§ 28-3.1-401. Cruel and Unusual Punishments Prohibited

Cruel and unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10.

§ 28-3.1-402. Maximum Limits

The punishment which a court-martial may direct for an offense shall not exceed limits prescribed by this code. Source: L. 83: Entire article added, p. 1180, § 1, effective June 10.

§ 28-3.1-402.5. Classification of Offenses

A conviction by general court-martial of any military offense for which an accused received a sentence greater than one year of confinement or a conviction by a general court-martial of any offense that, at the time the offense was committed, carries a maximum term of confinement of three years or greater as set forth under […]

§ 28-3.1-403. Effective Date of Sentences

Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay and allowances becoming due before or after the date the sentence is approved by the convening authority. Any period of confinement included in a sentence […]

§ 28-3.1-404. Execution of Confinement

A sentence of confinement adjudged by a military court may be carried into execution by confinement in any place of confinement under the control of any of the forces of the state military forces or in any jail, penitentiary, or prison designated for that purpose. Persons so confined in a jail, penitentiary, or prison are […]

§ 28-3.1-405. Commitment Under Sentence of Confinement

When a sentence of confinement is imposed to be served other than in a guardhouse, the convening authority shall issue a writ in the following or similar form: STATE OF ________________________) ) ss. ________ COUNTY OF______________) To the Sheriff of County, , State of Colorado. WHEREAS, of in the County of , a member of […]

§ 28-3.1-406. Collection of Fines

All fines imposed as a sentence of a court-martial shall be paid at the time of approval of the sentence by the convening authority. The commitment to the county jail for nonpayment of fines shall be in the following or similar form: STATE OF ________________________) ) ss. ________ COUNTY OF______________) To the Sheriff of County […]

§ 28-3.1-407. Initial Action on the Record

After a trial by court-martial, the record shall be forwarded to the convening authority, as reviewing authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or the governor. The reviewer may approve the sentence or such part, amount, […]

§ 28-3.1-408. Reconsideration and Revision

If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. Where there is an apparent error or omission in the record, or […]

§ 28-3.1-409. Rehearings

If the convening authority disapproves the findings and sentence of a court-martial, he or she may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case, he or she shall state the reasons for disapproval. If he or she disapproves the findings and […]

§ 28-3.1-410. Approval by the Convening Authority

In acting on the findings and sentence of a court-martial, the convening authority may approve only those findings and the sentence or part or amount of the sentence which he or she finds correct in law and fact. Unless he or she indicates otherwise, approval of the sentence is approval of the findings and sentence. […]

§ 28-3.1-411. Review of Records – Disposition

If the convening authority is the governor, he or she shall refer the record of courts-martial to the state judge advocate general who shall submit his or her written opinion to the governor. If the final action of the court has resulted in acquittal of all charges and specifications, the opinion shall be limited to […]

§ 28-3.1-412. Review Counsel

Upon the final review of a sentence of any court-martial, the accused has the right to be represented by counsel before the reviewing authority, before the staff judge advocate, and before the state judge advocate general. Upon the request of an accused, the state judge advocate general shall appoint a lawyer who is a member […]

§ 28-3.1-413. Review by Governor

Notwithstanding review procedures provided in this code, in any case where no right to review by the governor exists, the accused may, within thirty days after final action is taken by any reviewing authority, petition the governor to review such final action. The governor may take action as he or she deems appropriate. Failure of […]

§ 28-3.1-414. Error of Law – Lesser Included Offense

A finding or sentence of a court-martial shall not be held incorrect on the ground of an error of law, unless the error materially prejudices the substantial rights of the accused. Any reviewing authority with the power to affirm a finding of guilty may affirm so much of the findings as includes a lesser included […]

§ 28-3.1-415. Vacation of Suspension of Sentence

Before the vacation of the suspension of any court-martial sentence, the officer having court-martial jurisdiction over a probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel, if he or she so desires. The record of the hearing and the recommendation of the officer […]

§ 28-3.1-416. Petition for a New Trial

At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the governor for a new trial on grounds of newly discovered evidence or fraud on the court-martial. Source: L. 83: Entire article added, p. 1184, § 1, effective June 10.

§ 28-3.1-417. Remission and Suspension

A convening authority may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures. The governor may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial. Source: L. 83: Entire article added, p. […]

§ 28-3.1-418. Restoration

Under regulations prescribed by the governor, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, may be restored, unless a new trial or rehearing is ordered and the executed part is included in a sentence imposed upon […]

§ 28-3.1-419. Finality of Proceedings, Findings, and Sentences

The proceedings, findings, and sentences of courts-martial as reviewed and approved as required by this code and all dismissals and discharges carried into execution under sentences by courts-martial following review and approval as required by this code are final. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding […]