AB400,97,11
8(2) Convening authorities shall at all times communicate directly with their
9judge advocates in matters relating to the administration of military justice. The
10judge advocate of any command is entitled to communicate directly with the judge
11advocate of a superior or subordinate command, or with the state judge advocate.
AB400,97,14
12(3) No person who has acted as member, military judge, trial counsel, defense
13counsel, or investigating officer, or who has been a witness, in any case may later act
14as a judge advocate to any reviewing authority upon the same case.
AB400,97,1615
SUBCHAPTER II
16
APPREHENSION AND RESTRAINT
AB400,97,18
17322.007 Article 7—Apprehension.
(1) In this section, "apprehension"
18means the taking of a person into custody.
AB400,97,24
19(2) Any person authorized by this code or by the Uniform Code of Military
20Justice, or by regulations issued under either, to apprehend persons subject to this
21code, any marshal of a court-martial appointed subject to the provisions of this code,
22and any peace officer or civil officer having authority to apprehend offenders under
23the laws of the United States or of a state, may do so upon probable cause that an
24offense has been committed and that the person apprehended committed it.
AB400,98,3
1(3) Commissioned officers, warrant officers, petty officers, and
2noncommissioned officers have authority to quell quarrels, frays, and disorders
3among persons subject to this code and to apprehend persons subject to this code.
AB400,98,6
4(4) If an offender is apprehended outside the state, the offender's return to the
5state must be in accordance with normal extradition procedures or by reciprocal
6agreement.
AB400,98,11
7(5) No person authorized by this section to apprehend persons subject to this
8code or the place where an offender is confined, restrained, held, or otherwise housed
9may require payment of any fee or charge for so receiving, apprehending, confining,
10restraining, holding, or otherwise housing a person except as otherwise provided by
11law.
AB400,98,12
12322.009 Article 9—Imposition of restraint. (1) In this section:
AB400,98,1513
(a) "Arrest" means the restraint of a person by an order, not imposed as a
14punishment for an offense, directing him or her to remain within certain specified
15limits.
AB400,98,1616
(b) "Confinement" means the physical restraint of a person.
AB400,98,22
17(2) An enlisted member may be ordered into arrest or confinement by any
18commissioned officer by an order, oral or written, delivered in person or through
19other persons subject to this code. A commanding officer may authorize warrant
20officers, petty officers, or noncommissioned officers to order enlisted members of the
21commanding officer's command or subject to the commanding officer's authority into
22arrest or confinement.
AB400,99,2
23(3) A commissioned officer, a warrant officer, or a civilian subject to this code
24or to trial there under may be ordered into arrest or confinement only by a
25commanding officer to whose authority the person is subject, by an order, oral or
1written, delivered in person or by another commissioned officer. The authority to
2order persons into arrest or confinement may not be delegated.
AB400,99,4
3(4) No person may be ordered into arrest or confinement except for probable
4cause.
AB400,99,7
5(5) This section does not limit the authority of persons authorized to apprehend
6offenders to secure the custody of an alleged offender until proper authority may be
7notified.
AB400,99,14
8322.010 Article 10—Restraint of persons charged with offenses. Any
9person subject to this code charged with an offense under this code may be ordered
10into arrest or confinement, as circumstances may require. When any person subject
11to this code is placed in arrest or confinement prior to trial, immediate steps shall be
12taken to inform the person of the specific wrong of which the person is accused and
13diligent steps shall be taken to try the person or to dismiss the charges and release
14the person.
AB400,99,17
15322.011 Article 11—Place of confinement; reports and receiving of
16prisoners. (1) If a person subject to this code is confined before, during, or after
17trial, he or she shall be in a civilian or military confinement.
AB400,99,22
18(2) No sheriff or other person authorized to receive prisoners subject to sub. (1)
19may refuse to receive or keep any prisoner committed to the person's charge by a
20commissioned officer of the state military forces, when the committing officer
21furnishes a statement, signed by the officer, of the offense charged against the
22prisoner, unless otherwise authorized by law.
AB400,99,25
23(3) Every person authorized to receive prisoners subject to sub. (1) to whose
24charge a prisoner is committed shall, within 24 hours after that commitment or as
25soon as the person is released from guard, report to the commanding officer of the
1prisoner the name of the prisoner, the offense charged against the prisoner, and the
2name of the person who ordered or authorized the commitment.
AB400,100,6
3322.012 Article 12—Confinement with enemy prisoners prohibited. No
4member of a state military force may be placed in confinement in immediate physical
5association with enemy prisoners or other foreign nationals not members of the
6armed forces.
AB400,100,13
7322.013 Article 13—Punishment prohibited before trial. No person,
8while being held for trial or awaiting a verdict, may be subjected to punishment or
9penalty other than arrest or confinement upon the charges pending against the
10person, nor shall the arrest or confinement imposed upon the person be any more
11rigorous than the circumstances required to insure the person's presence, but the
12person may be subjected to minor punishment during that period for infractions of
13discipline.
AB400,100,16
14322.014 Article 14—Delivery of offenders to civil authorities. (1) A
15person subject to this code accused of an offense under this code or under the state's
16civilian penal statute may be delivered to the civil authority for trial or confinement.
AB400,100,22
17(2) When delivery under this section is made to any civil authority of a person
18undergoing sentence of a court-martial, the delivery, if followed by conviction in a
19civil tribunal, interrupts the execution of the sentence of the court-martial, and the
20offender after having answered to the civil authorities for the offense shall, upon the
21request of competent military authority, be returned to the place of original custody
22for the completion of the person's sentence.
AB400,100,2423
SUBCHAPTER III
24
NONJUDICIAL PUNISHMENT
AB400,101,6
1322.015 Article 15—Commanding officer's nonjudicial punishment. (1) 2Under regulations as prescribed, any commanding officer, and for purposes of this
3section, officers-in-charge, may impose disciplinary punishments for minor offenses
4without the intervention of a court-martial. The governor, the adjutant general, or
5an officer of a general or flag rank in command may delegate the powers under this
6section to a principal assistant who is a member of a state military force.
AB400,101,8
7(2) Any commanding officer may impose any of the following upon enlisted
8members of the officer's command:
AB400,101,99
(a) Admonition.
AB400,101,1010
(b) Reprimand.
AB400,101,1211
(c) Withholding of privileges for not more than 6 months, which need not be
12consecutive.
AB400,101,1313
(d) Forfeiture of not more than 7 days' pay.
AB400,101,1414
(e) Fine of not more than 7 days' pay.
AB400,101,1715
(f) Reduction to the next inferior pay grade, if the grade from which demoted
16is within the promotion authority of the officer imposing the reduction or any officer
17subordinate to the one who imposes the reduction.
AB400,101,1918
(g) Extra duties, including fatigue or other duties, for not more than 14 days,
19which need not be consecutive.
AB400,101,2120
(h) Restriction to certain specified limits, with or without suspension from duty,
21for not more than 14 days, which need not be consecutive.
AB400,101,24
22(3) Any commanding officer of the grade of major or lieutenant commander, or
23above may impose any of the following upon enlisted members of the officer's
24command:
AB400,101,2525
(a) Any punishment authorized in sub. (2) (a), (b), and (c).
AB400,102,2
1(b) Forfeiture of not more than one-half of one month's pay per month for 2
2months.
AB400,102,33
(c) Fine of not more than one month's pay.
AB400,102,84
(d) Reduction to the lowest or any intermediate pay grade, if the grade from
5which demoted is within the promotion authority of the officer imposing the
6reduction or any officer subordinate to the one who imposes the reduction, but an
7enlisted member in a pay grade above E-4 may not be reduced more than 2 pay
8grades.
AB400,102,109
(e) Extra duties, including fatigue or other duties, for not more than 45 days,
10which need not be consecutive.
AB400,102,1211
(f) Restriction to certain specified limits, with or without suspension from duty,
12for not more than 60 days, which need not be consecutive.
AB400,102,15
13(4) The governor, the adjutant general, an officer exercising general
14court-martial convening authority, or an officer of a general or flag rank in command
15may impose any of the following penalties:
AB400,102,1816
(a) Upon officers of the officer's command, any punishment authorized in sub.
17(3) (a), (b), (c), and (f) and arrest in quarters for not more than 30 days, which need
18not be consecutive.
AB400,102,2019
(b) Upon enlisted members of the officer's command, any punishment
20authorized in sub. (3).
AB400,102,25
21(5) Whenever any of the punishments under this section are combined to run
22consecutively, the total length of the combined punishment cannot exceed the
23authorized duration of the longest punishment in the combination, and there must
24be an apportionment of punishments so that no single punishment in the
25combination exceeds its authorized length under this section.
AB400,103,3
1(6) The service member shall have the right to demand trial by court-martial
2in lieu of nonjudicial punishment, and shall have the right to consult with a judge
3advocate.
AB400,103,7
4(7) The officer who imposes the punishment, or the successor in command, may,
5at any time, suspend, set aside, mitigate, or remit any part or amount of the
6punishment and restore all rights, privileges, and property affected. The officer also
7may do any of the following:
AB400,103,88
(a) Mitigate reduction in grade to forfeiture of pay.
AB400,103,99
(b) Mitigate arrest in quarters to restriction.
AB400,103,1010
(c) Mitigate extra duties to restriction.
AB400,103,15
11(8) The mitigated punishment shall not be for a greater period than the
12punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the
13amount of the forfeiture shall not be greater than the amount that could have been
14imposed initially under this section by the officer who imposed the punishment
15mitigated.
AB400,103,25
16(9) A person punished under this section who considers the punishment unjust
17or disproportionate to the offense may, through the proper channel, appeal to the
18next superior authority within 15 days after the punishment is either announced or
19sent to the accused, as the commander may determine. The appeal shall be promptly
20forwarded and decided, but the person punished may in the meantime be required
21to undergo the punishment adjudged. The superior authority may exercise the same
22powers with respect to the punishment imposed as may be exercised under sub. (7)
23by the officer who imposed the punishment. Before acting on an appeal from a
24punishment, the authority that is to act on the appeal may refer the case to a judge
25advocate for consideration and advice.
AB400,104,7
1(10) The imposition and enforcement of disciplinary punishment under this
2section for any act or omission is not a bar to trial by court-martial or a civilian court
3of competent jurisdiction for a serious crime or offense growing out of the same act
4or omission and not properly punishable under this section; but the fact that a
5disciplinary punishment has been enforced may be shown by the accused upon trial
6and, when so shown, it shall be considered in determining the measure of
7punishment to be adjudged in the event of a finding of guilty.
AB400,104,10
8(11) Whenever a punishment of forfeiture of pay is imposed under this section,
9the forfeiture may apply to pay accruing before, on, or after the date that punishment
10is imposed.
AB400,104,13
11(12) Regulations may prescribe the form of records to be kept of proceedings
12under this section and may prescribe that certain categories of those proceedings
13shall be in writing.
AB400,104,1514
SUBCHAPTER IV
15
COURT-MARTIAL JURISDICTION
AB400,104,17
16322.016 Article 16—Courts-martial classified. The 3 kinds of
17courts-martial in the state military forces are as follows:
AB400,104,18
18(1) General courts-martial, consisting of any of the following:
AB400,104,1919
(a) A military judge and not less than 5 members.
AB400,104,2320
(b) Only a military judge, if before the court is assembled the accused, knowing
21the identity of the military judge and after consultation with defense counsel,
22requests orally on the record or in writing a court composed only of a military judge
23and the military judge approves.
AB400,104,24
24(2) Special courts-martial, consisting of any of the following:
AB400,105,3
1(a) A military judge and not less than 3 members. An accused may waive
2having 12 members and proceed to a special court-martial with not less than 6
3members.
AB400,105,54
(b) Only a military judge, if one has been detailed to the court, and the accused
5under the same conditions as those prescribed in sub. (1) (b) so requests.
AB400,105,6
6(3) Summary courts-martial, consisting of one commissioned officer.
AB400,105,11
7322.017 Article 17—Jurisdiction of courts-martial in general. Each
8component of the state military forces has court-martial jurisdiction over all
9members of the particular component who are subject to this code. Additionally, the
10state military forces have court-martial jurisdiction over all members subject to this
11code.
AB400,105,15
12322.018 Article 18—Jurisdiction of general courts-martial. Subject to
13s. 322.017, general courts-martial have jurisdiction to try persons subject to this
14code for any offense made punishable by this code, and may, under limitations as the
15governor may prescribe, adjudge any punishment not forbidden by this code.
AB400,105,21
16322.019 Article 19—Jurisdiction of special courts-martial. Subject to s.
17322.017, special courts-martial have jurisdiction to try persons subject to this code
18for any offense made punishable by this code, and may, under limitations as the
19governor may prescribe, adjudge any punishment not forbidden by this code except
20dishonorable discharge, dismissal, confinement for more than one year, forfeiture of
21pay exceeding two-thirds pay per month, or forfeiture of pay for more than one year.
AB400,106,2
22322.020 Article 20—Jurisdiction of summary courts-martial. (1) 23Subject to s. 322.017, summary courts-martial have jurisdiction to try persons
24subject to this code, except officers, cadets, candidates, and midshipmen, for any
1offense made punishable by this code under limitations as the governor may
2prescribe.
AB400,106,11
3(2) No person with respect to whom summary courts-martial have jurisdiction
4may be brought to trial before a summary court-martial if that person objects. If
5objection to trial by summary court-martial is made by an accused, trial by special
6or general court-martial may be ordered, as may be appropriate. Summary
7courts-martial may, under limitations as the governor may prescribe, adjudge any
8punishment not forbidden by this code except dismissal, dishonorable or
9bad-conduct discharge, confinement for more than one month, restriction to
10specified limits for more than 2 months, or forfeiture of more than two-thirds of one
11month's pay.
AB400,106,1412
SUBCHAPTER V
13
APPOINTMENT AND COMPOSITION
14
OF COURTS-MARTIAL
AB400,106,16
15322.022 Article 22—Who may convene general courts-martial. (1) 16General courts-martial may be convened by any of the following:
AB400,106,1717
(a) The governor.
AB400,106,1818
(b) The adjutant general.
AB400,106,1919
(c) The commanding general officer of any force of the state military forces.
AB400,106,2020
(d) The commanding officer of a division or a separate brigade.
AB400,106,2121
(e) The commanding officer of a separate wing.
AB400,106,24
22(2) If any commanding officer is an accuser, the court shall be convened by
23superior competent authority and may in any case be convened by a superior
24authority if considered desirable by the authority.
AB400,107,2
1322.023 Article 23—Who may convene special courts-martial. (1) 2Special courts-martial may be convened by any of the following:
AB400,107,33
(a) Any person who may convene a general court-martial.
AB400,107,54
(b) The commanding officer of a garrison, fort, post, camp, station, air national
5guard base, or naval base or station.
AB400,107,76
(c) The commanding officer of a brigade, regiment, detached battalion, or
7corresponding unit of the army national guard.
AB400,107,98
(d) The commanding officer of a wing, group, separate squadron, or
9corresponding unit of the air national guard.
AB400,107,1110
(e) The commanding officer or officer in charge of any other command when
11empowered by the adjutant general.
AB400,107,14
12(2) If the officer is an accuser, the court shall be convened by superior
13competent authority and may in any case be convened by a superior authority if
14considered desirable by the superior competent authority.
AB400,107,16
15322.024 Article 24—Who may convene summary courts-martial. (1) 16Summary courts-martial may be convened by any of the following:
AB400,107,1717
(a) Any person who may convene a general or special court-martial.
AB400,107,1918
(b) The commanding officer of a detached company or other detachment, or
19corresponding unit of the army national guard.
AB400,107,2120
(c) The commanding officer of a detached squadron or other detachment, or
21corresponding unit of the air national guard.
AB400,107,2322
(d) The commanding officer or officer in charge of any other command when
23empowered by the adjutant general.