37-B §401. Title

§401. Title This chapter may be cited as the “Maine Code of Military Justice.”   [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).

37-B §402. Definitions

§402. Definitions As used in this Code, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 460, §3 (NEW).] 1.  Accuser.  “Accuser” means a person who:   A. Signs and swears to charges;   [PL 1983, c. 460, §3 (NEW).] B. Directs that charges be signed and sworn […]

37-B §403. Persons subject to the Code

§403. Persons subject to the Code 1.  Active member.  All members of the state military forces are subject to the Maine Code of Military Justice at all times except when in federal service pursuant to United States Code, Title 10.   A. This code applies to members of the state military forces serving out-of-state and […]

37-B §404. Places where applicable

§404. Places where applicable This Code applies in all places where personnel of military forces are present.   [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).

37-B §405. Judge advocates

§405. Judge advocates The Adjutant General shall appoint judge advocates for the Army National Guard and judge advocates for the Air National Guard. The Adjutant General shall appoint as state judge advocate one of the judge advocates from the National Guard.   [PL 2001, c. 662, §43 (AMD).] SECTION HISTORY PL 1983, c. 460, §3 […]

37-B §406. Apprehension

§406. Apprehension 1.  Meaning.  Apprehension is the taking into custody of a person.   [PL 1983, c. 460, §3 (NEW).] 2.  By military authority.  Any person authorized by law or regulations governing the military forces to apprehend persons subject to this Code or to trial thereunder may do so upon reasonable belief that an offense […]

37-B §407. Arrest or confinement

§407. Arrest or confinement 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following words have the following meanings.   A. “Arrest” is the restraint of a person by an order directing the person to remain within certain specified limits and that is not imposed as a punishment for an offense. […]

37-B §408. Designated jails

§408. Designated jails Confinement other than in a guard house, whether prior to, during or after trial by a military court, shall be executed in correctional centers designated by the Governor or by the Adjutant General for that purpose.   [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).

37-B §409. Probable cause

§409. Probable cause A person shall not be ordered into arrest or confinement except for probable cause.   [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).

37-B §410. Information on charges; speedy trial

§410. Information on charges; speedy trial When any person subject to this Code is arrested or confined prior to trial, immediate steps must be taken to inform the person of the specific wrong of which the person is accused and to try the person or to dismiss the charges and release the person.   [RR […]

37-B §411. Quelling of disorders

§411. Quelling of disorders All officers and noncommissioned officers may quell all quarrels, frays and disorders among persons subject to this Code and apprehend persons subject to this Code who take part in those disorders.   [PL 2001, c. 662, §45 (AMD).] SECTION HISTORY PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §45 […]

37-B §412. Receiving prisoners

§412. Receiving prisoners When an officer of the military forces delivers a prisoner and furnishes a statement of the offense charged against that prisoner to a provost marshal, commander of the guard, warden, keeper or officer of a city or county jail or other correctional center designated under section 408, that official shall commit the […]

37-B §413. Report of persons held

§413. Report of persons held Every provost marshal, commander of the guard, warden, keeper or officer of a city or county jail or other correctional center designated under section 408 to whose charge a prisoner is committed shall, within 24 hours after such commitment or as soon as the official is relieved from guard, report […]

37-B §414. Application of the United States Manual for Courts-Martial

§414. Application of the United States Manual for Courts-Martial Insofar as it is not inconsistent with this Code, the United States Manual for Courts-Martial, as established by executive order of the President of the United States and as revised from time to time, applies to proceedings pursuant to this chapter.   [PL 2001, c. 662, […]

37-B §415-A. Nonjudicial punishment

§415-A. Nonjudicial punishment 1.  Disciplinary punishment.  A commander may, in addition to or in lieu of admonition, reprimand or extra training, impose disciplinary punishments for minor offenses without the intervention of a court-martial as follows.   A. A company grade officer commander or warrant officer commander may impose one or more of the following punishments: […]

37-B §415. Nonjudicial punishment (REPEALED)

§415. Nonjudicial punishment (REPEALED) SECTION HISTORY PL 1983, c. 460, §3 (NEW). PL 1983, c. 594, §§22-25 (AMD). PL 2001, c. 662, §47 (RP).

37-B §416. Court-martial

§416. Court-martial A court-martial shall have jurisdiction to try persons subject to this Code for any offense defined and made punishable by this Code.   [PL 1983, c. 460, §3 (NEW).] A court-martial shall consist of:   [PL 1983, c. 460, §3 (NEW).] 1.  With panel.  A military judge and a panel of not less […]

37-B §417. Sentences

§417. Sentences Except as limited by rules prescribed by the Governor a court-martial may adjudge any one or a combination of the following punishments:   [PL 1983, c. 460, §3 (NEW).] 1.  Confinement.  Confinement at hard labor for not more than 6 months;   [PL 1983, c. 460, §3 (NEW).] 2.  Hard labor.  Hard labor […]

37-B §418. Jurisdiction

§418. Jurisdiction The jurisdiction of a court-martial is limited to trial of persons subject to this Code who are accused of military offenses described in this Code. Persons subject to this Code who are accused of offenses cognizable by the civil courts of this State or any other state where the military forces are present […]

37-B §419. Convening a court-martial

§419. Convening a court-martial The convening authority of a court-martial under this Code shall be the Governor or the Adjutant General.   [PL 1983, c. 460, §3 (NEW).] SECTION HISTORY PL 1983, c. 460, §3 (NEW).