reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter C - Emergency Operations › Part 506 - State Purchase, Rental And Requisition In Event Of Attack › Section 506.13 - Procedures for emergency procurement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each local director or his authorized
					 representative shall, in procuring in the name of the State, bulk and other
					 emergency materials, supplies, equipment, facilities and emergency lodging,
					 furnish the vendor, for each procurement made, the original copy of State CDC
					 form No. 1 signed by the local director (or by one of his assistants formally
					 deputized in writing by him) as authorizing officer and countersigned by a
					 supply officer (or other duly authorized member of the local director's staff)
					 as receiver of the materials, supplies, equipment, facilities or
					 lodging.
(b) The vendor shall also
					 be furnished by the local director (or his authorized representative) with the
					 second copy of State CDC form No. 1 for his own records and the third copy
					 shall be retained by the local director. All copies of the form shall contain
					 the amount or number and kind of materials, supplies and equipment, or a
					 description of the facility or lodging, with the price in each case, time of
					 purchase and, where appropriate, period covered. The vendor shall be instructed
					 by the local director (or his authorized representative) to submit his original
					 copy of State CDC form No. 1 together with his signed, itemized invoice,
					 written either on the back of the form or on attached sheets, at once to the
					 State Division of Standards and Purchase, 103 Washington Avenue, Albany, New
					 York.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter C - Emergency Operations › Part 506 - State Purchase, Rental And Requisition In Event Of Attack › Section 506.14 - Audit of procurement forms

Current through Register Vol. 46, No. 28, July 10, 2024
The Division of Standards and Purchase shall examine each
						vendor's State CDC form No. 1 and invoice and upon finding them to be in order
						and the price satisfactory, shall promptly certify the same for payment to the
						vendor by the State Department of Audit and Control.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter C - Emergency Operations › Part 506 - State Purchase, Rental And Requisition In Event Of Attack › Section 506.15 - Procedure for requisition

Current through Register Vol. 46, No. 28, July 10, 2024
When it becomes necessary to requisition (take) under
						sections
						506.6
						and
						506.10  of
						this Part, State CDC form No. 1 shall be made out in triplicate, as prescribed
						in section
						506.13 
						of this Part, except that price shall be omitted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part promulgates the rules of the Civil Defense
						Commission pursuant to which local social services officials shall furnish
						defense emergency aid to persons who are in need because of
						attack.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, defense emergency aid shall
						mean food, shelter (lodging), clothing and care (other than medical) furnished
						to persons who are in need because of attack. Such aid may be furnished wholly
						or partially as mass care or emergency financial assistance depending upon the
						conditions prevailing at the time such aid becomes necessary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.3 - Administering officials

Current through Register Vol. 46, No. 28, July 10, 2024
Each local social services commissioner acting under the
						direction of the local civil defense director and acting in his civil defense
						capacity, shall make provisions for furnishing defense emergency aid to all
						persons residing or found in his territory and in need thereof because of
						attack.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.4 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
Defense emergency aid shall be administered in conformity
						with the plans and regulations of the State Civil Defense Commission. During
						the acute emergency period following attack, it is anticipated that due to
						widespread destruction and disruption of the economy, defense emergency aid
						will need to be administered in kind on a mass care basis. As soon as local
						conditions permit, each local social services commissioner will begin to phase
						out mass care an to furnish defense emergency aid in kind or as emergency
						financial assistance by order, cash or check. An emergency financial assistance
						program can be instituted when conditions permit:
(a) the reestablishment of a viable money
					 economy;
(b) an individual
					 application and interview process; and
(c) a sufficient number of local retail
					 establishments to be open and functioning.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.5 - Standards of assistance

Current through Register Vol. 46, No. 28, July 10, 2024
The forms and standards to be used for furnishing
						emergency financial assistance shall be those established by regulations of the
						State Department of Social Services filed for administering its current
						emergency assistance program. The amount of the allowances shall be determined
						from the approved social services allowance schedules in effect immediately
						prior to attack, subject to any additional governmental limitations which may
						be imposed in an emergency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.6 - Financing

Current through Register Vol. 46, No. 28, July 10, 2024
Funds available to the social services districts for
						emergency assistance, home relief or other forms of public assistance, shall be
						used to finance defense emergency aid when furnished as emergency financial
						assistance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.7 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
The personnel necessary for the administration of defense
						emergency aid shall be assigned from the local departments of social services,
						supplemented by others recruited from related governmental and private
						agencies, and the public at large in sufficient numbers to carry out the
						responsibilities of local social services commissioners as defined in this Part
						and other related guidance materials.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 508 - Defense Emergency Aid › Section 508.8 - Training

Current through Register Vol. 46, No. 28, July 10, 2024
All personnel assigned to administer defense emergency
						aid shall be trained on the policies and procedures to be
						employed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 510 - The Queens Flood Damage Assistance Program › Section 510.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to create the Queens Flood
						Damage Assistance Program (program) and establish an application and program
						procedures in accordance with section 25 of chapter 17 of the Laws of 1999 for
						the award of grants in Queens County by the State Emergency Management Office
						(SEMO) to small businesses and residents affected by a severe rainstorm on or
						about January 3, 1999.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 510 - The Queens Flood Damage Assistance Program › Section 510.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the following terms will be
						defined as follows:
(a) Applicant
					 means any resident or small business that may apply for a grant pursuant to the
					 program.
(b) Application means the
					 form developed by SEMO for purposes of this Part and made available to
					 applicants.
(c) Affected areas
					 means those areas of southern Queens County referred to as Arverne, Laurelton,
					 Rosedale and Springfield Gardens and which are identified by New York Postal
					 Zones 11692, 11422 and 11413, as well as other areas of Queens County that
					 SEMO, in its discretion, determines were damaged and are eligible under the
					 provisions of the program.
(d)
					 Certification means that part of the application where an applicant must
					 certify that he or she is not engaging in any fraudulent conduct as well as
					 provide other information deemed necessary by SEMO.
(e) Compensation means an award, grant or
					 insurance reimbursement for any loss suffered by an applicant as a result of
					 the Queens County Rainstorm.
(f)
					 Eligible project costs means one of the following:
(1) For small businesses such costs shall
					 include, but not be limited to, those necessary to replace or mitigate damage
					 to real property, and appurtenances thereto, machinery and equipment, provided
					 however that such costs shall not include direct compensation for revenue or
					 income lost as a result of disruption in the operation of business due to the
					 storm.
(2) For residents such costs
					 shall include, but not be limited to, insurance deductibles or the difference
					 between insurance coverage and actual replacement costs of a residence,
					 personal possessions, temporary or emergency housing costs, demolition, debris
					 removal and disposal, and the costs associated with the cleaning and salvage of
					 personal possessions.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 510 - The Queens Flood Damage Assistance Program › Section 510.3 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 applicant shall be required to supply the following information in the
					 application:
(1) the applicant's name,
					 address or principal place of business and telephone number;
(2) the applicant's social security number or
					 tax identification number (if applicable);
(3) a description of the applicant's business
					 (if applicable);
(4) the number of
					 full-time employees at the applicant's place of business at the time of the
					 Queens County rainstorm (if applicable);
(5) a description of the loss and the
					 eligible project costs as a result of the Queens County rainstorm;
(6) the applicant's proof of business
					 operation or proof of ownership;
(7) the applicant's proof of loss;
					 and
(8) a duly completed, signed
					 and dated certification.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 510 - The Queens Flood Damage Assistance Program › Section 510.4 - Evaluation procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 its receipt of all applications submitted within the deadline as set forth in
					 section
					 510.6  of this Part,
					 SEMO shall evaluate the applications based on the following criteria:
(1) the availability of funding for the
					 program;
(2) the eligibility
					 applicant for the program;
(3) the
					 nature and eligibility of the project costs for which the grant is
					 sought;
(4) the applicants'
					 demonstrated need for the grant: for purposes of this Part, there shall be a
					 presumption that applicants from areas of southern Queens County referred to as
					 Arverne, Laurelton, Rosedale and Springfield Gardens and identified by New York
					 Postal Zones 11692, 11422 and 11413 have a greater demonstrated need;
(5) the timeliness of receipt of the
					 application by SEMO; and
(6) any
					 other factor that SEMO deems necessary to carry out the purposes of this
					 Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 510 - The Queens Flood Damage Assistance Program › Section 510.5 - Liability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicants
					 agree to indemnify and hold harmless the State of New York, as well as its
					 agents and employees, for any claims arising from the administration of the
					 program.
(b) SEMO reserves the
					 right to verify all proof of loss and to require any further proof of loss as
					 deemed necessary. Applicants who receive grants shall maintain for a period of
					 three years records regarding: the loss that is the subject of the grant; and
					 any compensation sought or received. Such applicant shall also permit SEMO and
					 any other subdivision or agency of the State of New York to inspect such
					 records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 510 - The Queens Flood Damage Assistance Program › Section 510.6 - Termination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The application
					 deadline for this program is 60 days from the date this Part is filed with the
					 office of the Secretary of State and shall continue through any subsequent
					 period of extension made by SEMO in its discretion. Information regarding any
					 such extension shall be made available by SEMO. Unless an extension occurs, all
					 applications must be postmarked by July 15, 1999 to be eligible for
					 consideration for the program.
(b)
					 Unless extended in accordance with subdivision (a) of this section,
					 applications received which are not postmarked by July 15, 1999 will not be
					 considered for the program or acknowledged.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter II - Natural Disaster And Civil Defense › Subchapter D - Recovery And Rehabilitation › Part 510 - The Queens Flood Damage Assistance Program › Section 510.7 to 510.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter III - State Environmental Quality Review › Part 511 - Implementation Of State Environmental Quality Review Act › Section 511.1 - Authority and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part is adopted pursuant to section 8-0113, subdivision 3 of the Environmental Conservation Law (ECL). Purpose is to
					 implement provisions of the ECL which provide for State Environmental Quality
					 Review (SEQR) of actions directly undertaken by the Division of Military and
					 Naval Affairs (DMNA).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter III - State Environmental Quality Review › Part 511 - Implementation Of State Environmental Quality Review Act › Section 511.2 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to State actions only. Federally
					 supported or mandated actions performed by DMNA are not included because these
					 Federal actions are subject to provisions of the National Environmental Policy
					 Act of 1969, as implemented by the Department of Defense, and are not
					 considered to be subject to SEQR.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter III - State Environmental Quality Review › Part 511 - Implementation Of State Environmental Quality Review Act › Section 511.3 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				  establishes guidance for determination by DMNA of whether or not a State action
				  under consideration will require an Environmental Impact Statement
				  (EIS).
(b) The following classes of
				  actions will not require and EIS and may be undertaken by DMNA under SEQR.
(1) Actions undertaken or approved prior to
				  September 1, 1976.
(2) Actions
				  excluded by section 8-0105.5 of the ECL.
(3) Actions which have been determined by
				  chief of staff to the Governor not to have a significant effect on the
				  environment.
(4) Actions which are
				  a part of a program for which an impact statement has been prepared.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.1 - Persons subject to the new york state military law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Introduction. All forces of the organized
				  militia of New York State including the Army National Guard, the Air National
				  Guard, the Naval Militia, the New York Guard and such additional forces as may
				  be created by the Governor are subject to the jurisdiction of the New York
				  State Military Law. It should be noted that when members of the organized
				  militia are ordered to Federal active duty pursuant to  title 10, United States Code, section 672  and when New York Army National Guard or Air National Guard
				  units deploy OCONUS on title 10 orders they are also concurrently subject to
				  the provisions and jurisdiction of the Federal Uniform Code of Military Justice
				  (UCMJ). Therefore, members serving on inactive duty training (IDT) (drills)
				  under title 32, section 502, or annual training (AT) under title 32, section
				  503, or on Federal training duty (FTTD) under title 32, or while on
				  administrative duty, attending administrative nights or an additional training
				  days, whether paid or unpaid, or on state active duty (SAD) are all subject to
				  the New York State Military Law.
(b) The code of military justice. Part of the
				  New York State Military Law includes article 7, The Code of Military Justice.
				  Contained in the Code of Military Justice are the punitive articles (sections
				  130.73 to 130.115) which are generally offenses of a military nature. (See
				  Part 518 of this manual). However, since the members are also subject to the
				  penal laws of the State of New York or of the state in which they are
				  performing duty, the punitive articles in the State Code of Military Justice do
				  not contain the more serious offenses such as murder, manslaughter, robbery,
				  burglary, rape, sodomy, etc. Such offenses should be referred to the police
				  where the offense occurred. The state where the offense occurred or the United
				  States Government may exercise jurisdiction over these or other offenses not
				  covered in the New York State Military Law. While the New York State Code of
				  Military Justice and this Chapter are patterned after the Uniform Code of
				  Military Justice, 1983 and the Manual for Courts Martial--United States, 1984
				  respectively, the state code and rules are tailored to be more practical for a
				  largely part-time force. In order that commanders, judge advocates and members
				  of the organized militia be familiar with the forms and procedures utilized
				  under the Federal active duty system, the forms and procedures utilized to
				  process a state court-martial are the same forms utilized by the active
				  services, as modified for State use.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.2 - The military justice system

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. The military justice system is comprised of judicial proceedings known
				  as courts-martial and nonjudicial proceedings commonly referred to as article
				  15 proceedings (referring to article 15 of the UCMJ or section 130.15  of the
				  New York State Military Law).
(b)
				  The courts-martial system. The goal of the courts-martial system is to achieve
				  justice. As in American criminal courts, special and general courts-martial are
				  adversary proceedings. That is, lawyers representing the government and the
				  accused vigorously present the facts, law and arguments most favorable to each
				  side following the rules of procedure and evidence. Based upon these
				  presentations the military judge decides questions of law. The court-martial
				  applies the law and decides questions of fact. Only a court-martial can
				  determine the ultimate question of innocence or guilt. Any general or special
				  court-martial conviction is a state court conviction.
(1) There are three types of courts-martial:
(i) a general courts-martial;
(ii) a special courts-martial (including bad
				  conduct discharge [BCD] special court-martial); or
(iii) a summary courts-martial.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.3 - Non-judicial punishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. Where a commander determines that non-judicial punishment is the
				  appropriate vehicle for dealing with an offense, he will resort to section
				  130.15  of the Military Law of the State of New York. This section is the
				  functional equivalent of article 15 of the UCMJ. Such proceedings are governed
				  by Part 519 of this Title.
(b) Who
				  may impose section 130.15  punishment. A company grade officer in command may
				  impose nonjudicial punishment as outlined by regulation. If a company grade
				  officer does not feel that company grade punishment is adequate for the
				  offense, the case should be forwarded to the field grade commander with a
				  request that the field grade commander exercise authority under the provisions
				  of section 130.15. See Appendix L-2, Request to Superior to Exercise Article 15
				  Jurisdiction, DMNA form 1058. The company grade commander may not recommend
				  punishment. As appropriate, the field grade commander may return the case to
				  the company grade commander for disposition. A superior may not direct a
				  subordinate commander to take action or dictate the type of punishment to be
				  imposed. A field grade commander may impose punishment as outlined by
				  regulation. A general or flag officer may impose punishment as outlined by
				  regulation.
(c) No right to demand
				  courts-martial. National Guard enlisted personnel whether on orders under title
				  32, United States Code, or State active duty under the New York State Military
				  Law may not demand trial by court-martial in lieu of non-judicial
				  punishment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.4 - The role of the commander in the military justice system

Current through Register Vol. 46, No. 28, July 10, 2024
(See FM 27-1, Legal Guide for Commanders.)
(a) All commanders are responsible for the
				  leadership, military order and discipline of their troops in order to perform
				  their mission.
(b) Discipline has
				  been defined by the Powell Report on the Uniform Code of Military Justice as "a
				  state of mind which leads to a willingness to obey an order no matter how
				  unpleasant the task to be performed. This is not generally characteristic of a
				  civilian community. Development of this state of mind among soldiers or sailors
				  is a command responsibility and a necessity. In the development of discipline,
				  correction of individuals is indispensable; in correction, fairness or justice
				  is indispensable. Thus, it is a mistake to talk of balancing discipline and
				  justice--the two are inseparable".
(c) Since most New York State troops are not
				  performing duty on a full-time basis, 24 hours a day, seven days a week, 52
				  weeks a year like their counterparts in the active services, discipline among
				  state troops sometimes becomes more lax than that of the active
				  forces.
(d) While this may be
				  appropriate under some circumstances, it is not to be encouraged. If the state
				  troops which are part of the "ready reserve" of the active forces are to
				  successfully perform their mission upon an activation into the regular active
				  forces, discipline must be maintained at all times. If troops maintain
				  discipline at all times, the adjustment or assimilation phase that all troops
				  must undergo during an activation will be shortened, thus alleviating some of
				  the "culture shock" the troops may initially experience.
(e) In order to maintain military order and
				  discipline, commanders must have a working understanding of the military
				  justice system and learn to utilize the same. A commander who does not know how
				  to use the military justice system on inactive duty will not miraculously know
				  how to immediately use it upon an activation. Therefore, not only is it
				  imperative to use the military justice system to maintain good order and
				  discipline within a unit, it is part of the military training not only of the
				  commander, but of his troops.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.5 - The commander's legal options

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Introduction. Regardless of how a commander learns of an alleged offense, the
				  matter must be promptly and adequately investigated. See chapter 2, FM 27- 1,
				  Legal Guide for Commanders. However, during the course of the investigation,
				  insure that a suspect's rights are not violated (see section
				  515.6 
				  of this Part).
(b) Once a commander
				  has determined that an offense has been committed, he must take one of the
				  following courses of action:
(1) If the
				  offense is minor, he may impose non-judicial punishment. (See Part 519 of this
				  Title).
(2) If the offense is more
				  serious, the commander may refer same to a commander empowered to convene a
				  summary court-martial (see section
				  515.2(f)(1) 
				  of this Part). The commander empowered to convene a summary court-martial may
				  appoint a summary court-martial officer. A request should first be made to a
				  command with judge advocate personnel to have such command either detail on
				  orders a judge advocate officer to act as a summary court-martial, or, to
				  simply give approval to the subordinate command to detail a particular judge
				  advocate as SCM. Using the latter procedure, the approval of the higher command
				  would be noted in the instruction portion of Part V of the Charge Sheet. By so
				  doing, a separate order detailing the SCM would not be necessary. If a judge
				  advocate is not reasonably available for such detail, the command from which
				  the judge advocate is requested shall immediately so notify the subordinate
				  command and instead detail a disinterested field grade officer to serve as a
				  summary court-martial.
(3) In any
				  event, the commander shall prepare or cause to be prepared the Charge Sheet
				  DMNA form 1050 (see Appendix L-2 [A1] and chapter 4, FM 27-1, Legal Guide for
				  Commanders).
(4) If the charges are
				  more serious, the command may refer such charges to a special court-martial
				  convening authority. However, due to the nature of the offenses contained in
				  the State Code of Military Justice (Part 518 of this Title) convening a special
				  or general court-martial will rarely be appropriate.
(5) If the offense is a violation of State
				  Penal Law, local police should be sought to enforce the violation of State
				  Penal Law.
(6) NOTE: The commander
				  may also utilize a board of officers for the administrative elimination of
				  troublesome personnel. (Army National Guard see AR 135-178 and Air National
				  Guard see ANGR 39-10.)
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.6 - Rights warnings given to the accused

Current through Register Vol. 46, No. 28, July 10, 2024
(See chapter 2, FM 27-1, Legal Guide for
					 Commanders.)
(a) Section 130.31 of the
				  New York Military Law is the equivalent of article 31 of the UCMJ. This section
				  requires that no person subject to this code may compel any person to answer
				  any question which may tend to incriminate himself. Accordingly, no questioning
				  of any accused or person suspected of an offense may take place without that
				  person having been advised of the following:
(1) the nature of the accusation;
(2) that he has a right to remain
				  silent;
(3) that if he gives up the
				  right to remain silent, any statement he makes may be used against him as
				  evidence in a court-martial.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.7 - Preparation, preferral and forwarding of charges

Current through Register Vol. 46, No. 28, July 10, 2024
(See chapter 4, FM 27-1, Legal Guide for
					 Commanders.)
(a) Preparation of
				  charges. Where a commander determines that non-judicial punishment is
				  inadequate, yet the offense does not warrant a general or special
				  court-martial, a summary court-martial may be utilized. The commander will use
				  DMNA form 1050 (Charge Sheet), a sample copy of which is contained in Appendix
				  L-2. This form must be prepared in an original and four copies.
(1) While a commander is responsible for
				  preparation of the charge sheet, there is no legal requirement that he do it
				  personally. The preparation of the charge sheet is a critical function of the
				  commander. Whenever possible, the commander will seek the assistance of a judge
				  advocate officer. Once the charges and specifications have been prepared and
				  signed under oath, they are a public record and should not be altered except on
				  the advice of a judge advocate.
(2)
				  The accuser (i.e., the person who believes that the charges and specifications
				  are true) will sign in Part III, DMNA form 1050. While the accuser is usually
				  the commander, it may be any person subject to the State Military Law. A
				  superior authority may not order anyone to act as an accuser. The signing of
				  the charge sheet must be made before a commissioned officer authorized to take
				  oaths (see Military Law, section 131.2). The accuser must take the
				  oath.
(3) The next step in the
				  process; i.e., preferral of the charges against the accused, requires that the
				  commander or his or her representative read the charges and specifications to
				  the accused. The commander or commander's representative will then complete
				  Part III, paragraph 12, DMNA form 1050.
(4) The commander or his or her designated
				  representative will next forward the charge sheet and all allied information as
				  well as exhibits to the commander exercising summary court jurisdiction (see
				  subdivision [b] of this section).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.8 - Preparation for trial by summary courts-martial

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. Upon receipt of the charges and
				  accompanying papers referred by the convening authority, the summary
				  courts-martial (SCM) should consider, among other aspects of the case, the
				  following:
(1) The file received will normally
				  include several copies of the charge sheet; written statements of witnesses or
				  summaries thereof; any documentary evidence, such as DA form 1379 as utilized
				  by the Army National Guard and NGB form 633 as utilized by the Air National
				  Guard indicating a change in personnel status for cases involving absence
				  without leave; and copies of the record of previous convictions, if
				  any.
(2) The SCM may use statements
				  of witnesses contained in the file only for the purpose of preparing for trial;
				  that is, to determine the order of witnesses and the questions the SCM will ask
				  and for certain other limited purposes such as impeachment of the testimony of
				  a witness at trial by previously inconsistent statements.
(3) The SCM may not use a military police
				  report as a substitute for live witnesses except to the extent the accused
				  consents after being advised that he or she need not do so, and that he or she
				  is entitled to have the witnesses present.
(4) In preparing for trial, the SCM may
				  locate and obtain for use at the trial any relevant documentary or real
				  evidence, even if it was not contained or mentioned in the file as
				  received.
(5) The SCM may consider
				  as evidence in the case only the testimony and other evidence admissible under
				  the rules of evidence (Part 517 of this Title) which is actually received as
				  evidence at the trial in the presence of the accused.
(6) A record of previous convictions will
				  rarely be admissible on the question of guilt or innocence. Therefore, you may
				  consider previous convictions only for the purposes of determining what
				  sentence is appropriate in the event you have found the accused
				  guilty.
(7) Remember, that any
				  offense to which the accused pleads not guilty, the accused must be presumed to
				  be innocent until guilt beyond a reasonable doubt is established by legal and
				  competent evidence received at the trial in the accused's presence.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.9 - Absent without leave (awol) and unauthorized absence (ua)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Introduction.
(1) This section and section
				  515.10  of
				  this Part have been developed to assist New York Army National Guard commanders
				  deal with AWOL problems. In order to effectively accomplish his mission, a
				  commander should maximize the use of his personnel assets (service members). If
				  a commander's unit is understaffed due to an excessive number of members being
				  absent without leave (AWOL), the commander will be hard-pressed to accomplish
				  his or her mission and have his or her unit be an effective force.
(2) Accordingly, commanders should take such
				  measures to ensure that members are present for duty when prescribed and
				  correct situations which produce excessive AWOL's.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 515 - Introduction › Section 515.10 - Apprehension of persons

Current through Register Vol. 46, No. 28, July 10, 2024
See section
					 516.3 
					 of this Title for more detailed procedures).
(a) Apprehension in AWOL cases.
(1) The apprehension of persons AWOL is
				  explicitly authorized by New York State Military Law, section 130.7:
(i) Apprehension is the taking into custody
				  of a person.
(ii) Any person
				  authorized under regulations issued pursuant to this Part (see Rule 302,
				  N.Y.R.C.M.) to apprehend persons subject to this code, any marshal of a
				  court-martial appointed pursuant to the provisions of this Part and any peace
				  officer acting pursuant to his special duties or police officer may apprehend
				  persons subject to this code upon reasonable belief that an offense has been
				  committed and that the person apprehended committed it.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.1 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Scope, title.
(1) In general. The
				  administration of military justice in the State Military Forces is governed by
				  relevant sections of the State Military Law (ML), article 7 and this Chapter
				  with this Part being the rules for courts-martial.
(2) Title. These rules may be known and cited
				  as the New York Rules for Courts-Martial (N.Y.R.C.M.).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.2 - Jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Jurisdiction in
				  general.
(1) Nature of courts-martial
				  jurisdiction.
(i) The jurisdiction of
				  courts-martial is entirely penal or disciplinary.
(ii) This code applies in all places within
				  the State. It also applies to all persons subject to the code while serving
				  outside the State and applies while such persons are going to and returning
				  from such service outside the State in like manner and to the same extent as
				  while those persons are serving within the State (see ML, 130.5[a]).
(iii) The jurisdiction of a court-martial
				  with respect to offenses under the code is not affected by the place where the
				  court-martial sits (see ML, 130.5 [b]).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.3 - Initiation of charges; apprehension; pretrial restraint; related matters

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(a) Report of
				  offense.
(1) Who may report. Any person may
				  report an offense subject to trial by court-martial.
(2) To whom reports conveyed for disposition.
				  Ordinarily, any military authority who receivea 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.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.4 - Forwarding and disposition of charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Forwarding and disposition of charges in
				  general.
(1) Who may dispose of charges. Only
				  persons authorized to convene courts-martial or to administer nonjudicial
				  punishment under 130.15, ML may dispose of charges. A superior competent
				  authority may withhold the authority of a subordinate to dispose of charges in
				  individual cases, types of cases, or generally.
(2) Prompt determination. When a commander
				  with authority to dispose of charges receives charges, that commander must
				  promptly determine what disposition will be made in the interest of justice and
				  discipline.
(3) How charges may be
				  disposed of. Unless the authority to do so has been limited or withheld by
				  superior competent authority, a commander may dispose of charges by dismissing
				  any or all of them, forwarding any of all of them to another commander for
				  disposition, or referring any or all of them to a court-martial which the
				  commander is empowered to convene. Charges should be disposed of in accordance
				  with the policy in N.Y.R.C.M. 306(b).
(i)
				  Dismissal. When a commander dismisses charges, further disposition under
				  N.Y.R.C.M. 306(c) of the offenses is not barred.
(ii) Forwarding charges.
(a) Forwarding to a superior commander. When
				  charges are forwarded to a superior commander for disposition, the forwarding
				  commander must make a personal recommendation as to disposition. If the
				  forwarding commander is disqualified from acting as convening authority in the
				  case, the basis for the disqualification must be noted.
(b) Other cases. When charges are forwarded
				  to a commander who is not a superior of the forwarding commander, no
				  recommendation as to disposition may be made.
(c) Forwarding charges against person held
				  for trial by general court-martial. When a person is held for trial by general
				  court-martial, the commanding officer must, within eight days after the accused
				  is ordered into arrest or confinement, if practicable, forward through channels
				  the charges, together with the investigation and allied papers, to the general
				  court-martial convening authority. If the same is not practicable, he must
				  report in writing to that authority the reasons for delay (ML,
				  130.33).
(iii) Referral
				  of charges (see N.Y.R.C.M. 403, 404, 407, 601).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.5 - Court-martial composition and personnel; convening courts-martial

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Composition and
				  personnel of courts-martial.
(1) Composition
				  of courts-martial (ML, 130.16).
(i) General
				  courts-martial. General courts-martial consist of:
(a) a military judge and not less than five
				  members; or
(b) a military judge
				  alone if requested by the accused and approved under N.Y.R.C.M. 903.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.7 - Pretrial matters

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Discovery.
(1) Disclosure by the
				  trial counsel.
Except as otherwise provided in paragraph (6) and
					 subparagraph (7)(ii) of this subdivision, the trial counsel must provide the
					 following information or matters to the defense.
(i) Papers accompanying charges; convening
				  order; statements. As soon as practicable after service of charges under
				  N.Y.R.C.M. 602, the trial counsel must provide the defense with copies of, or,
				  if extraordinary circumstances make it impracticable to provide copies, permit
				  the defense to inspect:
(a) any paper which
				  accompanied the charges when they were referred to the court-martial, including
				  papers sent with charges upon a rehearing or new trial;
(b) the convening order and any amending
				  orders; and
(c) any sworn or signed
				  statement relating to an offense charged in the case which is in the possession
				  of the trial counsel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.8 - Trial procedure generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Military judge's responsibilities; other matters.
(1) Responsibilities of military judge. The
				  military judge is the presiding officer in a court-martial (ML, 130.26[a]). The
				  military judge must:
(i) determine the time
				  and uniform for each session of a court-martial;
(ii) ensure that the dignity and decorum of
				  the proceedings are maintained;
(iii) subject to the code and this Chapter,
				  exercise reasonable control over the proceedings to promote the purposes of
				  these rules and this Chapter;
(iv)
				  subject to paragraph (5) of this subdivision, rule on all interlocutory
				  questions and all questions of law raised during the court-martial;
				  and
(v) instruct the members on
				  questions of law and procedure which may arise.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 516 - Rules For Courts-martial › Section 516.10 - Sentencing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Presentencing
				  procedure.
(1) In general.
(i) Procedure. After findings of guilty have
				  been announced, the prosecution and defense may present matter pursuant to this
				  subdivision to aid the court-martial in determining an appropriate sentence.
				  Such matter is ordinarily presented in the following sequence:
(a) presentation by trial counsel of:
(1) service data relating to the accused
				  taken from the charge sheet;
(2)
				  personal data relating to the accused and of the character of the accused's
				  prior service as reflected in the personnel records of the accused;
(3) evidence of prior convictions, military
				  or civilian;
(4) evidence of
				  aggravation; and
(5) evidence of
				  rehabilitative potential.