Sec. 2. (a) The adjutant general may adopt rules, policies, and regulations not inconsistent with this chapter governing the organization, administration, equipment, maintenance, training, and discipline of members of the Indiana guard reserve.

     (b) The adjutant general is designated as the commanding officer of the Indiana guard reserve, and the Indiana guard reserve shall operate in a similar fashion to other national guard units or directorates under the adjutant general’s command. The administration of the Indiana guard reserve shall be in the adjutant general’s office.

     (c) The adjutant general shall establish an appropriate internal structure and organization of the Indiana guard reserve that is consistent with the needs of the Indiana national guard and the size and capabilities of the Indiana guard reserve.

     (d) The adjutant general shall establish a process or procedure that provides for the promotion, demotion, and discipline of citizens who volunteer for the Indiana guard reserve. This process shall not be inconsistent with the process and procedure developed and used by the Indiana national guard for its members. However, volunteers with the Indiana guard reserve are not:

(1) subject to military court-martial procedures under IC 10-16-9; or

(2) covered by immunity protections under IC 10-16-7-7.

     (e) Volunteers with the Indiana guard reserve shall respond to calls for voluntary service as established by the Indiana national guard.

     (f) The Indiana guard reserve shall not be placed on state active duty under IC 10-16-7.

     (g) The adjutant general retains final command authority over the Indiana guard reserve. However, the adjutant general may delegate operational and administrative control of the Indiana guard reserve to subordinate directorates within the Indiana national guard or the adjutant general’s office that the adjutant general deems necessary and prudent for efficient operations.

     (h) Upon recommendation of the adjutant general, the governor may disband the Indiana guard reserve.

[Pre-2003 Recodification Citation: 10-2-8-2.]

As added by P.L.2-2003, SEC.7. Amended by P.L.170-2022, SEC.5.