§ 13A-301. Commanding officer's non-judicial punishment
West's Annotated Code of MarylandPublic SafetyEffective: April 11, 2023
Effective: April 11, 2023
MD Code, Public Safety, § 13A-301
§ 13A-301. Commanding officer's non-judicial punishment
(a)(1) Under such regulations as prescribed, a commanding officer or officers-in-charge may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section.
(b) A commanding officer may impose on enlisted members of the officer's command:
Types of punishments commanding officer of grade of major or above may impose on enlisted members of officer's command
(c) A commanding officer of the grade of major or above may impose on enlisted members of the officer's command:
Types of punishments the Governor, the Adjutant General, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose
(d) The Governor, the Adjutant General, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose:
(e) Whenever any punishments are combined to run consecutively, the total length of the combined punishment may not exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.
(f)(1) Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether punishment more severe than 14 days' extra duty or 14 days' restriction and admonition shall be considered as punishments.
(g)(1) The officer who imposes the punishment, or the successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected.
(h)(1) A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within 15 days after the punishment is either announced or sent to the accused, as the commander may determine.
(i)(1) Subject to paragraph (2) of this subsection, the imposition and enforcement of disciplinary punishment under this section for an act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this title.
(j) Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.
Credits
Added by Acts 2020, c. 592, § 2, eff. Oct. 1, 2020. Amended by Acts 2023, c. 49, § 2, eff. April 11, 2023.
MD Code, Public Safety, § 13A-301, MD PUBLIC SAFETY § 13A-301
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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