Colo. Rev. Stat. § 28-3.1-205
Jurisdiction of summary courts-martial.
Effective Sep 1, 2025L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 2002: (2) and (3) amended, p. 606, § 69, effective May 24. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 745, § 9, effective April 2. L. 2025: (1) amended, (SB 25-279), ch. 411, p. 2337, § 8, effective September 1.
(1)
- (a) Summary courts-martial have jurisdiction to try a person subject to this code, except commissioned officers, warrant officers, cadets, candidates, and a person who objects to trial by summary court-martial as described in subsection (1)(b) of this section, for any offense made 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).
- (b) An accused person may object to trial by a summary court-martial. If an accused person objects, a summary court-martial shall not try the person and the convening authority, or officer to whom the case is referred by the convening authority, shall order the accused tried by a general court-martial or special court-martial, as appropriate.
- (2) and (3) (Deleted by amendment, L. 2018.)
(4) A summary court-martial may adjudge any of the following punishments:
- (a) Confinement for not more than thirty days;
- (b) A fine of any amount up to the maximum pay received for four unit training assemblies or four days of annual training, whichever is applicable according to duty status;
- (c) Forfeiture of pay and allowances of any amount up to the maximum pay received for four unit training assemblies or four days of annual training, whichever is applicable according to duty status;
- (d) Reduction of an enlisted person to any inferior grade; or
- (e) Any combination of these punishments.
Source: L. 83: Entire article added, p. 1170, § 1, effective June 10. L. 2002: (2) and (3) amended, p. 606, § 69, effective May 24. L. 2018: Entire section amended, (SB 18-135), ch. 95, p. 745, § 9, effective April 2. L. 2025: (1) amended, (SB 25-279), ch. 411, p. 2337, § 8, 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.