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Section 450.1 Of Chapter 9. Military Courts From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 9.
450.1
. (a) Under regulations as the Governor may prescribe, and
under any additional regulations as may be prescribed by the Adjutant
General, limitations may be placed on the powers granted by this
section with respect to the kind and amount of punishment authorized,
the categories of commanding officers and warrant officers
exercising command authorized to exercise those powers, the
applicability of this section to an accused who demands trial by
court-martial, and the kinds of courts-martial to which the case may
be referred upon that demand. Except in the case of the imposition of
fines upon officers and warrant officers, punishment may not be
imposed upon any member of the California National Guard under this
section if the member has, before the imposition of punishment,
demanded trial by court-martial in lieu of punishment. Under similar
regulations, rules may be prescribed with respect to the suspension
of punishments authorized hereunder. If authorized by regulations of
the Adjutant General, a commanding officer who under the Uniform Code
of Military Justice would exercise general court-martial
jurisdiction or an officer of general rank in command may delegate
his or her powers under this section to a principal assistant.
(b) Subject to subdivision (a), any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:
(1) Upon officers of his or her command:
(A) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days.
(B) If imposed by an officer who under the Uniform Code of Military Justice would exercise general court-martial jurisdiction or an officer of general rank in command:
(i) Arrest in quarters for not more than 30 consecutive days.
(ii) Impose a fine of not more than 15 days pay per month for two months.
(iii) Restriction to certain specified limits with or without suspension from duty for not more than 60 consecutive days.
(iv) Detention of not more than 15 days' pay per month for three months.
(2) Upon other personnel of his or her command:
(A) Correctional custody for not more than seven consecutive days.
(B) Impose a fine of not more than seven days' pay.
(C) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
(D) Extra duties, including fatigue or other duties, for not more than 14 consecutive days.
(E) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days.
(F) Detention of not more than 14 days' pay.
(G) If imposed by an officer of the grade of major or above:
(i) Correctional custody for not more than 30 consecutive days.
(ii) Impose a fine of not more than 15 days' pay per month for two months.
(iii) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.
(iv) Extra duties, including fatigue or other duties, for not more than 45 consecutive days.
(v) Restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days.
(vi) Detention of not more than 15 days' pay per month for three months. The punishments heretofore prescribed by subdivision (b) (1) A, B (i) and (iii) and subdivision (b) (2) A, D, E, G(i), (iv) and (v) hereof may be imposed only during annual active duty for training or active state service, except that extra duties may be imposed upon enlisted men and women while in armory drill status for two hours (to be completed not later than 2400 hours) for two consecutive drills. Detention of pay shall be for a stated period of not more than one year but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there shall be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subdivision, "correctional custody" means the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody shall not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which he or she is in charge any of the punishments authorized under subdivision (b)(2)(A) to (G), inclusive, as the Adjutant General may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subdivision (b), or his or her successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a fine imposed under subdivision (b), whether or not executed. In addition, the officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. The officer may also mitigate reduction in grade to a fine or detention of pay. When mitigating:
(1) arrest in quarters to restriction;
(2) correctional custody to extra duties or restriction, or both; or
(3) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating a fine to detention of pay, the amount of the detention shall not be greater than the amount of the fine. When mitigating reduction in grade to a fine or detention of pay, the amount of the fine or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(e) A person punished under this section who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subdivision (d) by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
(1) arrest in quarters for more than seven days;
(2) correctional custody for more than seven days;
(3) a fine of more than seven days' pay;
(4) reduction of one or more pay grades from the fourth or a higher pay grade;
(5) extra duties for more than 14 days;
(6) restriction for more than 14 days; or
(7) detention of more than 14 days' pay; the authority who is to act on the appeal shall refer the case to a judge advocate of the California National Guard for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subdivision (b).
(f) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(g) The Adjutant General may, by regulation, prescribe the form of records to be kept of proceedings under this article and may also prescribe that certain categories of those proceedings shall be in writing.
(b) Subject to subdivision (a), any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial:
(1) Upon officers of his or her command:
(A) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days.
(B) If imposed by an officer who under the Uniform Code of Military Justice would exercise general court-martial jurisdiction or an officer of general rank in command:
(i) Arrest in quarters for not more than 30 consecutive days.
(ii) Impose a fine of not more than 15 days pay per month for two months.
(iii) Restriction to certain specified limits with or without suspension from duty for not more than 60 consecutive days.
(iv) Detention of not more than 15 days' pay per month for three months.
(2) Upon other personnel of his or her command:
(A) Correctional custody for not more than seven consecutive days.
(B) Impose a fine of not more than seven days' pay.
(C) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction.
(D) Extra duties, including fatigue or other duties, for not more than 14 consecutive days.
(E) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days.
(F) Detention of not more than 14 days' pay.
(G) If imposed by an officer of the grade of major or above:
(i) Correctional custody for not more than 30 consecutive days.
(ii) Impose a fine of not more than 15 days' pay per month for two months.
(iii) Reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.
(iv) Extra duties, including fatigue or other duties, for not more than 45 consecutive days.
(v) Restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days.
(vi) Detention of not more than 15 days' pay per month for three months. The punishments heretofore prescribed by subdivision (b) (1) A, B (i) and (iii) and subdivision (b) (2) A, D, E, G(i), (iv) and (v) hereof may be imposed only during annual active duty for training or active state service, except that extra duties may be imposed upon enlisted men and women while in armory drill status for two hours (to be completed not later than 2400 hours) for two consecutive drills. Detention of pay shall be for a stated period of not more than one year but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there shall be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subdivision, "correctional custody" means the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody shall not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members assigned to the unit of which he or she is in charge any of the punishments authorized under subdivision (b)(2)(A) to (G), inclusive, as the Adjutant General may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in subdivision (b), or his or her successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a fine imposed under subdivision (b), whether or not executed. In addition, the officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. The officer may also mitigate reduction in grade to a fine or detention of pay. When mitigating:
(1) arrest in quarters to restriction;
(2) correctional custody to extra duties or restriction, or both; or
(3) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating a fine to detention of pay, the amount of the detention shall not be greater than the amount of the fine. When mitigating reduction in grade to a fine or detention of pay, the amount of the fine or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(e) A person punished under this section who considers his or her punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subdivision (d) by the officer who imposed the punishment. Before acting on an appeal from a punishment of:
(1) arrest in quarters for more than seven days;
(2) correctional custody for more than seven days;
(3) a fine of more than seven days' pay;
(4) reduction of one or more pay grades from the fourth or a higher pay grade;
(5) extra duties for more than 14 days;
(6) restriction for more than 14 days; or
(7) detention of more than 14 days' pay; the authority who is to act on the appeal shall refer the case to a judge advocate of the California National Guard for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subdivision (b).
(f) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(g) The Adjutant General may, by regulation, prescribe the form of records to be kept of proceedings under this article and may also prescribe that certain categories of those proceedings shall be in writing.
