1. (1) In the military forces general, special, and summary courts-martial shall be constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except as to punishment, of a similar court of the armed forces of the United States and shall follow the forms and procedures provided by those courts.

2. (2) The three kinds of courts-martial are:

   1. (a) General courts-martial, consisting of a military judge and not less than five members, or consisting of only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed only of a military judge and the military judge approves;

   2. (b) Special courts-martial, which are either of the following types:

      1. (I) A special court-martial consisting of a military judge and not less than three members. A special court-martial consisting of a military judge and not less than three members as described in this subsection (2)(b)(I) is subject to section 28-3.1-204 (2)(a)(I) and (2)(b) and any limitations prescribed in regulation.
      2. (II) A special court-martial consisting of only a military judge, if the accused so requests under the same conditions as those prescribed in subsection (2)(a) of this section or if the case is so referred by the convening authority. A special court-martial consisting of only a military judge as described in this subsection (2)(b)(II) is subject to section 28-3.1-204 (2)(a)(II) and (2)(b) and any limitations prescribed in regulation.
   3. (c) Summary courts-martial, consisting of one commissioned officer.

Source: L. 83: Entire article added, p. 1169, § 1, effective June 10. L. 2025: (2)(b) amended, (SB 25-279), ch. 411, p. 2336, § 5, 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.