§ 28-3.1-101. Short Title

This article shall be known and may be cited as the “Colorado Code of Military Justice”. Source: L. 83: Entire article added, p. 1162, § 1, effective June 10.

§ 28-3.1-102. Definitions

As used in this article 3.1, unless the context otherwise requires: “Accuser” means any person who signs and swears to charges, any person who directs that charges be signed and sworn to by another, and any person who has an interest other than an official interest in the prosecution of the accused. Repealed. (2.3) “Cadet” […]

§ 28-3.1-103. Persons Subject to This Code

This code applies to all members of the state military forces. Source: L. 83: Entire article added, p. 1163, § 1, effective June 10. L. 91: Entire section amended, p. 1377, § 1, effective April 1.

§ 28-3.1-104. Jurisdiction to Try Certain Personnel

Any person discharged from the military forces who is later charged with having fraudulently obtained his or her discharge is subject to trial by court-martial on that charge and, after apprehension, shall be subject to this code while in the custody of the military for that trial. Upon conviction of that charge, he or she […]

§ 28-3.1-105. Territorial Applicability of This Code

This code applies to all persons otherwise subject to this code, either in title 32 of the United States Code, as amended, or state active duty status, while they are serving outside the state and while they are going to and returning from such service outside the state in the same manner and to the […]

§ 28-3.1-106. State Judge Advocate General and Judge Advocates

The adjutant general shall select and appoint an officer of the military forces as state judge advocate general. To be eligible for such appointment, an officer must be a member of the bar of the state of Colorado for at least five years and must meet the additional requirements for appointment to the state staff […]

§ 28-3.1-107. Apprehension and Restraint

Officers, warrant officers, and enlisted members of the military forces may be placed in arrest by their military superiors upon reasonable belief that an offense in violation of this code has been committed and that the person apprehended committed such offense. An enlisted member may be ordered into arrest or confinement by any commissioned officer […]

§ 28-3.1-108. Apprehension of Deserters

Any officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth, or the District of Columbia may summarily apprehend a deserter from the military forces. If the offender is apprehended outside the state of Colorado, his or her return to Colorado must be in accordance with […]

§ 28-3.1-109. Restraint of Persons Charged With Offenses

Any person subject to this code who is charged with an offense under this code may be ordered into arrest or confinement by the convening authority, as circumstances may require; but when charged only with an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement. When any person […]

§ 28-3.1-110. Confinement

Persons confined other than in a guardhouse, whether before, during, or after trial by a military court, shall be confined in a jail in the county where the offense was committed or a jail designated by the convening authority, the costs of such confinement to be paid out of funds appropriated to the office of […]

§ 28-3.1-111. Confinement With Enemy Prisoners Prohibited

No member of the military forces may be placed in confinement in immediate association with enemy prisoners. Source: L. 83: Entire article added, p. 1167, § 1, effective June 10.

§ 28-3.1-112. Punishment Prohibited Before Trial

Subject to section 28-3.1-403, no person, while being held for trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against such person, nor shall the arrest or confinement imposed upon such person be any more rigorous than the circumstances require to insure his or her presence. However, […]

§ 28-3.1-113. Delivery of Offenders to Civil Authorities

Under such regulations as are prescribed under this code, a person subject to this code who is on state active duty who is accused of any offense against civil authority may be delivered, upon request, to the civil authority for trial. When delivery under this section is made to any civil authority of a person […]

§ 28-3.1-114. Commanding Officer’s Nonjudicial Punishment

Punishment may be imposed for any offense cognizable by a court-martial upon any member of the state military forces under this section. Under such regulations as the governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized and the levels of […]