ment. (1) (a) Punishment may be imposed for any offense cognizable by a court-martial upon any member of the state military forces under this section. The governor may, by regulation, prescribe limitations on the powers granted in this section with respect to:

1. (I) The kind and amount of punishment authorized, the suspension of punishment, and the levels of commanding officers and warrant officers exercising command authorized to exercise those powers; and
2. (II) The kinds of courts-martial to which a case may be referred upon a demand for a trial by court-martial by the accused member of the state military forces.
3. (b) Except in the case of the imposition of fines upon officers and warrant officers, punishment must not be imposed upon a member of the state military forces pursuant to this section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment.
4. (c) If authorized by regulations of the governor, a commanding officer who, pursuant to this code, is authorized to exercise general court-martial jurisdiction or an officer of general rank in command may delegate the officer's powers pursuant to this section to a principal assistant.

5. (2) Subject to subsection (1) of this section, a commanding officer may, in addition to or in lieu of admonition or punitive reprimand, impose one or more of the following disciplinary punishments without the intervention of a court-martial:

   1. (a) Upon a commissioned or warrant officer of the commanding officer's command:

      1. (I) Repealed.
      2. (II) Restriction to certain specified limits, with or without suspension from duty, for not more than two weeks, which need not be consecutive;
      3. (III) A fine or forfeiture of pay and allowances of not more than the amount of pay and allowances received for four unit training assemblies or four days of annual training, whichever is applicable according to duty status;
      4. (IV) An admonition;
      5. (V) A reprimand; or

      6. (VI) If imposed by a commanding officer who has the authority to exercise general court-martial jurisdiction or an officer of general or flag rank in command:

         1. (A) Arrest in quarters for not more than thirty consecutive days; or
         2. (B) Restriction to certain specified limits, with or without suspension from duty, for not more than thirty consecutive days;

   2. (b) Upon other military personnel of the commanding officer's command:

      1. (I) Repealed.
      2. (II) Restriction to certain specified limits, with or without suspension from duty, for not more than two weeks, which need not be consecutive;
      3. (III) Extra duties for not more than fourteen days, which need not be consecutive, and for not more than two hours per day, holidays included;
      4. (IV) Reduction in rank, as authorized by regulations adopted by the governor;
      5. (V) A fine or forfeiture of pay and allowances of not more than four unit training assemblies or four days of annual training, whichever is applicable according to duty status;
      6. (VI) An admonition; or
      7. (VII) A reprimand.
      8. (2.5) Repealed.
6. (3) The governor may, by regulation, place limitations on the powers granted by this section with respect to the kind and amount of punishment authorized and the levels of commanding officers and warrant officers exercising command authorized to exercise those powers.
7. (4) An officer in charge may, for minor offenses, impose on enlisted members assigned to the unit of which he or she is in charge, the punishments authorized to be imposed by commanding officers.
8. (4.4) Maximum allowable punishments, restrictions, and extra duties must not be combined to run consecutively.
9. (4.7) The officer who imposes the punishment pursuant to this section, 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.
10. (5) Except where punishment has been imposed by the governor, a person punished under this section who considers such 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 officer who imposes the punishment, his or her successor in command, and superior authority may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges, and property affected.
11. (6) 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 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.
12. (7) Whenever a punishment of forfeiture of pay and allowances is imposed under this section, the forfeiture may apply to pay or allowances accruing on and after the date that punishment is imposed and to pay and allowances accrued before that date.

Source: L. 83: Entire article added, p. 1167, § 1, effective June 10. L. 86: (1) and (2)(b)(V) amended, p. 1014, § 2, effective July 1. L. 91: (2)(b)(V) amended, p. 1377, § 2, effective April 1. L. 2002: (1), IP(2)(a), IP(2)(b), (2)(b)(IV), (4), and (5) amended, p. 605, § 68, effective May 24. L. 2018: (1), IP(2), (2)(a), (2)(b)(I), (2)(b)(II), (2)(b)(IV), (2)(b)(V), and (3) amended and (2.5), (4.4), and (4.7) added, (SB 18-135), ch. 95, p. 742, § 6, effective April 2. L. 2025: (1), IP(2), IP(2)(a), (2)(a)(III), (2)(a)(IV), (2)(a)(V), IP(2)(b), (2)(b)(IV), (2)(b)(V), (4.4), and (4.7) amended, (2)(a)(I), (2)(b)(I), and (2.5) repealed, and (2)(a)(VI), (2)(b)(VI), and (2)(b)(VII) added, (SB 25-279), ch. 411, p. 2333, § 4, effective September 1.

Editor's note: Section 18(2) of chapter 411 (SB 25-279), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after September 1, 2025.