1. (1) Special courts-martial have jurisdiction to try a person subject to this code for an offense punishable under this code, except for conduct that constitutes an offense described in article 120 (a), 120 (b), 120b (a), or 120b (b) of the federal Uniform Code of Military Justice, 10 U.S.C. sec. 920 (a) and (b) and 10 U.S.C. sec. 920b (a) and (b).

2. (2) A special court-martial has the same powers of punishment as a general court-martial, including the authority to order a bad conduct discharge; except that:

   1. (a)

      1. (I) A special court-martial that does not consist of a military judge alone, as described in section 28-3.1-201 (2)(b)(I), shall not impose confinement for more than one hundred eighty days and shall not order a dismissal or dishonorable discharge; and
      2. (II) A special court-martial that consists of a military judge alone pursuant to section 28-3.1-201 (2)(b)(II) shall not impose confinement for more than ninety days and shall not order a dismissal or dishonorable discharge; and
   2. (b) The fine or forfeiture of pay and allowances imposed by a special court-martial must not be more than the maximum pay and allowances received for six unit training assemblies or six days of annual training, whichever is applicable according to duty status.
3. (3) Notwithstanding section 16-10-101, a special court-martial consisting of a judge alone has the authority to try cases and impose punishments as set forth in this section.

Source: L. 83: Entire article added, p. 1169, § 1, effective June 10. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 745, § 8, effective April 2. L. 2025: Entire section amended, (SB 25-279), ch. 411, p. 2336, § 7, 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.