Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart A - GENERAL PROVISIONS › Section 400.105 - Definitions and Referenced Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) Definitions. Except as modified in this Manual, the
				  definitions and rules of construction in RCM 103, as incorporated by reference
				  in subsection (b), apply to courts-martial under the Code and this Manual.
"Accuser" means a person who signs and swears to
				  charges, any person who directs that charges nominally be signed and sworn to
				  by another, and any other person who has an interest other than an official
				  interest in the prosecution of the accused.
(Code Section
				  1(a)(1))
"AGR" means Active Guard Reserve.
"ANG" means the Illinois Air National Guard.
"Appropriate Nonpunitive Administrative Measures" means such
				  actions as reprimands, administrative reduction in rank, administrative
				  separation from SMF, etc.).
"ARNG" means the Illinois Army National Guard.
"Cadet" or "Candidate" means a person who is enrolled
				  in or attending a State military academy, a regional training institute, or any
				  other formal education program for the purpose of becoming a commissioned
				  officer in the State military forces.
(Code Section 1(a)(2))
"Classified Information" means:
any information or material that has been determined
				  by an official of the United States or any state pursuant to law, an Executive
				  Order, or regulation to require protection against unauthorized disclosure
				  for
reasons
of national or State security; and
any restricted data, as defined in section
2014
(y) of the Atomic Energy Act of 1954 (
				  42
				  USC 2014(y) ).
(Code Section 1(a)(3))
"Code" means the Illinois Code of Military Justice [ 20 ILCS
				  1807 ].
"Commander" or
"Commanding Officer"
, for
				  purposes of this Part, means a commissioned or warrant officer who, by virtue
				  of his or her or grade and assignment, exercises primary command authority over
				  a military unit or organization recognized as a command. This term includes
				  active duty and SMF commanders, whether in a Title 10 (U.S. Military) or Title
				  32 (National Guard) status, of installations or schools when a member's SMF
				  commander is not also at the installation or school. This term
shall
				  include officers in charge only when
they are
administering
				  nonjudicial punishment
under Subpart K. (Code Section 1(a)(5))
"Convening Authority" includes, in addition to the
				  person who convened the court, a commissioned officer commanding for the time
				  being or a successor in command to the convening authority.
(Code
				  Section 1(a)(6))
"Day" means a calendar day beginning at 0000 hours
				  (12:00 a.m.) and ending at 2359 hours, 59 seconds (11:59, 59 seconds p.m.). Any
				  punishment authorized by this Manual that is measured in terms of days shall,
				  when served in a status other than annual field training, be construed to mean
				  succeeding duty days.
(Code Section 1(a)(7))
"Declination to Prosecute" or "Declination to Further
				  Prosecute" is a written statement that, in the opinion of the appropriate civil
				  authority:
there is insufficient evidence to prove guilt beyond a
				  reasonable doubt; or
the offense does not otherwise merit prosecution or further
				  prosecution and states the basis for that opinion.
"Department" or "DMA" means the Illinois Department of
				  Military Affairs.
"Derivative Evidence" means facts, information or physical
				  objects that tend to prove an issue in a court-martial, but that are excluded
				  from consideration by the trier of fact because they were learned directly from
				  information illegally obtained.
"Duty Status Other Than State Active Duty"
or "OTAD"
means any other type of military duty or training pursuant to
				  a written order issued under
32 USC,
or traditional Inactive
				  Duty Training periods pursuant to
				  32 USC
				  502(a)
. (Code
				  Section 1(a)(8)) It does not include "active duty" under 10 USC, i.e.,
				  "full-time duty in the active military service of the United States".
"Enlisted Member" means a person in an enlisted
				  grade.
"ETS" means expiration of term of service.
"Government" means the U.S. Government or the State of
				  Illinois or, in a trial setting, the trial counsel or the prosecution, as the
				  context indicates.
"IDT" means inactive duty training.
"Judge Advocate" means a commissioned officer of the
				  organized State military forces who is a member in good standing of the bar of
				  the highest court of a state, and is:
certified or designated as a judge advocate in the
				  Judge Advocate General's Corps of the Army, Air Force, Navy or Marine Corps, or
				  designated as a law specialist as an officer of the Coast Guard, or a reserve
				  or National Guard component of one of these; or
certified as a non-federally recognized judge
				  advocate
by the senior judge advocate of the commander of the
				  force in the SMF of which the accused is a member, as competent to perform such
				  military justice duties required by the Code. If there is no such judge
				  advocate available, then certification may be made by such senior judge
				  advocate of the commander of another force in the SMF, as the convening
				  authority directs.
(Code Section 1(a)(10))
"MCM" means the Manual for Courts-Martial, United States
				  referenced in subsection (b).
"Manual" means this Part, the Illinois Manual for
				  Courts-Martial and Nonjudicial Punishment.
"Member" means a member of the State Military Force.
"Members of His or Her Command" refers to the assigned
				  members of the unit or organization commanded, and to other members who are on
				  temporary duty with, or otherwise attached to, the unit or organization.
				  Attachment orders are not necessary if the commander exercises the usual
				  responsibilities and attributes of command over the member.
"Military Court" means a court-martial or a court of
				  inquiry.
(Code Section 1(a)(12))
"Military Judge" means an official of a general or
				  special court-martial detailed in accordance with Code Section 26.
(Code Section 1(a)(13))
"Military Offenses" means those offenses proscribed under
				  Code Section 1(a)(14), the Code and Subpart J of this Manual.
"National Guard Bureau" or "NGB" means the channel of
				  communications on all matters pertaining the National Guard, the Army National
				  Guard of the United States, and the Air National Guard of the United States
				  between Department of the Army, the Department of the Air Force, and the
				  several states. (
				  10 USC
				  10501(b) )
"National Security" means the national defense and
				  foreign relations of the United States.
(Code Section 1(a)(15))
"NGIL-JA" means the Illinois National Guard Office of the
				  Staff Judge Advocate.
"Nonjudicial Punishment" or "NJP" means action under Code
				  Section 15 and Subpart K of this Manual.
"Officer" means a commissioned or warrant
				  officer.
(Code Section 1(a)(16))
"Officer in Charge" means a member of the Navy, the
				  Marine Corps, or the Coast Guard designated as the officer in charge by the
				  appropriate authority.
(Code Section 1(a)(17))
"Principal Assistant" means a commissioned officer of the
				  State military forces serving in a position immediately subordinate to the
				  convening authority who would assume command in the event of the commander's
				  death, prolonged absence, or disability, or to the vice-commander of the
				  organization. However, in the case of the Air National Guard, the principal
				  assistant may include an officer who is not "air rated" (as defined in the
				  applicable service regulation pertaining to commanders) and is serving in a
				  position immediately subordinate to the convening authority. Any delegation of
				  authority to a "principal assistant" shall be in writing, unless exigencies
				  prevent such written delegation. Verbal authorization shall be reduced to
				  writing as soon as possible.
"Record", when used in connection with the
				  proceedings of a court-martial, means:
an official written transcript, written summary, or
				  other writing relating to the proceedings; or
an official audiotape, videotape, digital image or
				  file, or similar material from which sound, or sound and visual images,
				  depicting the proceedings may be reproduced.
(Code Section
				  1(a)(18))
"Senior Force Judge Advocate" means the senior judge
				  advocate of the commander of the same force of the SMF as the accused and who
				  is that commander's chief legal advisor.
(Code Section
				  1(a)(22))
"SMF" means the State military forces subject to the Illinois
				  Code of Military Justice.
"State", when not capitalized, means
one of the
				  several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam
				  or the U.S. Virgin Islands.
(Code Section 1(a)(20)) When capitalized
				  "State" means the State of Illinois.
"State Active Duty" means active duty in the SMF under an
				  order of the Governor or the Adjutant General, or otherwise issued by authority
				  of State law and paid by State funds.
"State Military Forces" or "SMF" means the Illinois
National Guard
and any other military force organized
				  under the Constitution and laws of
Illinois. This includes
the
				  Illinois State Guard when
:
organized by the Governor as Commander-in-Chief under
				  the Military Code of Illinois and the Illinois State Guard Act
;
not in a status subjecting
those forces
to
the
exclusive jurisdiction of
the UCMJ;
				  and
traveling
to and from duty
.
(Code
				  Section 1(a)(23))
"Superior Commissioned Officer" means a commissioned
				  officer superior in rank or command
. (Code Section 1(a)(24))
"Uniform Code of Military Justice" or "UCMJ" means
				  10 USC 801
				  et seq.
b) Referenced Materials
1) The Constitution of the State of Illinois; Article XII
				  (Militia)
2) Illinois Statutes:
Appellate Court Act [ 705 ILCS 25 ]
Code of Civil Procedure of 1963 [ 735 ILCS 5 ]
Code of Criminal Procedure [ 725 ILCS 5 ]
Criminal Code of 2012 [ 720 ILCS 5 ]
Firearm Owners Identification Card Act (FOID Act) [ 430 ILCS
				  65 ]
Freedom of Information Act [ 5 ILCS 140 ] (FOIA)
Illinois Code of Military Justice [ 20 ILCS 1807 ] (the
				  Code)
Military Code of Illinois [ 20 ILCS 1805 ]
State Finance Act [ 30 ILCS 105 ]
State Guard Act [ 20 ILCS 1815 ]
3) Illinois Materials:
Illinois Rules of Evidence (
http://www.illinoiscourts.gov/SupremeCourt/Evidence/Evidence.asp
)
4) Federal Statutes:
Armed Forces (10 USC)
Atomic Energy Act of 1954 (
				  42
				  USC 2014 )
Controlled Substances Act (
				  21 USC
				  812 ).
Criminal laws of the United States (18 USC and other
				  non-military federal criminal laws)
National Guard (32 USC)
Uniform Code of Military Justice (
				  10 USC 801
				  et seq.) (UCMJ)
3) Incorporations by Reference
A) The following materials are incorporated by reference:
Federal Rules of Evidence, United States Supreme Court
				  (2017), www.rulesofevidence.org.
Manual for Courts-Martial, United States (2012 Edition) (MCM)
				  (jsc.defense.gov/Portals/99/Documents/MCM2012.pdf)
Part II: Rules for Courts-Martial (2012 Edition) (RCM)
Part III: Military Rules of Evidence (2012 Edition)
Appendix 3: Department of Defense Directive 5525.7
				  (Implementation of the Memorandum of Understanding Between the Department of
				  Justice and the Department of Defense Relating to the Investigation and
				  Prosecution of Certain Crimes)
B) This subsection (b)(3) incorporates no later amendments or
				  editions.