest, arrest or confinement.
1)
				Conditions on Liberty. Conditions on liberty are imposed by orders directing a
				person to do or refrain from doing specified acts. These conditions may be
				imposed in conjunction with other forms of restraint or separately.
2) Restriction in Lieu of Arrest. Restriction
				in lieu of arrest is the restraint of a person by oral or written orders
				directing the person to remain within specified limits. A restricted person
				shall, unless otherwise directed, perform full military duties while
				restricted.
3) Arrest.
Arrest is the restraint of a person by
oral or written
order not imposed as punishment, directing
the person
to remain within specified limits
. (Code Section 9(a)) A
				person in the status of arrest shall not be required to perform full military
				duties such as commanding or supervising personnel, serving as guard, or
				bearing arms. The status of arrest automatically ends when the person is
				placed, by the authority who ordered the arrest or a superior authority, on
				duty inconsistent with the status of arrest, but this shall not prevent
				requiring the person arrested to do ordinary cleaning or policing, or to take
				part in routine training and duties.
4) Confinement. Pretrial confinement is
				physical restraint, imposed by order of competent authority, depriving a person
				of freedom pending disposition of offenses. No person may be ordered into
				pretrial confinement, except upon determination of probable cause that the
				person committed an offense under the Code and with the concurrence of the
				NGIL-JA.
A)
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
the
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.
(Code
				Section 9(b))
B)
A
				commissioned officer, a warrant officer, or a civilian subject to
the
Code or to trial
under the
Code 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 the persons into arrest or
				confinement may
not be delegated
. (Code Section
				9(c))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart B - APPREHENSION AND RESTRAINT › Section 400.210 - Confinement of Persons Charged with Offenses

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Any person subject to
the
Code charged with an offense under
the
Code may be
				ordered into arrest or confinement, as circumstances require. When any person
				subject to
the
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.
(Code
				Section 10)
b) Requirements for
				Confinement. The commander shall direct the prisoner's release from pretrial
				confinement unless the commander believes, upon probable cause, that reasonable
				grounds exist that:
1) An offense triable by
				a court-martial has been committed;
2) The prisoner committed it;
3) Confinement is necessary because it is
				foreseeable that:
A) The prisoner will not
				appear at trial, pretrial hearing, or investigation; or
B) The prisoner will engage in serious
				criminal misconduct; and
4) Less severe forms of restraint are
				inadequate.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart B - APPREHENSION AND RESTRAINT › Section 400.220 - Confinement with Enemy Prisoners Prohibited

Current through Register Vol. 48, No. 28, July 12, 2024
No member of the SMF
may be placed in confinement in
				  immediate association with enemy prisoners or other foreign nationals not
				  members of the armed forces
. (Code Section 12)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart B - APPREHENSION AND RESTRAINT › Section 400.225 - Punishment Prohibited Before Trial

Current through Register Vol. 48, No. 28, July 12, 2024
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, nor shall the arrest
				  or confinement imposed upon that person 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
. (Code Section 13)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart B - APPREHENSION AND RESTRAINT › Section 400.230 - Delivery of Offenders to Civil Authorities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
A person subject
to the
Code accused of an offense against civil authority may be delivered,
				upon request, to the civil authority for trial or confinement
. (Code
				Section 14(a))
b)
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 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
. (Code Section 14(b))
c) The Adjutant General may authorize the
				delivery of a person pending court-martial proceedings under the Code to civil
				authorities for separate, unrelated offenses as alleged by the civil authority
				when presented with a warrant or similar court order for that person's arrest
				or delivery. The civil authority responsible for obtaining the warrant or
				similar court order must provide or arrange delivery to the appropriate
				receiving agency and pay or arrange payment for any costs incurred during the
				course of that delivery.
d) The
				Adjutant General shall authorize the delivery of a person pending court-martial
				proceedings under the Code to civil authorities for non-military offenses that
				have been charged by the civil authorities and that arise from the same
				allegations of misconduct that caused the person's pending court-martial
				proceedings under the Code. In this instance, Code Section 2(b) shall
				apply.
e) If a commanding officer
				receives a warrant or other court order demanding delivery of a person to civil
				authorities, that warrant or other court order must be forwarded to the Staff
				Judge Advocate and the Adjutant General immediately and within no more than 24
				hours.
f) If a commanding officer
				receives a warrant or other court order demanding delivery of a person to civil
				authorities at a time when the person is present on a duty status and not under
				arrest or confinement under the Code, the commanding officer will order the
				person detained and will immediately, and within no more than 24 hours, notify
				the Staff Judge Advocate and the Adjutant General for confirmation and
				authority to deliver the person to civil authorities.
g) Nothing in this Manual limits the
				authority of federal or State law enforcement officials to apprehend persons,
				whether or not subject to trial by court-martial, to the extent permitted by
				applicable statutes and other laws.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart C - PRELIMINARY INQUIRY, INVESTIGATIONS AND DISPOSITION OF OFFENSES › Section 400.300 - Preliminary Inquiry Into Reported Offenses

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any person may report an offense subject
				to trial by court-martial. Ordinarily, any military authority that receives a
				report of an offense shall forward as soon as practicable the report and any
				accompanying information to the immediate commander of the suspect. Competent
				authority superior to that commander may direct otherwise.
b) Upon receipt of information that an SFM
				member is accused or suspected of committing an offense triable by
				court-martial, the immediate commander shall make or cause to be made a
				preliminary inquiry into the charges or suspected offenses.
c) The preliminary inquiry may be informal,
				but should include an examination of the charges and an investigative report or
				other summary of evidence. The inquiry should gather all reasonably available
				evidence bearing on guilt or innocence and any evidence relating to the
				aggravation, extenuation or mitigation of the conduct that the person is
				accused or suspect of committing.
d) If a person is accused or suspected of
				misconduct of a serious or complex nature, the commander should seek the
				assistance of civilian law enforcement personnel or military police in
				conducting any inquiry or further investigation.
e) The commanding officer should always
				consult with his or her judge advocate for appropriate legal guidance when
				notified of a potential offense, and use that legal guidance in directing the
				preliminary inquiry into the charges and offenses.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart C - PRELIMINARY INQUIRY, INVESTIGATIONS AND DISPOSITION OF OFFENSES › Section 400.305 - Initial Disposition

Current through Register Vol. 48, No. 28, July 12, 2024
a) Who
				May Dispose of Offenses. Subject to applicable military justice policies
				promulgated by proper authority, each commander has discretion to dispose of
				offenses by members of that command. Ordinarily, the immediate commander of a
				person accused or suspected of committing an offense triable by court-martial
				initially determines how to dispose of that offense.
b) A superior commander may withhold the
				authority to dispose of offenses in individual cases, types of cases, or
				generally. A superior commander may not limit the discretion of a subordinate
				commander to act on cases over which authority has not been withheld.
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart D - COURTS-MARTIAL JURISDICTION AND COMPOSITION › Section 400.400 - Courts-Martial Classified

Current through Register Vol. 48, No. 28, July 12, 2024
The 3 kinds of courts-martial in the
SMF
are
:
a)
general courts-martial, consisting of:
1)
a military judge and not
fewer
than 5 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 only of a military judge, and the military judge
				approves;
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart D - COURTS-MARTIAL JURISDICTION AND COMPOSITION › Section 400.405 - Jurisdiction of Courts-Martial

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General.
Each component of the
SMF
has court-martial
				jurisdiction over all members of the particular component who are subject
				to
the
Code
.
Additionally, the Army and Air
				National Guard
SMF
have court-martial jurisdiction over all
				members subject
to the Code. (Code Section 17)
b) General Courts-Martial.
Subject
				to
subsection (a),
general courts-martial have jurisdiction to
				try persons subject to the Code for any offense made punishable by
the
Code
,
and may, under such limitations as the Governor
				may prescribe, adjudge any punishment not forbidden by
the Code. (Code
				Section 18)
c) Special
				Courts-Martial
.
Subject to
subsection (a),
special courts-martial have jurisdiction to try persons subject
				to
the
Code for any offense made punishable by
the
				Code,
and may, under such limitations as the Governor may prescribe,
				adjudge any punishment not forbidden by
the
Code except
				dishonorable discharge, dismissal, confinement for more than one year,
				forfeiture of pay exceeding 2/3 pay per month, or forfeiture of pay for more
				than one year
. (Code Section 19)
d) Summary Courts-Martial
1)
Subject to
subsection
				(a),
summary courts-martial have jurisdiction to try persons subject
				to
the
Code,
except officers, cadets and
				candidates, for any offense made punishable by
the
Code under
				such limitations as the Governor may prescribe
. (Code Section
				20(a))
2)
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. 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 the Code except dismissal, dishonorable
				or bad-conduct discharge, confinement for more than one month, restriction to
				specified limits for more than 2 months, or forfeiture of more than 2/3 of one
				month's pay
. (Code Section 20(b))
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart D - COURTS-MARTIAL JURISDICTION AND COMPOSITION › Section 400.410 - Who May Convene a Court-Martial

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General Courts-Martial
1)
General
				courts-martial may be convened by:
A)
The Governor; or
B)
The Adjutant General.
(Code Section 22)
Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart D - COURTS-MARTIAL JURISDICTION AND COMPOSITION › Section 400.420 - Trial Counsel and Defense Counsel

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Detail of trial counsel and defense counsel shall be pursuant to Code Section
				27.
Except as provided in
subsection (b),
trial
				counsel or defense counsel detailed for a general or special court-martial must
				be:
1)
a judge advocate as
				defined
in Code Section 1(a)(10); and
2)
in the case of trial counsel, a
				member in good standing of the bar of the highest court of the
				state
where the court-martial is held
. (Code Section
				27(b))