Kentucky Statutes 35.070 – Commanding officer’s nonjudicial punishment
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(1) Under such regulations as prescribed, any commanding officer, and for purposes of this section, officers-in-charge, may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The Governor, the adjutant general, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who is a member of the state military forces.
(2) Any commanding officer may impose upon enlisted members of the officer’s command:
(a) An admonition; (b) A reprimand;
(c) The withholding of privileges for not more than six (6) months; (d) The forfeiture of pay of not more than seven (7) days’ pay;
(e) A fine of not more than seven (7) days’ pay;
(f) A 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;
(g) Extra duties, including fatigue or other duties, for not more than fourteen (14)
days, which need not be consecutive; and
(h) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen (14) days, which need not be consecutive.
(3) Any commanding officer of the grade of major or lieutenant commander or above may impose upon enlisted members of the officer’s command:
(a) Any punishment authorized in subsection (2)(a), (b), and (c) of this section; (b) The forfeiture of not more than fourteen (14) days’ pay;
(c) A fine of not more than fourteen (14) days’ pay;
(d) A 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 (2) pay grades;
(e) Extra duties, including fatigue or other duties, for not more than forty-five
(45) days which need not be consecutive; and
(f) Restriction to certain specified limits, with or without suspension from duty, for not more than sixty (60) days which need not be consecutive.
(4) 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:
(a) Upon officers in the officer’s command:
1. Any punishment authorized in paragraph (a), (b), (c), or (f) of subsection
(3) of this section; and
2. Arrest in quarters for not more than thirty (30) days which need not be consecutive;
(b) Upon enlisted members of the officer’s command, any punishment authorized in subsection (3) of this section.
(5) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot 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.
(6) Prior to the offer of non-judicial punishment, the commanding officer shall determine whether arrest in quarters, restriction, forfeiture, or fine shall be considered as punishments. Should the commanding officer determine that the punishment options may include arrest in quarters, restriction, forfeiture, or fine, the accused shall be notified of the right to demand a trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters, restriction, forfeiture, or fine, the accused shall be notified that there is no right to trial by courts-martial in lieu of non-judicial punishment.
(7) The officer who imposes 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. The officer also may mitigate:
(a) Reduction in grade to forfeiture of pay; (b) Arrest in quarters to restriction; or
(c) Extra duties to restriction.
The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.
(8) 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 fifteen (15) days after the punishment is either announced or sent to the accused, as the commander may determine. 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 subsection (7) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.
(9) The imposition and enforcement of disciplinary punishment under this section for any 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 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 amount of punishment to be adjudged in the event of a finding of guilty.
(10) Whenever a punishment of forfeiture of pay is imposed as provided in this section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.
(11) Regulations may prescribe the form of forfeiture of records to be kept of proceedings under this section and may prescribe that certain categories of those proceedings shall be in writing.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 75, sec. 2, effective July 15, 2016. — Amended
2013 Ky. Acts ch. 32, sec. 19, effective June 25, 2013. — Amended 1986 Ky. Acts ch. 239, sec. 5, effective July 15, 1986. — Amended 1974 Ky. Acts ch. 108, sec. 1. — Amended 1970 Ky. Acts ch. 56, sec. 10. — Created 1954 Ky. Acts ch. 99, sec. 13, effective July 1, 1954.
(2) Any commanding officer may impose upon enlisted members of the officer’s command:
Terms Used In Kentucky Statutes 35.070
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Arrest: Taking physical custody of a person by lawful authority.
- Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment under KRS §. See Kentucky Statutes 35.010
- Enlisted member: means a person in an enlisted grade. See Kentucky Statutes 35.010
- Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:
(a) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one (1) of these. See Kentucky Statutes 35.010 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
- State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) An admonition; (b) A reprimand;
(c) The withholding of privileges for not more than six (6) months; (d) The forfeiture of pay of not more than seven (7) days’ pay;
(e) A fine of not more than seven (7) days’ pay;
(f) A 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;
(g) Extra duties, including fatigue or other duties, for not more than fourteen (14)
days, which need not be consecutive; and
(h) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen (14) days, which need not be consecutive.
(3) Any commanding officer of the grade of major or lieutenant commander or above may impose upon enlisted members of the officer’s command:
(a) Any punishment authorized in subsection (2)(a), (b), and (c) of this section; (b) The forfeiture of not more than fourteen (14) days’ pay;
(c) A fine of not more than fourteen (14) days’ pay;
(d) A 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 (2) pay grades;
(e) Extra duties, including fatigue or other duties, for not more than forty-five
(45) days which need not be consecutive; and
(f) Restriction to certain specified limits, with or without suspension from duty, for not more than sixty (60) days which need not be consecutive.
(4) 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:
(a) Upon officers in the officer’s command:
1. Any punishment authorized in paragraph (a), (b), (c), or (f) of subsection
(3) of this section; and
2. Arrest in quarters for not more than thirty (30) days which need not be consecutive;
(b) Upon enlisted members of the officer’s command, any punishment authorized in subsection (3) of this section.
(5) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot 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.
(6) Prior to the offer of non-judicial punishment, the commanding officer shall determine whether arrest in quarters, restriction, forfeiture, or fine shall be considered as punishments. Should the commanding officer determine that the punishment options may include arrest in quarters, restriction, forfeiture, or fine, the accused shall be notified of the right to demand a trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters, restriction, forfeiture, or fine, the accused shall be notified that there is no right to trial by courts-martial in lieu of non-judicial punishment.
(7) The officer who imposes 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. The officer also may mitigate:
(a) Reduction in grade to forfeiture of pay; (b) Arrest in quarters to restriction; or
(c) Extra duties to restriction.
The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.
(8) 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 fifteen (15) days after the punishment is either announced or sent to the accused, as the commander may determine. 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 subsection (7) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.
(9) The imposition and enforcement of disciplinary punishment under this section for any 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 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 amount of punishment to be adjudged in the event of a finding of guilty.
(10) Whenever a punishment of forfeiture of pay is imposed as provided in this section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.
(11) Regulations may prescribe the form of forfeiture of records to be kept of proceedings under this section and may prescribe that certain categories of those proceedings shall be in writing.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 75, sec. 2, effective July 15, 2016. — Amended
2013 Ky. Acts ch. 32, sec. 19, effective June 25, 2013. — Amended 1986 Ky. Acts ch. 239, sec. 5, effective July 15, 1986. — Amended 1974 Ky. Acts ch. 108, sec. 1. — Amended 1970 Ky. Acts ch. 56, sec. 10. — Created 1954 Ky. Acts ch. 99, sec. 13, effective July 1, 1954.