00 SENATE BILL NO. 59 01 "An Act relating to a code of military justice; relating to military offenses and penalties 02 for military offenses; relating to the jurisdiction of the court of appeals; relating to 03 appeals of convictions and sentences of courts-martial; relating to the procedures for 04 persons subject to court-martial proceedings; relating to involuntary commitment for 05 evaluation or treatment of a mental disease or defect before court-martial proceedings; 06 and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08  * Section 1. AS 22.07.020 is amended by adding a new subsection to read: 09 (h) The court of appeals has appellate jurisdiction in actions and proceedings 10 commenced in a military court for which a sentence of confinement is imposed and a 11 right to appeal is granted under AS 26.05.628. 12  * Sec. 2. AS 26.05.140(a) is amended to read: 13 (a) Members of the militia ordered into active service for the state by order of 01 the governor are not liable civilly [OR CRIMINALLY] for any act done by them in 02 their official capacity while in this such service. If a suit is commenced in a court 03 against an officer or enlisted person of the militia as a result of an act done by the 04 officer or enlisted person in an official capacity while in active service, the defendant 05 may require the person instituting the suit to give security for the payment of costs. If 06 judgment is for the defendant, treble costs shall be assessed against the plaintiff. The 07 defendant in the action shall be defended by the attorney general at the expense of the 08 state but the defendant may employ private counsel. Nothing in this subsection  09 applies to a proceeding or action brought under this chapter.  10  * Sec. 3. AS 26.05.228(b) is amended to read: 11 (b) All income of the fund and all disbursements made by the fund shall be 12 credited or charged, whichever is appropriate, to the following accounts: 13 (1) an individual account for each retired member of the system that 14 records the benefits paid under this system to the member or surviving beneficiary; 15 (2) a separate account for the Department of Military and Veterans' 16 Affairs' contribution to fund the system based on the actuarial requirements of the 17 system as established by the commissioner of administration under AS 26.05.222 -  18 26.05.229 [THIS CHAPTER]; 19 (3) an expense account for the system; this account is charged with all 20 disbursements representing administrative expenses incurred by the system; 21 expenditures from this account are included in the governor's budget for each fiscal 22 year. 23  * Sec. 4. AS 26.05 is amended by adding new sections to read: 24 Article 2. Code of Military Justice.  25 Sec. 26.05.400. Statement of policy on military justice. An offense, other 26 than a military offense, committed by a member of the militia, organized or 27 unorganized, shall be tried in a civil court and prosecuted by a civil authority. This 28 policy shall be executed and carried into effect at all times and applies to active state 29 service of the militia. 30 Sec. 26.05.403. Persons subject to military courts; jurisdiction. (a) This 31 chapter applies to a member of the militia in active state service who is accused of or 01 charged with an act or omission of a military offense. 02 (b) Courts-martial have exclusive jurisdiction over military offenses as 03 defined in AS 26.05.990. Civilian courts established under state or federal law have 04 jurisdiction over offenses that are not military offenses when an act or omission 05 violates both local criminal law and a provision of this chapter. 06 Sec. 26.05.405. Jurisdiction to try certain personnel. (a) A person 07 discharged from the militia of the state who is later charged with having fraudulently 08 obtained a discharge is subject to trial by court-martial on that charge and is, after 09 apprehension, subject to this chapter while in custody under the direction of the militia 10 of the state for the trial. Upon conviction of the charge, the person is subject to trial by 11 court-martial for all military offenses committed before the fraudulent discharge. 12 (b) A person who has deserted from the militia of the state may not be relieved 13 from amenability to jurisdiction under this chapter by virtue of a separation from a 14 later period of service. 15 Sec. 26.05.408. Territorial applicability of this chapter. (a) This chapter 16 applies to a member of the militia accused of or charged with a military offense that is 17 committed outside the state if the member is in active state service under this chapter 18 and is serving outside the state at the time the military offense is committed. 19 (b) Courts-martial and courts of inquiry may be convened and held in units of 20 the militia of the state while those units are serving outside the state with the same 21 jurisdiction and powers granted under this chapter as if the proceedings were held 22 inside the state. Military offenses committed outside the state may be tried and 23 punished either inside or outside the state. 24 Sec. 26.05.410. Judge advocates. (a) The senior force judge advocate of each 25 force of militia of the state, or the delegate of the senior force judge advocate, shall 26 make frequent inspections in the field in supervision of the administration of military 27 justice in the force. 28 (b) A convening authority shall communicate directly with the authority's 29 judge advocates in matters relating to the administration of military justice. The judge 30 advocate of a command is entitled to communicate directly with the judge advocate of 31 a superior or subordinate command or with the State Judge Advocate. 01 (c) A person who has acted as member, military judge, trial counsel, defense 02 counsel, or investigating officer, or who has been a witness in a case may not later act 03 as a judge advocate to an authority reviewing the same case. 04 (d) A person may not serve as a judge advocate under this chapter unless the 05 person is a commissioned officer of the organized militia of the state, is a member in 06 good standing of the bar of the highest court of a state, and is 07 (1) certified or designated as a judge advocate in the Judge Advocate 08 General's Corps of the United States Army, Air Force, Navy, or the Marine Corps or 09 designated as a law specialist as an officer of the United States Coast Guard, or a 10 reserve component of one of them; or 11 (2) certified as a non-federally recognized judge advocate, under rules 12 adopted under AS 26.05.520, by the senior judge advocate of the commander of the 13 force in the component of the militia of the state of which the accused is a member, as 14 competent to perform the military justice duties required by this chapter; if a judge 15 advocate is not available, the certification may be made by the senior judge advocate 16 of the commander of another force in the militia of the state, as the convening 17 authority directs. 18 Sec. 26.05.420. Apprehension. (a) A member of the militia or a person 19 authorized under 10 U.S.C. 801 - 946 or this chapter to apprehend persons subject to 20 this chapter, a marshal of a court-martial, and a peace officer or civil officer having 21 authority to apprehend offenders under the laws of the United States or of a state may 22 apprehend a person subject to this chapter upon probable cause that a military offense 23 has been committed and that the person apprehended committed the military offense. 24 (b) Commissioned officers, warrant officers, petty officers, and 25 noncommissioned officers have authority to suppress disorder or mutual combat 26 among members of the militia in active state service and to apprehend a person who 27 participates in the disorder or mutual combat. 28 (c) If an offender is apprehended outside the state, the offender's return to the 29 area must be in accordance with applicable extradition procedures or by reciprocal 30 agreement. 31 (d) A person authorized by this section to apprehend, restrain, or confine 01 persons subject to this chapter may not require payment of a fee for apprehending, 02 restraining, or confining a person except as otherwise provided by law. 03 Sec. 26.05.423. Imposition of restraint. (a) An enlisted member of the militia 04 in active state service may be arrested or confined by an oral or written order issued by 05 a commissioned officer or another member of the militia of the state acting at the 06 commissioned officer's direction. A commanding officer may authorize warrant 07 officers, petty officers, or noncommissioned officers to order enlisted members of the 08 commanding officer's command or subject to the commanding officer's authority into 09 arrest or confinement. 10 (b) A commissioned officer, warrant officer, or civilian subject to this chapter 11 may be arrested or confined only by a commanding officer who has authority over the 12 commissioned officer, warrant officer, or civilian. The commanding officer shall 13 deliver the order orally or in writing, in person or by another commissioned officer. A 14 commanding officer may not delegate the authority granted in this subsection. 15 (c) A person may not be arrested or confined unless the officer issuing the 16 order for arrest or confinement has probable cause to believe that a military offense 17 has been committed and that the person has committed the military offense. 18 (d) This section does not limit the authority of persons authorized to 19 apprehend offenders to secure the custody of an alleged offender until proper authority 20 may be notified. 21 Sec. 26.05.425. Restraint of persons charged with offenses. A person 22 charged with a military offense may be arrested or confined as circumstances may 23 require. A person arrested or confined before trial is entitled to prompt notice of the 24 military offense of which the person is accused. 25 Sec. 26.05.428. Place of confinement; reports and receiving of prisoners.  26 (a) A person confined as a prisoner under this chapter shall be confined in a civilian or 27 military confinement facility. 28 (b) Unless otherwise authorized by law, a person authorized to receive a 29 prisoner under (a) of this section may not refuse to receive or keep the prisoner 30 committed to the person's charge by a commissioned officer of the militia of the state 31 if the officer furnishes the person with a statement signed by the officer identifying the 01 military offense charged against the prisoner. 02 (c) A person authorized to receive a prisoner under (a) of this section shall, 03 within 24 hours after receiving the statement of commitment under (b) of this section, 04 or as soon as the person is relieved from guard, report to the commanding officer of 05 the prisoner the name of the prisoner, the military offense charged against the prisoner, 06 and the name of the person who ordered or authorized the commitment. 07 Sec. 26.05.430. Confinement with enemy prisoners prohibited. A member 08 of the militia of the state may not be placed in confinement in immediate association 09 with enemy prisoners or foreign nationals who are not members of the armed forces. 10 Sec. 26.05.433. Punishment prohibited before trial. A person held for trial 11 or awaiting a verdict may not be subjected to punishment or penalty other than arrest 12 or confinement on the charges pending against the person, and the conditions of arrest 13 or confinement may not be more rigorous than those required to ensure the person's 14 presence, except that the person is subject to discipline for infractions of the rules of 15 the facility in which the person is confined. 16 Sec. 26.05.435. Delivery of offenders to a civil authority. (a) A person 17 accused of a criminal offense against a civil authority may be delivered, upon request, 18 to a civil authority for trial or confinement. 19 (b) When a sentence imposed in a court-martial proceeding under this chapter 20 is interrupted by the delivery of the offender to a civil authority under this section and 21 the offender is subsequently convicted and sentenced by the civil authority, competent 22 military authority shall request the civil authority to return the offender to the custody 23 of the military authority for completion of the sentence imposed by court-martial. 24 (c) The adjutant general, with the approval of the governor, may enter into an 25 agreement with a civil authority to ensure the return of an offender under this section. 26 Sec. 26.05.440. Commanding officer's nonjudicial punishment. (a) Under 27 the rules of procedure adopted under AS 26.05.520, a commanding officer or an 28 officer-in-charge may impose a disciplinary punishment for a minor military offense 29 without convening a court-martial. The governor, the adjutant general, or an officer of 30 a general or flag rank in command may delegate the power to impose nonjudicial 31 punishment under this section to a principal assistant who is a member of the militia of 01 the state. 02 (b) A commanding officer may impose the following disciplinary punishment 03 on an enlisted member of the officer's command: 04 (1) an admonition; 05 (2) a reprimand; 06 (3) the withholding of privileges for not more than six months; the six 07 months need not be consecutive; 08 (4) the forfeiture of not more than seven days' pay; 09 (5) a fine of not more than seven days' pay; 10 (6) a reduction to the next inferior pay grade, if the grade from which 11 the enlisted member is demoted is within the promotion authority of the officer 12 imposing the reduction or of an officer subordinate to the officer who imposes the 13 reduction; 14 (7) assignment of extra duties, including fatigue or other duties, for not 15 more than 14 days; the 14 days need not be consecutive; and 16 (8) restriction to base or ship, or from specific activities, with or 17 without suspension from active state service, for not more than 14 days; the 14 days 18 need not be consecutive. 19 (c) A commanding officer of the grade of major or lieutenant commander or 20 above may impose on an enlisted member of the officer's command 21 (1) a punishment authorized in (b)(1) - (3) of this section; 22 (2) the forfeiture of not more than one-half of one month's pay for each 23 month for two months; 24 (3) a fine of not more than one month's pay; 25 (4) a reduction to the lowest or any intermediate pay grade if the grade 26 from which the enlisted member is demoted is within the promotion authority of the 27 officer imposing the reduction or of an officer subordinate to the officer imposing the 28 reduction; but an enlisted member in a pay grade above E-4 may not be reduced more 29 than two pay grades; 30 (5) extra duties, including fatigue or other duties, for not more than 45 31 days; the 45 days need not be consecutive; and 01 (6) restriction to base or ship, or from specific activities, with or 02 without suspension from active state service, for not more than 60 days; the 60 days 03 need not be consecutive. 04 (d) The governor, the adjutant general, an officer exercising general court- 05 martial convening authority, or an officer of a general or flag rank in command may 06 impose 07 (1) on an officer of the officer's command 08 (A) a punishment authorized in (c)(1) - (3) and (6) of this 09 section; and 10 (B) arrest in quarters for not more than 30 days; the 30 days 11 need not be consecutive; 12 (2) on an enlisted member of the officer's command, a punishment 13 authorized in (c) of this section. 14 (e) Whenever multiple punishments are combined to run consecutively, the 15 total length of the combined punishment may not exceed the authorized duration of the 16 longest punishment in the combination; the punishments must be apportioned so that 17 no single punishment in the combination exceeds its authorized length under this 18 subsection. 19 (f) Before offering nonjudicial punishment, a commanding officer shall 20 determine whether a restriction or arrest to quarters will be considered as a punishment 21 under this section. If the commanding officer determines that a punishment may 22 include a restriction or arrest in quarters, the commanding officer shall notify the 23 accused of the right to demand trial by court-martial. If the commanding officer 24 determines that a punishment will not include a restriction or arrest to quarters, the 25 commanding officer shall notify the accused that the accused is not entitled to a trial 26 by court-martial in lieu of nonjudicial punishment. 27 (g) The officer who imposes the punishment, or the officer's successor in 28 command, may, at any time, suspend, set aside, mitigate, or remit any part or amount 29 of the punishment and restore all affected rights, privileges, and property. The officer 30 may also 31 (1) mitigate reduction in grade to forfeiture of pay; 01 (2) mitigate arrest in quarters to restriction; or 02 (3) mitigate extra duties to restriction. 03 (h) A punishment mitigated under (g) of this section may not be for a longer 04 period than the original punishment. 05 (i) The amount of a reduction in grade or forfeiture of pay mitigated under (g) 06 of this section may not be not be greater than the amount that might originally have 07 been imposed under this section by the officer who imposed it. 08 (j) A person punished under this section who believes that the punishment is 09 unjust or disproportionate to the military offense may appeal the punishment to the 10 next superior authority within 15 days after the punishment is imposed. The appeal 11 shall be promptly forwarded and decided, but the person punished may, in the 12 meantime, be required to undergo the punishment adjudged. The superior authority 13 may exercise the same powers with respect to the punishment imposed as may be 14 exercised under (g) of this section by the officer who imposed the punishment. Before 15 acting on an appeal from a punishment, the authority that is to act on the appeal may 16 refer the case to a judge advocate for consideration and advice. 17 (k) The imposition and enforcement of disciplinary punishment under this 18 section for an act or omission is not a bar to trial by court-martial for a serious crime 19 or military offense arising out of the same act or omission and not properly punishable 20 under this section, but, if the person accused of the crime or military offense is 21 convicted, the court-martial shall consider the disciplinary punishment in imposing 22 sentence. 23 (l) If a punishment of forfeiture of pay is imposed under this section, the 24 forfeiture may apply to pay accruing before, on, or after the date the punishment is 25 imposed. 26 (m) The form of records to be kept of proceedings under this section shall be 27 prescribed in rules of procedure adopted under AS 26.05.520. The rules may require 28 that certain categories of the proceedings be in writing. 29 Sec. 26.05.450. Courts-martial classified. The military courts for the militia 30 of the state are 31 (1) a general court-martial, consisting of 01 (A) a military judge and not fewer than five members; or 02 (B) only a military judge, if, before the court is assembled, the 03 accused, knowing the identity of the military judge and after consultation with 04 defense counsel, requests orally on the record or in writing a court composed 05 of only a military judge and the military judge approves; 06 (2) a special court-martial, consisting of 07 (A) a military judge and not fewer than three members; or 08 (B) only a military judge, if one has been detailed to the court, 09 and the accused so requests under the conditions prescribed in (1)(B) of this 10 section; and 11 (3) a summary court-martial, consisting of one commissioned officer. 12 Sec. 26.05.453. Jurisdiction of courts-martial in general. Each force of the 13 militia of the state in active military service has court-martial jurisdiction over all 14 members of the militia in active state service. The exercise of jurisdiction by one force 15 over personnel of another force must be in accordance with the rules of procedure 16 adopted under AS 26.05.520. 17 Sec. 26.05.455. Jurisdiction of a general court-martial. Subject to 18 AS 26.05.453, a general court-martial has jurisdiction to try a member of the militia in 19 active state service for a military offense and may adjudge a punishment not forbidden 20 by this chapter. 21 Sec. 26.05.458. Jurisdiction of a special court-martial. Subject to 22 AS 26.05.453, a special court-martial has jurisdiction to try a member of the militia in 23 active state service for a military offense and may adjudge a punishment not forbidden 24 by this chapter, except dishonorable discharge, dismissal, confinement for more than 25 one year, forfeiture of pay exceeding two­thirds pay a month, or forfeiture of pay for 26 more than one year. 27 Sec. 26.05.460. Jurisdiction of a summary court-martial. (a) Subject to 28 AS 26.05.453, a summary court-martial has jurisdiction to try a member of the militia 29 in active state service except officers, cadets, candidates, and midshipmen, for a 30 military offense. 31 (b) A person over whom a summary court-martial has jurisdiction may not be 01 brought to trial before a summary court-martial if the person objects. 02 (c) If a person accused of a military offense objects to a summary court- 03 martial under (b) of this section, the person may be ordered tried by special or general 04 court-martial, as appropriate. 05 (d) A summary court-martial may, under the limitations as the governor may 06 prescribe, adjudge a punishment not forbidden by this chapter, except dismissal, 07 dishonorable or bad-conduct discharge, confinement for more than one month, 08 restriction to specified limits for more than two months, or forfeiture of more than 09 two-thirds of one month's pay. 10 Sec. 26.05.470. Who may convene a general court-martial. (a) A general 11 court-martial may be convened by 12 (1) the governor; 13 (2) the adjutant general; 14 (3) the commanding officer of a force of the militia of the state; 15 (4) the commanding officer of a division or a separate brigade; 16 (5) the commanding officer of a separate wing. 17 (b) If a commanding officer who is authorized to convene a general court- 18 martial is the accuser in a matter, the court hearing the matter shall be convened by 19 superior competent authority. 20 (c) A superior authority may convene a case if the superior authority considers 21 it desirable. 22 Sec. 26.05.473. Who may convene a special court-martial. (a) A special 23 court-martial may be convened by 24 (1) a person who may convene a general court-martial; 25 (2) the commanding officer of a garrison, fort, post, camp, station, Air 26 National Guard base, or naval base or station; 27 (3) the commanding officer of a brigade, regiment, detached battalion, 28 or corresponding unit of the United States Army; 29 (4) the commanding officer of a wing, group, separate squadron, or 30 corresponding unit of the United States Air Force; or 31 (5) a commanding officer or officer in charge of any other command 01 when empowered to do so by the adjutant general. 02 (b) If an officer who is authorized to convene a special court-martial is the 03 accuser in the matter, the court hearing the matter shall be convened by superior 04 competent authority. 05 (c) A superior authority may convene a case if the superior authority considers 06 it desirable. 07 Sec. 26.05.475. Who may convene a summary court-martial. (a) A 08 summary court-martial may be convened by 09 (1) a person who may convene a general or special court-martial; 10 (2) the commanding officer of a detached company or other 11 detachment or the commanding officer of a corresponding unit of the United States 12 Army; 13 (3) the commanding officer of a detached squadron or other 14 detachment or the commanding officer of a corresponding unit of the United States 15 Air Force; or 16 (4) the commanding officer or officer in charge of any other command 17 when empowered to do so by the adjutant general. 18 (b) If only one commissioned officer is present with a command or 19 detachment, that officer shall be the summary court-martial of that command or 20 detachment and shall hear and determine all summary court-martial cases. 21 (c) A superior competent authority may convene a summary court-martial if 22 the superior authority considers it desirable. 23 Sec. 26.05.478. Who may serve on courts-martial. (a) A commissioned 24 officer of the militia of the state is eligible to serve on a general, special, or summary 25 court-martial for the trial of a member of the militia in active state service. 26 (b) A warrant officer of the militia of the state is eligible to serve on a general 27 or special court-martial for the trial of any person, other than a commissioned officer. 28 (c) An enlisted member of the militia of the state who is not a member of the 29 same unit as the accused is eligible to serve on a general or special court-martial for 30 the trial of an enlisted member, but only if the accused has, before the conclusion of a 31 session of the court-martial called by the military judge under AS 26.05.528, 01 personally requested, orally on the record or in writing, that enlisted members serve on 02 the court-martial. 03 (d) After a request is made under (c) of this section, the accused may not be 04 tried by a general or special court-martial unless enlisted members make up at least 05 one-third of the total membership of the court. If eligible enlisted members are not 06 available because of physical conditions or military exigencies, the court may proceed 07 to try the accused without enlisted members, but the convening authority shall place 08 on the record a detailed written explanation of why eligible enlisted members were not 09 available. 10 (e) The accused may not be tried by a court-martial that includes a member 11 who is junior in rank or grade to the accused, unless the inclusion cannot be avoided. 12 (f) When convening a court-martial, the convening authority shall detail the 13 members of the militia of the state who are, in the convening authority's opinion, the 14 best qualified for the duty by reason of age, education, training, experience, length of 15 service, and judicial temperament. A member of the militia of the state is not eligible 16 to serve as a member of a general or special court-martial if the member is the accuser, 17 is a witness, or has acted as investigating officer or as counsel in the same case. 18 (g) Before a court-martial is assembled for the trial of a case, the convening 19 authority may excuse a member of the court from participating in the case. The 20 convening authority may delegate the authority under this subsection to a judge 21 advocate or to a principal assistant. 22 Sec. 26.05.480. Military judge of a general or special court-martial. (a) A 23 senior force judge advocate who is in the same force as the accused, or a designee, 24 shall detail a military judge to a general and special court-martial. The military judge 25 shall preside over an open session of the court-martial to which the military judge has 26 been detailed. 27 (b) A military judge must be 28 (1) an active or retired commissioned officer of the militia of the state; 29 (2) licensed to practice law in a state or a member of the bar of a 30 federal court for at least five years; 31 (3) certified as qualified for duty as a military judge by a senior force 01 judge advocate who is in the same force as the accused. 02 (c) The convening authority or a staff member of the convening authority may 03 not prepare or review a report concerning the effectiveness, fitness, or efficiency of the 04 military judge detailed to the case that relates to performance of duty as a military 05 judge. 06 (d) A person may not act as military judge in a case if that person is the 07 accuser or a witness or has acted as investigating officer or counsel in the same case. 08 (e) The military judge of a court-martial may not consult with the members of 09 the court except in the presence of the accused, trial counsel, and defense counsel, or 10 vote with the members of the court-martial. 11 Sec. 26.05.483. Detail of trial counsel and defense counsel. (a) For each 12 general and special court-martial, the convening authority shall detail trial counsel, 13 defense counsel, and assistants, as appropriate. 14 (b) A person who has acted as investigating officer, military judge, witness, or 15 court member in a case may not act as trial counsel, assistant trial counsel, or, unless 16 expressly requested by the accused, defense counsel or assistant or associate defense 17 counsel in the case. 18 (c) A person who has acted for the prosecution may not act in the same case 19 for the defense. A person who has acted for the defense may not act in the same case 20 for the prosecution. 21 (d) Trial counsel or defense counsel detailed in a general or special court- 22 martial must be 23 (1) a judge advocate, or, if serving as defense counsel, otherwise 24 certified by the senior force judge advocate; and 25 (2) admitted to the practice of law in this state or otherwise permitted 26 to appear in an action in the courts of this state. 27 Sec. 26.05.485. Detail or employment of reporters and interpreters. (a) The 28 convening authority of a general or special court-martial or court of inquiry shall detail 29 or employ qualified court reporters, who shall record the proceedings of and testimony 30 taken before that court and may detail or employ interpreters to interpret for the court. 31 (b) A person may not act as a reporter or interpreter under this section in a 01 case if the person is the accuser, a witness, an investigating officer, counsel for a party, 02 or, if the trial is a rehearing, a member of a prior court-martial in the same case. 03 Sec. 26.05.488. Absent and additional members. (a) A member of a general 04 or special court-martial may not be absent or excused after the court has been 05 assembled for the trial of the accused unless the member is excused 06 (1) as a result of a challenge; or 07 (2) for good cause by the military judge or by order of the convening 08 authority. 09 (b) If a general court-martial, other than a general court-martial composed of 10 only a military judge, is reduced below five members, the trial may not proceed unless 11 the convening authority assigns new members sufficient in number to restore the court 12 to five members. The trial may proceed with the new members present after the 13 recorded evidence previously introduced before the members of the court has been 14 read to the court in the presence of the military judge, the accused, and counsel for 15 both sides. 16 (c) If a special court-martial, other than a special court-martial composed of 17 only a military judge, is reduced below three members, the trial may not proceed 18 unless the convening authority details new members in sufficient number to restore the 19 court to three members. The trial shall proceed with the new members present as if no 20 evidence had been introduced previously at the trial, unless a verbatim record of the 21 evidence previously introduced before the members of the court or a written 22 stipulation of the evidence is read to the court in the presence of the military judge, the 23 accused, and counsel for both sides. 24 (d) If the military judge of a court-martial composed of only a military judge 25 is unable to proceed with a trial because of a challenge or for other good cause, the 26 senior force judge advocate shall detail a new military judge. The trial shall proceed as 27 if no evidence had previously been introduced, unless a verbatim record of the 28 evidence previously introduced or a written stipulation of the evidence is read in court 29 in the presence of the new military judge, the accused, and counsel for both sides. 30 Sec. 26.05.490. Charges and specifications. (a) Charges and specifications 31 must be signed by a member of the militia in active state service under oath before a 01 commissioned officer authorized by AS 26.05.803 to administer oaths. The charges 02 and specifications must state 03 (1) that the signer has personal knowledge of, or has investigated, the 04 facts set out in the charges and specifications; 05 (2) that the charges and specifications are true in fact to the best of the 06 signer's knowledge and belief. 07 (b) The person proferring the charges and specifications shall present them to 08 the proper authority. The proper authority receiving the charges and specifications 09 shall immediately determine the disposition of the charges in the interest of justice and 10 discipline, and the person accused shall be informed of the charges as soon as 11 practicable. 12 Sec. 26.05.493. Compulsory self-incrimination prohibited. (a) A member of 13 the militia in active state service may not compel a person to make a self-incriminating 14 statement or to answer a question the answer to which may tend to incriminate the 15 person. 16 (b) A member of the militia in active state service may not interrogate or 17 request a statement from a person suspected of a military offense without first 18 informing the person of the nature of the accusation and advising the person that the 19 person does not have to make any statement regarding the military offense of which 20 the person is accused or suspected and that any statement made by the person may be 21 used as evidence against the person in a trial by court-martial. 22 (c) A member of the militia in active state service may not compel a person to 23 make a statement or produce evidence before a military court if the statement or 24 evidence is not material to the issue before the court and may tend to degrade the 25 person. 26 (d) A statement obtained from a person in violation of this section or through 27 the use of coercion, unlawful influence, or unlawful inducement may not be admitted 28 into evidence against the person in a trial by court-martial. 29 Sec. 26.05.495. Investigation. (a) A charge or specification may not be 30 referred to a general court-martial for trial until a thorough and impartial 31 investigation has been made of all the matters set out in the charge or specification. 01 The investigation must include inquiry into the truth of the matters set out in the 02 charges, consideration of the form of the charges, and a recommendation as to the 03 disposition that should be made of the case in the interest of justice and discipline. 04 (b) The accused has the right to be represented by counsel as provided under 05 AS 26.05.525 at an investigation. 06 (c) The authority investigating the accused shall 07 (1) advise the accused of the charges against the accused and of the 08 accused's right to be represented by counsel under (b) of this section; 09 (2) give the accused the opportunity to cross-examine witnesses 10 against the accused, if the witnesses are available; 11 (3) give the accused the opportunity to present evidence on the 12 accused's own behalf, either in defense or mitigation; the investigating officer shall 13 examine available witnesses requested by the accused. 14 (d) If, after the investigation, the charges are referred to the court-martial, 15 the charges shall be accompanied by a statement of the substance of the 16 testimony taken, and a copy shall be given to the accused. 17 (e) If an investigation of a military offense is conducted before the accused is 18 charged with the military offense and the accused is present at the investigation and 19 provided with counsel and an opportunity to cross-examine witnesses and present 20 evidence under (c) of this section, no further investigation of that charge is necessary 21 under this section unless the accused demands further investigation after the accused 22 is informed of the charge. A demand for further investigation entitles the accused to 23 recall witnesses for further cross-examination and to offer new evidence in the 24 accused's own behalf. 25 (f) If evidence adduced in an investigation under this section indicates that 26 the accused committed an uncharged military offense, the investigating officer may 27 investigate the subject matter of that offense without the accused's having first been 28 charged with the military offense if the accused is 29 (1) present at the investigation; 30 (2) informed of the nature of each uncharged military offense 31 investigated; and 01 (3) provided with counsel and an opportunity to cross-examine 02 witnesses and present evidence under (c) of this section. 03 Sec. 26.05.498. Forwarding of charges. (a) When a person is held for trial by 04 general court-martial, the commanding officer shall, within eight days after the 05 accused is ordered into arrest or confinement, if practicable, forward the charges, 06 together with the investigation and associated records, to the person exercising general 07 court-martial jurisdiction. 08 (b) If it is not practicable to forward the charges and investigation and 09 associated records under (a) of this section, the commanding officer shall provide the 10 person with a written explanation for the delay. 11 Sec. 26.05.500. Advice of judge advocate and reference for trial. (a) Before 12 directing the trial of a charge by general court-martial, the convening authority shall 13 refer it to a judge advocate for consideration and advice. The convening authority may 14 not refer a specification under a charge to a general court-martial for trial unless the 15 convening authority has been advised in writing by a judge advocate that 16 (1) the specification alleges a military offense; 17 (2) the specification is warranted by the evidence set out in the report 18 of investigation under AS 26.05.495, if there is a report; and 19 (3) a court-martial has jurisdiction over the accused and the military 20 offense. 21 (b) The advice of the judge advocate under (a) of this section with respect to a 22 specification under a charge shall include a written and signed statement by the judge 23 advocate 24 (1) stating the judge advocate's conclusions with respect to each matter 25 set out in (a) of this section; and 26 (2) recommending to the convening authority what action to take 27 regarding the specification; if the specification is referred for trial, the 28 recommendation of the judge advocate must accompany the specification. 29 (c) If a charge or specification is not in the correct form or does not conform 30 to the substance of the evidence set out in the investigating officer's report, the 31 convening authority, with the advice of the judge advocate, may correct the charge or 01 specification to conform to the evidence. 02 Sec. 26.05.503. Service of charges. A trial counsel shall serve or caused to be 03 served on the accused a copy of the charges. A person may not, against the person's 04 objection, be brought to trial before a general court-martial within five days after the 05 service of charges on the person, or before a special court-martial within three days 06 after the service of charges on the person. 07 Sec. 26.05.520. Governor or adjutant general to prescribe rules of  08 procedure. (a) The adjutant general shall, with the approval of the governor, adopt 09 rules of pretrial, trial, and post-trial procedure, including methods of proof, for cases 10 before courts-martial and courts of inquiry. 11 (b) The rules adopted under this section must, as the adjutant general and the 12 governor may consider practicable, apply the principles of law and the rules of 13 evidence and procedure governing military criminal cases in the courts of the armed 14 forces of the United States, but may not be contrary to or inconsistent with this chapter 15 or with the applicable Alaska Rules of Evidence. 16 (c) The rules adopted under this section must include adequate protection from 17 public disclosure of classified information. 18 (d) The rules adopted under this section are rules of procedure and are exempt 19 from AS 44.62. 20 Sec. 26.05.523. Unlawfully influencing the action of a court. (a) An 21 authority convening a general, special, or summary court-martial, a commanding 22 officer, or an officer serving on the staff of a convening authority or commanding 23 officer may not censure, reprimand, or admonish the court, a member of the court, the 24 military judge, or counsel appearing before the court, with respect to the findings of or 25 sentence imposed by the court, or with respect to another exercise of the respective 26 functions of the court, a member of the court, the military judge, or counsel appearing 27 before the court in the conduct of the proceedings. 28 (b) A member of the militia in active state service may not attempt to coerce 29 or, by unauthorized means, influence the action of a court-martial or court of inquiry 30 or a member of a court, in reaching the findings or sentence in a case, or the action of 31 a convening, approving, or reviewing authority with respect to a judicial act. This 01 subsection does not apply to 02 (1) general instructional or informational courses in military justice if 03 the courses are designed solely for the purpose of instructing members of a command 04 in the substantive and procedural aspects of courts-martial; or 05 (2) statements and instructions given in open court by the military 06 judge, summary court-martial officer, or counsel. 07 (c) A member of the militia in active state service may not, in the preparation 08 of an effectiveness, fitness, or efficiency report, or any other report or document used, 09 in whole or in part, for the purpose of determining whether a member of the militia of 10 the state is qualified to be advanced in grade, in determining the assignment or transfer 11 of a member of the militia of the state, or in determining whether a member of the 12 militia of the state should be retained on active status, 13 (1) consider or evaluate the performance of duty of the member as a 14 member of a court-martial or witness; or 15 (2) give a less favorable rating or evaluation of any counsel for the 16 accused because of zealous representation before a court-martial. 17 (d) In this section, "unauthorized" means contrary to a statute or regulation of 18 the United States or the state. 19 Sec. 26.05.525. Duties of trial counsel and defense counsel. (a) The trial 20 counsel of a general or special court-martial shall be licensed to practice law in this 21 state and shall, under the direction of the court, prepare the record of the proceedings. 22 (b) The accused has the right to be represented before a general or special 23 court-martial or at an investigation under AS 26.05.495. 24 (c) The accused may be represented by 25 (1) civilian counsel at the expense of accused; 26 (2) military counsel detailed under AS 26.05.483; or 27 (3) military counsel of the accused's own choice if that counsel is 28 reasonably available as determined under (g) of this section. 29 (d) If the accused is represented by civilian counsel, military counsel detailed 30 or selected under (c)(2) or (3) of this section shall act as associate counsel unless 31 excused at the request of the accused. 01 (e) Except as provided in (f) of this section, if the accused is represented by 02 military counsel of the accused's own selection under (c)(3) of this section, military 03 counsel detailed under (c)(2) shall be excused. 04 (f) The accused is not entitled to be represented by more than one military 05 counsel. However, the person authorized under AS 26.05.483 to detail counsel, may, 06 in the person's sole discretion 07 (1) detail additional military counsel as assistant defense counsel; 08 (2) if the accused is represented by military counsel of the accused's 09 own selection under (c)(3) of this section, approve a request from the accused that 10 military counsel detailed under (c)(2) of this section act as associate defense counsel. 11 (g) The senior force judge advocate of the same force of which the accused is 12 a member shall determine whether the military counsel selected by an accused under 13 (c)(3) of this section is reasonably available. 14 (h) In a court-martial proceeding resulting in a conviction, the defense counsel 15 may 16 (1) forward for attachment to the record of proceedings a brief of the 17 matters as counsel determines should be considered on behalf of the accused on 18 review, including any objection to the contents of the record that counsel considers 19 appropriate; 20 (2) assist the accused in the submission of any matter under 21 AS 26.05.613; 22 (3) take another action authorized under this chapter. 23 Sec. 26.05.528. Sessions. (a) At any time after the service of charges that have 24 been referred for trial to a court-martial composed of a military judge and members, 25 the military judge may, subject to the limitations of AS 26.05.503, call the court into 26 session without the presence of the members for the purpose of 27 (1) hearing and determining motions raising defenses or objections that 28 are capable of determination without trial of the issues raised by a plea of not guilty; 29 (2) hearing and ruling on a matter that the military judge is authorized 30 to determine under this chapter, whether or not the matter is appropriate for later 31 consideration or decision by the members of the court; 01 (3) conducting the arraignment and receiving the pleas of the accused; 02 (4) performing any other procedural function that does not require the 03 presence of the members of the court under this chapter. 04 (b) A military judge shall conduct proceedings under this section in the 05 presence of the accused, the defense counsel, and the trial counsel, and the 06 proceedings shall be made a part of the record. The proceedings may be conducted 07 notwithstanding the number of court members and without regard to AS 26.05.488. 08 (c) When the members of a court-martial deliberate or vote, only the members 09 may be present. 10 (d) All other proceedings, including any other consultation of the members of 11 the court with counsel or the military judge, shall be made a part of the record and 12 shall be in the presence of the accused, the defense counsel, the trial counsel, and the 13 military judge. 14 Sec. 26.05.530. Continuances. The military judge of a general, special, or 15 summary court-martial may, for reasonable cause, grant a continuance to a party for 16 the time, and as often, as may appear to be just. 17 Sec. 26.05.533. Challenges. (a) The military judge and members of a general 18 or special court-martial may be challenged by the accused or the trial counsel for 19 cause stated to the court. The military judge or the court shall determine the relevancy 20 and validity of challenges for cause and may not receive a challenge to more than one 21 person at a time. Challenges by the trial counsel shall ordinarily be presented and 22 decided before those by the accused are offered. 23 (b) If exercise of a challenge for cause reduces the court below the minimum 24 number of members required by AS 26.05.450, all parties shall, notwithstanding 25 AS 26.05.488, either exercise or waive a challenge for cause then apparent against the 26 remaining members of the court before additional members are detailed to the court. 27 This subsection does not apply to peremptory challenges under (c) and (d) of this 28 section. 29 (c) Each accused and the trial counsel are entitled to one peremptory challenge 30 of members of the court. The military judge may not be challenged except for cause. 31 (d) If the exercise of a peremptory challenge reduces the court below the 01 minimum number of members required by AS 26.05.450, the parties shall, 02 notwithstanding AS 26.05.488, either exercise or waive remaining peremptory 03 challenges, not previously waived, against the remaining members of the court before 04 additional members are detailed to the court. 05 (e) If additional members are detailed to the court, and after challenges for 06 cause against the additional members are presented and decided, each accused and the 07 trial counsel are entitled to one peremptory challenge against members not previously 08 subject to peremptory challenge. 09 Sec. 26.05.535. Oaths or affirmations. (a) Before performing their respective 10 duties, military judges, general and special court-martial members, trial counsel, 11 defense counsel, reporters, and interpreters shall take an oath or affirmation in the 12 presence of the accused that they will perform their duties faithfully. 13 (b) The form of the oath or affirmation, the time and place of taking, the 14 manner of recording, and a determination of whether the oath or affirmation shall be 15 taken for all cases in which the duties are to be performed or for a particular case, shall 16 be prescribed in the rules of procedure adopted under AS 26.05.520. The rules may 17 provide that, if a person takes an oath or affirmation with respect to a duty, the person 18 need not take the oath or affirmation again on detailment to the duty. 19 (c) A witness before a court-martial shall be examined under oath or 20 affirmation. 21 Sec. 26.05.538. Statute of limitations. (a) A person charged with a military 22 offense may not be tried or punished for the military offense unless the person 23 received sworn charges and specifications issued by an officer exercising court-martial 24 jurisdiction over the command not later than three years after the commission of the 25 military offense or the imposition of a nonjudicial punishment for the military offense 26 under AS 26.05.440. 27 (b) A period when the accused is absent without authority or fleeing from 28 justice shall be excluded in computing the period of limitation in this section. 29 (c) A period when the accused is absent from territory in which the proper 30 authority has the ability to apprehend the accused, in the custody of civil authorities, 31 or in the hands of the enemy, shall be excluded in computing the period of limitation 01 in this section. 02 (d) When the United States is at war, the running of a period of limitation for a 03 military offense under this section is suspended until two years after the termination of 04 hostilities as proclaimed by the President of the United States or by a joint resolution 05 of the United States Congress if the military offense 06 (1) involves fraud or attempted fraud against the United States, a state, 07 or an agency of either, including a conspiracy to commit fraud; 08 (2) is committed in connection with the acquisition, care, handling, 09 custody, control, or disposition of real or personal property of the United States or a 10 state; or 11 (3) is committed in connection with the negotiation, procurement, 12 award, performance, payment, interim financing, cancellation, or other termination or 13 settlement, of a contract, subcontract, or purchase order that is connected with or 14 related to the prosecution of the war, or with the disposition of inventory by a war 15 contractor or government agency. 16 (e) If charges or specifications are dismissed as defective or insufficient for 17 any cause, and the period prescribed by the applicable statute of limitations has 18 expired or will expire within 180 days after the date of dismissal of the charges and 19 specifications, trial and punishment under new charges and specifications are not 20 barred by the statute of limitations if the new charges and specifications 21 (1) are received by an officer exercising summary court-martial 22 jurisdiction over the command within 180 days after the dismissal of the charges or 23 specifications; 24 (2) allege the same acts or omissions that were alleged in the dismissed 25 charges or specifications or acts or omissions that were included in the dismissed 26 charges or specifications. 27 Sec. 26.05.540. Former jeopardy. (a) A person may not, without the person's 28 consent, be tried a second time for the same military offense. 29 (b) A proceeding in which an accused has been found guilty by a court-martial 30 on any charge or specification is not a trial under this chapter until a finding of guilty 31 has become final after review of the case has been completed. 01 (c) A proceeding that, after the introduction of evidence but before a finding, 02 is dismissed or terminated by the convening authority or on motion of the prosecution 03 for failure of available evidence or witnesses, without any fault of the accused, is a 04 trial. 05 Sec. 26.05.543. Pleas of the accused. (a) If, after arraignment, an accused 06 makes an irregular pleading or, after a plea of guilty, initiates an action inconsistent 07 with the plea, or if the accused appears to have entered the plea of guilty 08 improvidently or through lack of understanding of its meaning and effect, or if the 09 accused fails or refuses to plead, a plea of not guilty shall be entered in the record, and 10 the court shall proceed as though the accused had pleaded not guilty. 11 (b) With respect to a charge or specification to which a plea of guilty has been 12 made by the accused and accepted by the military judge or by a court-martial without 13 a military judge, a finding of guilty of the charge or specification may be entered 14 immediately without vote. This finding shall constitute the finding of the court unless 15 the plea of guilty is withdrawn before announcement of the sentence, in which event, 16 the proceedings shall continue as though the accused had pleaded not guilty. 17 Sec. 26.05.545. Opportunity to obtain witnesses and other evidence. Trial 18 counsel, defense counsel, and the court-martial shall have equal opportunity to obtain 19 witnesses and other evidence. Process issued in court-martial cases to compel 20 witnesses to appear and testify and to compel the production of other evidence shall be 21 issued in accordance with the rules of procedure adopted under AS 26.05.520, and 22 shall apply the principles of law and the rules of courts-martial generally recognized in 23 military criminal cases in the courts of the armed forces of the United States, but may 24 not be contrary to or inconsistent with this chapter. Process shall run to any part of the 25 United States, or the territories, commonwealths, and possessions, and may be 26 executed by civil officers as prescribed by the laws of the place where the witness or 27 evidence is located or of the United States. 28 Sec. 26.05.548. Refusal to appear or testify. A person who is not a member 29 of the militia in active state service, who has been subpoenaed to appear as a witness 30 or to produce books and records before a court-martial or court of inquiry, or before a 31 military or civil officer designated to take a deposition to be read in evidence before 01 the court, who has been paid or tendered the fees and mileage of a witness at the rates 02 allowed to witnesses attending a criminal court of the state, and who wilfully neglects 03 or refuses to appear, or refuses to qualify as a witness or to testify or to produce any 04 evidence that the person may have been legally subpoenaed to produce is guilty of a 05 violation and may be charged and punished as provided in AS 26.05.550. 06 Sec. 26.05.550. Contempts. (a) A military judge or summary court-martial 07 officer may punish for contempt a person who uses a menacing word, sign, or gesture 08 in its presence, or who disturbs its proceedings by any riot or disorder. 09 (b) A military judge or summary court-martial officer may punish a member 10 of the militia in active state service for contempt by confinement not to exceed 30 days 11 or a fine of $100, or both. 12 (c) A military judge or summary court-martial officer may punish a person 13 who is not a member of the militia in active state service for direct contempt in an 14 amount not to exceed $100. 15 Sec. 26.05.553. Depositions. (a) At any time after charges have been signed as 16 provided in AS 26.05.490, a party may take oral or written depositions unless the 17 military judge or summary court-martial officer hearing the case or, if the case is not 18 being heard, an authority competent to convene a court-martial for the trial of those 19 charges, forbids the depositions for good cause. 20 (b) The party at whose instance a deposition is to be taken shall give to every 21 other party reasonable written notice of the time and place for taking the deposition. 22 (c) A deposition may be taken before and authenticated by any military or 23 civil officer authorized by the laws of the state or by the laws of the place where the 24 deposition is taken to administer oaths. 25 (d) A duly authenticated deposition taken upon reasonable notice to the other 26 parties, if otherwise admissible under the rules of evidence, may be read in evidence 27 or, in the case of audiotape, videotape, digital image or file, or similar material, may 28 be played in evidence before a military court, if it appears that 29 (1) the witness resides in a state other than the state in which the court 30 is ordered to sit, or more than 100 miles from the place of trial or hearing; 31 (2) the witness by reason of death, age, sickness, bodily infirmity, 01 imprisonment, military necessity, nonamenability to process, or other reasonable 02 cause, is unable or refuses to appear and testify in person at the place of trial or 03 hearing; or 04 (3) the present whereabouts of the witness is unknown. 05 Sec. 26.05.555. Admissibility of records of courts of inquiry. (a) In a case 06 that does not involve the dismissal of a commissioned officer, the sworn testimony of 07 a person whose oral testimony cannot be obtained may, if it is set out in the duly 08 authenticated record of proceedings of a court of inquiry and is otherwise admissible 09 under the rules of evidence, be read in evidence by any party before a court-martial if 10 the accused was a party before the court of inquiry and the case before the court and 11 the court of inquiry involve the same issue, or if the accused consents to the 12 introduction of the evidence. 13 (b) If testimony from a court of inquiry meets the conditions set out in (a) of 14 this section, but the case before the court involves the dismissal of a commissioned 15 officer, only the defense may read the testimony in evidence. 16 (c) The testimony may also be read in evidence before a court of inquiry. 17 Sec. 26.05.558. Defense of insanity. (a) The accused may assert the 18 affirmative defense of insanity as provided in AS 12.47.010. If the accused gives 19 notice of the defense, the accused shall file with the military judge the notice required 20 by AS 12.47.090. 21 (b) If the accused asserts the defense of insanity under (a) of this section, the 22 court shall order an examination to be conducted that meets the standards of 23 AS 12.47.070. 24 (c) If the defense of insanity is properly at issue, the military judge shall 25 instruct the members of the court as to the defense and charge them to find the accused 26 (1) guilty; 27 (2) not guilty; or 28 (3) not guilty by reason of insanity. 29 (d) The accused may be found not guilty by reason of insanity if 30 (1) a majority of the members of the court-martial present at the time 31 the vote is taken determines that the defense of insanity has been established; or 01 (2) in the case of a court-martial composed of a military judge or a 02 summary court-martial officer sitting without court members, the military judge or 03 summary court-martial officer determines that the defense of insanity has been 04 established. 05 (e) In the case of a court-martial composed of a military judge or a summary 06 court-martial officer sitting without court members, if the defense of insanity is 07 properly at issue, the military judge or summary court-martial officer shall find the 08 accused 09 (1) guilty; 10 (2) not guilty; or 11 (3) not guilty by reason of insanity. 12 (f) If an accused is found not guilty by reason of insanity, trial counsel shall, 13 within 24 hours, file a petition under AS 47.30.700 for a screening investigation to 14 determine the need for treatment if trial counsel has good cause to believe that the 15 defendant is suffering from a mental illness and, as a result, is gravely disabled or 16 likely to cause serious harm to self or others. In this subsection, "mental illness" has 17 the meaning given in AS 47.30.915. 18 Sec. 26.05.560. Voting and rulings. (a) Voting by members of a general or 19 special court-martial on the findings and on the sentence shall be by secret written 20 ballot. The junior member of the court shall count the votes. The count shall be 21 checked by the president, who shall immediately announce the result of the ballot to 22 the members of the court. 23 (b) The military judge shall rule on all questions of law and all interlocutory 24 questions arising during the proceedings. A ruling made by the military judge on a 25 question of law or an interlocutory question, other than the factual issue of mental 26 responsibility of the accused, is final and constitutes the ruling of the court. However, 27 the military judge may change the ruling at any time during the trial. Unless the ruling 28 is final, if a member objects to a ruling, the court shall be cleared and closed, and the 29 question shall be decided by a voice vote as provided in AS 26.05.563, beginning with 30 the junior in rank. 31 (c) Before a vote is taken on the findings, the military judge shall, in the 01 presence of the accused and counsel, instruct the members of the court as to the 02 elements of the military offense and charge them that 03 (1) the accused is presumed to be innocent until the guilt of the 04 accused is established by legal and competent evidence beyond a reasonable doubt; 05 (2) if there is a reasonable doubt as to the guilt of the accused, the 06 doubt must be resolved in favor of the accused, and the accused must be acquitted; 07 (3) if there is a reasonable doubt as to the degree of guilt, a finding of 08 guilt must be in a lower degree as to which there is no reasonable doubt; and 09 (4) the burden of proof to establish the guilt of the accused beyond a 10 reasonable doubt is on the state. 11 (d) A military judge sitting without court members shall 12 (1) determine all questions of law and fact arising during the 13 proceedings and, if the accused is convicted, adjudge an appropriate sentence; 14 (2) make a general finding and shall, in addition, on request, find the 15 facts specially. 16 (e) If a military judge sitting without court members files an opinion or 17 memorandum of decision, the opinion or memorandum of decision is sufficient if the 18 findings of fact appear in the opinion or memorandum of decision. 19 Sec. 26.05.563. Number of votes required. (a) A person may not be convicted 20 of a military offense tried to a court-martial unless by the concurrence of two-thirds of 21 the members of the court present at the time the vote is taken. 22 (b) All other questions to be decided by the members of a general or special 23 court-martial shall be determined by a majority vote, but a determination to reconsider 24 a finding of guilty or to reconsider a sentence, with a view toward decreasing it, may 25 be made by any lesser vote that indicates that the reconsideration is not opposed by the 26 number of votes required for that finding or sentence. A tie vote on a challenge 27 disqualifies the member challenged. A tie vote on any other question is a 28 determination in favor of the accused. 29 Sec. 26.05.565. Court to announce action. A court-martial shall announce its 30 findings and sentence to the parties as soon as determined. 31 Sec. 26.05.568. Record of trial. (a) Each general and special court-martial 01 shall keep a separate record of the proceedings in each case brought before it, and the 02 record must be authenticated by the signature of the military judge. If the military 03 judge cannot authenticate the record because of the military judge's death, disability, 04 or absence, the record shall be authenticated by the signature of the trial counsel or, if 05 the trial counsel is unable to authenticate the record because of the trial counsel's 06 death, disability, or absence, then by the signature of a member of the court. In a 07 court-martial consisting of only a military judge, the record shall be authenticated by 08 the court reporter under the same conditions that would impose a duty on a member 09 under this subsection. 10 (b) In each general and special court-martial case resulting in a conviction, a 11 complete verbatim record of the proceedings and testimony shall be prepared. In all 12 other court-martial cases, the record shall contain the matters as may be prescribed by 13 the rules of procedure adopted under AS 26.05.520. 14 (c) Each summary court-martial shall keep a separate record of the 15 proceedings in each case, and the record shall be authenticated in the manner as may 16 be prescribed by the rules of procedure adopted under AS 26.05.520. 17 (d) A copy of the record of the proceedings of each general and special court- 18 martial shall be given to the accused as soon as the record is authenticated. 19 Sec. 26.05.580. Cruel and unusual punishments prohibited. A court-martial 20 may not impose on a member of the militia in active state service punishment by 21 flogging, branding, marking, or tattooing on the body, or another cruel or unusual 22 punishment. The use of irons, single or double, except for the purpose of safe custody, 23 is prohibited. 24 Sec. 26.05.583. Punishments; maximum limits. (a) A court-martial may not 25 impose a punishment for a military offense that exceeds the limits set out in this 26 chapter and may not impose a sentence of death. A sentence for a military offense may 27 not exceed 10 years. A crime for which a sentence of confinement for a term of more 28 than one year is authorized is a felony offense. Except for convictions by a summary 29 court-martial and except as otherwise specifically provided in this chapter, all other 30 military offenses are misdemeanors. A conviction by a summary court-martial is a 31 violation. 01 (b) The maximum punishment for a violation of this chapter shall be lesser of 02 the sentences prescribed by the manual for courts-martial of the United States in effect 03 on January 1, 2004, and the rules adopted under AS 26.05.520, but in no instance shall 04 any punishment exceed that authorized by this chapter. 05 Sec. 26.05.585. Effective date of sentences. (a) If a sentence of a court-martial 06 as lawfully adjudged and approved includes a forfeiture of pay or allowances in 07 addition to unsuspended confinement, the forfeiture may apply to pay or allowances 08 becoming due on or after the date the sentence is approved by the convening authority. 09 A forfeiture may not extend to pay or allowances accrued before that date. 10 (b) A sentence of a court-martial that includes a period of confinement begins 11 to run from the date the sentence is adjudged by the court-martial, but periods during 12 which the sentence to confinement is suspended or deferred shall be excluded in 13 computing the service of the term of confinement. 14 (c) All other sentences of courts-martial are effective on the date they are 15 ordered to be executed. 16 Sec. 26.05.588. Deferment of sentences. (a) If an accused is under sentence to 17 confinement that has not yet been ordered executed, the convening authority or, if the 18 accused is no longer under the convening authority's jurisdiction, the person exercising 19 general court-martial jurisdiction over the command to which the accused is currently 20 detailed may, in that person's sole discretion, defer service of the sentence to 21 confinement. The deferment terminates when the sentence is ordered to be executed. 22 The deferment may be rescinded at any time by the authority who granted it or, if the 23 accused is no longer under that person's jurisdiction, by the person exercising general 24 court-martial jurisdiction over the command to which the accused is currently detailed. 25 (b) If a court-martial sentences an accused to confinement, the convening 26 authority may, without the consent of the accused, defer the service of the sentence 27 until after the accused has been permanently released to the militia of the state by a 28 state, the United States, or a foreign country 29 (1) that had custody of the accused; 30 (2) that temporarily returned the accused to the militia of the state for 31 trial by court-martial; and 01 (3) to which, after the court-martial, the militia of the state returned the 02 accused under the authority of a mutual agreement or treaty. 03 (c) In a case in which a court-martial sentences an accused to confinement and 04 the sentence to confinement has been ordered executed, but in which review of the 05 case under AS 26.05.628 is pending, the adjutant general may defer further service of 06 the sentence to confinement while that review is pending. 07 (d) In (b) of this section, "state" includes the District of Columbia and any 08 commonwealth, territory, or possession of the United States. 09 Sec. 26.05.590. Execution of confinement. (a) A person must serve a sentence 10 of confinement adjudged by a court-martial, whether or not the sentence includes 11 discharge or dismissal from the militia of the state, and whether or not the discharge or 12 dismissal has been executed. The sentence may be carried into execution by 13 confinement in a place authorized by this chapter. A person confined under this 14 chapter is subject to the same discipline and treatment as other persons confined or 15 committed to the place of confinement. 16 (b) A place of confinement may not require payment of any fee or charge for 17 receiving or confining a person under this chapter except as otherwise provided by 18 law. 19 Sec. 26.05.593. Sentences: reduction in enlisted grade upon approval. (a) A 20 court-martial sentence of an enlisted member in a pay grade above E-1, as approved 21 by the convening authority, that includes a dishonorable or bad-conduct discharge or 22 confinement reduces that member to pay grade E-1, effective on the date of the 23 approval. 24 (b) If the sentence of a member who is reduced in pay grade under (a) of this 25 section is set aside or disapproved or, as finally approved, does not include a 26 dishonorable or bad-conduct discharge or confinement, the rights and privileges of 27 which the person was deprived because of the reduction shall be restored, including 28 pay and allowances. 29 Sec. 26.05.595. Sentences: forfeiture of pay and allowances during  30 confinement. (a) A court-martial sentence that includes confinement for more than six 31 months or confinement for six months or less and a dishonorable or bad-conduct 01 discharge or dismissal shall result in the forfeiture of pay, or of pay and allowances, 02 due the member of the militia of the state during any period of confinement or parole. 03 (b) A forfeiture imposed under this section is effective on the date determined 04 under AS 26.05.585. 05 (c) A forfeiture imposed by 06 (1) a general court-martial shall be all pay and allowances due to the 07 member during the period of forfeiture; 08 (2) a special court-martial shall be two-thirds of all pay due to the 09 member during the period of forfeiture. 10 (d) If a member subject to a sentence of forfeiture has dependents, the 11 convening authority or other person acting under AS 26.05.613 may waive all or a 12 portion of the forfeitures of pay and allowances for a period not to exceed six months. 13 The pay or allowances waived under this subsection shall be paid to the dependents of 14 the member in the amount waived, as the convening authority or other person directs. 15 (e) If the sentence of a member who forfeits pay and allowances under (a) of 16 this section is set aside or disapproved or, as finally approved, does not include 17 confinement for more than six months or confinement for six months or less and a 18 dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay 19 and allowances that the member would, but for the forfeiture, have been paid for the 20 period during which the forfeiture was in effect. 21 Sec. 26.05.610. Error of law; lesser included military offense. (a) A finding 22 or sentence of a court-martial may not be held incorrect on the ground of an error of 23 law unless the error materially prejudices the substantial rights of the accused. 24 (b) A reviewing authority with the power to approve or affirm a finding of 25 guilt may approve or affirm, instead, so much of the finding as includes a lesser 26 included military offense. 27 Sec. 26.05.613. Action by the convening authority. (a) The findings and 28 sentence of a court-martial shall be reported promptly to the convening authority after 29 the announcement of the sentence. 30 (b) The accused may submit to the convening authority matters for 31 consideration by the convening authority with respect to the findings and the sentence. 01 The submission must be in writing. The accused shall make the submission 02 (1) in a case before a general or special court-martial, within 10 days 03 after the accused has been given an authenticated record of trial and, if applicable, the 04 recommendation of a judge advocate under (h) of this section; 05 (2) in a case before a summary court-martial, within seven days after 06 the sentence is announced; the accused shall be promptly provided a copy of the 07 record of trial for use in preparing a submission authorized under this subsection. 08 (c) If the accused shows that additional time is required for the accused to 09 submit the matters, the convening authority or other person taking action under this 10 section may, for good cause, extend the applicable period for not more than an 11 additional 20 days. 12 (d) The accused may waive the right to make a submission to the convening 13 authority under (b) of this section. The waiver must be made in writing and may not be 14 revoked. A waiver has the effect of terminating an extension granted under (c) of this 15 section. 16 (e) The authority of the convening authority to modify the findings and 17 sentence of a court-martial is a matter of command prerogative and may be exercised 18 at the sole discretion of the convening authority. If it is impractical for the convening 19 authority to act, the convening authority shall forward the case to a person exercising 20 general court-martial jurisdiction who may take action under this section. 21 (f) An action on the sentence of a court-martial shall be taken by the 22 convening authority. The action may be taken only after consideration of matters 23 submitted by the accused under (b) of this section or after the time for making the 24 submission expires, whichever is earlier. The convening authority in the convening 25 authority's sole discretion may approve, disapprove, commute, or suspend the 26 sentence, in whole or in part. 27 (g) The convening authority is not required to take action under this section; 28 however, the convening authority may, in the convening authority's sole discretion, 29 (1) dismiss a charge or specification by setting aside a finding of guilty 30 to a change or specification; or 31 (2) change a finding of guilty to a charge or specification to a finding 01 of guilty to a military offense that is a lesser included offense of the military offense 02 stated in the charge or specification. 03 (h) Before acting on a general or special court-martial case in which there is a 04 finding of guilt, the convening authority shall obtain and consider the written 05 recommendation of a judge advocate. The convening authority shall provide the 06 record of trial to the judge advocate, and the judge advocate shall use the record in the 07 preparation of the recommendation. The recommendation of the judge advocate shall 08 include matters as may be prescribed by the rules adopted under AS 26.05.520 and 09 shall be served on the accused, who may submit any matter in response under (b) of 10 this section. Failure to object in the response to the recommendation or to any matter 11 attached to the recommendation is a waiver of the right to object to the 12 recommendation or matter. 13 (i) The convening authority may, in the convening authority's sole discretion, 14 order 15 (1) a proceeding in revision if there is an apparent error or omission in 16 the record or if the record shows an improper or inconsistent action by a court-martial 17 with respect to the findings or sentence that can be rectified without material prejudice 18 to the substantial rights of the accused; however, a proceeding in revision may not 19 (A) reconsider a finding of not guilty of any specification or a 20 ruling that amounts to a finding of not guilty; 21 (B) reconsider a finding of not guilty of any charge, unless 22 there has been a finding of guilty under a specification laid under that charge, 23 that sufficiently alleges a violation of a provision of AS 26.05.400 - 26.05.999; 24 or 25 (C) increase the severity of the sentence unless the sentence 26 prescribed for the military offense is mandatory. 27 (2) a rehearing, if the convening authority disapproves the findings and 28 sentence and states the reasons for disapproval of the findings, or disapproves the 29 sentence; however, the convening authority may not order rehearing as to the findings 30 if there is a lack of sufficient evidence in the record to support the findings. 31 (j) If the convening authority disapproves the findings and sentence and does 01 not order a rehearing under (i) of this section, the convening authority shall dismiss the 02 charges. 03 (k) In this section, "convening authority" includes a person authorized to act 04 under (e) of this section. 05 Sec. 26.05.615. Withdrawal of appeal. In a case subject to appellate review 06 under this chapter, the accused may, at any time, file with the convening authority a 07 written statement expressly withdrawing the right of the accused to the appeal. The 08 withdrawal shall be signed by both the accused and the accused's defense counsel and 09 filed in accordance with the procedures adopted under AS 26.05.520. 10 Sec. 26.05.618. Appeal by the state. (a) In a trial by court-martial in which a 11 punitive discharge may be adjudged, the state may appeal 12 (1) an order or ruling of the military judge that terminates the 13 proceedings with respect to a charge or specification; 14 (2) an order or ruling that excludes evidence that is substantial proof of 15 a fact material in the proceeding; 16 (3) an order or ruling that directs the disclosure of classified 17 information; 18 (4) an order or ruling that imposes sanctions for nondisclosure of 19 classified information; 20 (5) the refusal of the military judge to issue a protective order sought 21 by the prosecution to prevent the disclosure of classified information; 22 (6) the refusal of the military judge to enforce an order issued under 23 (a)(5) of this section that was previously issued by an appropriate authority. 24 (b) An appeal of an order or ruling may not be taken unless the trial counsel 25 provides the military judge with written notice of appeal from the order or ruling 26 within 72 hours after the order or ruling. The notice must include a certification by the 27 trial counsel that the appeal is not taken for the purpose of delay and, if the order or 28 ruling appealed is one that excludes evidence, that the evidence excluded is substantial 29 proof of a fact material in the proceeding. 30 (c) An appeal under this section shall be forwarded to the court prescribed in 31 AS 26.05.628. In ruling on the appeal, the appellate authority may act only with 01 respect to matters of law. 02 (d) A period of delay resulting from an appeal under this section shall be 03 excluded in deciding an issue involving the denial of a speedy trial, unless an 04 appropriate authority determines that the appeal was filed solely for the purpose of 05 delay with the knowledge that it was totally frivolous and without merit. 06 (e) The state may not appeal a finding of not guilty with respect to a charge or 07 specification by the members of the court-martial, or by a judge in a bench trial if the 08 finding was not made on reconsideration. 09 Sec. 26.05.620. Rehearings. A rehearing under this chapter shall be heard by a 10 court-martial composed of members who were not members of the court-martial that 11 first heard the case. Upon a rehearing, the accused may not be tried for a military 12 offense of which the accused was found not guilty by the first court-martial, and may 13 not receive a sentence in excess of or more severe than the sentence in the first court- 14 martial, unless the sentence is based on a finding of guilt for a military offense not 15 considered on the merits in the original proceedings, or unless the sentence prescribed 16 for the military offense is mandatory. If the sentence approved after the first court- 17 martial was in accordance with a pretrial agreement and the accused, at the rehearing, 18 changes a plea with respect to the charges or specifications on which the pretrial 19 agreement was based, or otherwise does not comply with the pretrial agreement, the 20 approved sentence as to those charges or specifications may include any punishment 21 not in excess of the lawfully adjudged sentence of the first court-martial. 22 Sec. 26.05.623. Review by the senior force judge advocate. (a) The senior 23 force judge advocate or the judge advocate's designee shall review a general or special 24 court-martial case in which there has been a finding of guilty. The judge advocate or 25 designee may not review a case under this subsection if the judge advocate or designee 26 acted in the same case as an accuser, investigating officer, member of the court, 27 military judge, or counsel or otherwise acted on behalf of the prosecution or defense. 28 The senior force judge advocate's review shall be in writing and must include 29 (1) conclusions as to whether 30 (A) the court had jurisdiction over the accused and the military 31 offense; 01 (B) the charge and specification stated a military offense; and 02 (C) as a matter of law, the sentence was within the limits 03 prescribed under this chapter; 04 (2) a response to each allegation of error made in writing by the 05 accused; 06 (3) if the case is sent for action by the adjutant general under (b) of this 07 section, a recommendation as to the appropriate action to be taken and an opinion as to 08 whether corrective action is required as a matter of law. 09 (b) The record of trial and related documents in each case reviewed under (a) 10 of this section shall be sent for action to the adjutant general if 11 (1) the judge advocate who reviewed the case recommends corrective 12 action; 13 (2) a sentence approved under AS 26.05.613 extends to dismissal, a 14 bad-conduct or dishonorable discharge, or confinement for more than six months; or 15 (3) the action is otherwise required by the rules adopted under 16 AS 26.05.520. 17 (c) If the opinion of the senior force judge advocate or the judge advocate's 18 designee in the senior force judge advocate's review under (a) of this section is that 19 corrective action is required as a matter of law and if the adjutant general does not take 20 action that is at least as favorable to the accused as that recommended by the judge 21 advocate, the record of trial and action on the case shall be sent to the governor for 22 review and action. 23 (d) The senior force judge advocate or the judge advocate's designee may 24 review a case in which there has been a finding of not guilty of all charges and 25 specifications. The judge advocate or designee may not review a case under this 26 subsection if the judge advocate or designee acted in the same case as an accuser, 27 investigating officer, member of the court, military judge, or counsel or otherwise 28 acted on behalf of the prosecution or defense. The senior force judge advocate's 29 review shall be limited to questions of subject matter jurisdiction. 30 (e) The record of trial and related documents in each case reviewed under (d) 31 of this section shall be sent for action to the adjutant general. The adjutant general may 01 (1) if subject matter jurisdiction is found to be lacking, declare the 02 court-martial void, with or without prejudice to the state as the adjutant general finds 03 appropriate; or 04 (2) return the record of trial and related documents to the senior force 05 judge advocate for appeal by the state under AS 26.05.618. 06 Sec. 26.05.625. Disposition of records after review by the convening  07 authority. Except as otherwise required under this chapter, all records of trial and 08 related documents shall be transmitted and disposed of as prescribed by the rules 09 adopted under AS 26.05.520. 10 Sec. 26.05.628. Appellate review. (a) A person may, after exhausting all 11 remedies available under this chapter, appeal to the court of appeals the conviction and 12 sentence imposed by a general or special court-martial for a military offense for which 13 a sentence of confinement is imposed under this chapter and as permitted by 14 AS 12.55.120. 15 (b) A person filing an appeal under this section shall comply with the rules of 16 court applicable to the proceedings, including the deadlines for filing. 17 Sec. 26.05.630. Appellate counsel. (a) The senior force judge advocate shall 18 detail a judge advocate as appellate trial counsel to represent the state in an appeal 19 filed under AS 26.05.628, and before any federal court when requested to do so by the 20 attorney general. Counsel appointed under this subsection must be a member in good 21 standing of the bar of the highest court of the state to which the appeal is taken. 22 (b) If the state brings an appeal, the accused has the right to be represented by 23 detailed military counsel before a reviewing authority or appellate court. 24 (c) If the accused brings an appeal, the accused has the right to be represented 25 by military counsel before a reviewing authority. 26 (d) Upon the request of an accused entitled to be represented under this 27 section, the senior force judge advocate shall appoint a judge advocate to represent the 28 accused in the review or appeal of cases under (b) and (c) of this section. 29 (e) An accused may be represented by civilian appellate counsel at no expense 30 to the state. 31 Sec. 26.05.633. Execution of sentence; suspension of sentence. (a) If the 01 sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct 02 discharge and if the right of the accused to appellate review is not waived, and an 03 appeal is not withdrawn under AS 26.05.615, that part of the sentence extending to 04 dismissal or a dishonorable or bad-conduct discharge may not be executed until there 05 is a final judgment as to the legality of the proceedings. A judgment as to the legality 06 of the proceedings is final when a final decision is rendered by a reviewing court 07 under AS 26.05.628. 08 (b) lf the sentence of the court-martial extends to dismissal or a dishonorable 09 or bad-conduct discharge and if the right of the accused to appellate review is waived, 10 or an appeal is withdrawn under AS 26.05.615, that part of the sentence extending to 11 dismissal or a dishonorable or bad-conduct discharge may not be executed until 12 review of the case by the senior force judge advocate and any action on that review 13 under AS 26.05.623 is completed. The convening authority or another person 14 authorized to act under AS 26.05.613 may order execution of the sentence of a court- 15 martial that is not dismissal or a dishonorable or bad-conduct discharge. 16 Sec. 26.05.635. Vacation of suspension. (a) A person who is serving a period 17 of probation under a sentence suspended by a special court-martial that, as approved, 18 includes a bad-conduct discharge, or a suspended general court-martial sentence, is 19 entitled to a hearing before the suspension is vacated. The probationer shall be 20 represented at the hearing by military counsel if the probationer requests 21 representation. 22 (b) If the suspended sentence was imposed by a special court-martial, the 23 officer having special court-martial jurisdiction over the probationer shall hold a 24 hearing on the alleged violation of probation. The record of the hearing and the 25 recommendation of the officer having special court-martial jurisdiction shall be sent 26 for action to the officer exercising general court-martial jurisdiction over the 27 probationer. If the officer vacates the suspension, the unexecuted part of the sentence, 28 except a dismissal, shall be executed, subject to applicable restrictions in this chapter. 29 (c) The suspension of another sentence may be vacated by an authority for the 30 command in which the accused is serving or detailed who is competent to convene a 31 court of the kind that imposed the sentence. 01 Sec. 26.05.638. Petition for a new trial. At any time within two years after 02 approval by the convening authority of a court-martial sentence, the accused may 03 petition the adjutant general for a new trial on the grounds of newly discovered 04 evidence or fraud on the court-martial. 05 Sec. 26.05.640. Remission and suspension. (a) An authority for the command 06 in which the accused is serving or detailed who is competent to convene a court of the 07 kind that imposed the sentence may remit or suspend a part or amount of the 08 unexecuted part of a sentence, including all uncollected forfeitures other than a 09 sentence approved by the governor. 10 (b) The governor may, for good cause, substitute an administrative form of 11 discharge for a discharge or dismissal executed in accordance with the sentence of a 12 court-martial. 13 Sec. 26.05.643. Restoration. (a) In accordance with rules adopted under 14 AS 26.05.520, all rights, privileges, and property affected by an executed part of a 15 court-martial sentence that has been set aside or disapproved, except an executed 16 dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and 17 the executed part is included in a sentence imposed on the new trial or rehearing. 18 (b) If a previously executed sentence of dishonorable or bad-conduct 19 discharge is not imposed on a new trial, the governor may substitute an administrative 20 form of discharge unless the accused is to serve out the remainder of the accused's 21 enlistment. 22 (c) If a previously executed sentence of dismissal is not imposed on a new 23 trial, the governor may substitute an administrative form of discharge, and a 24 commissioned officer dismissed under the original sentence may be reappointed by the 25 governor alone to the commissioned grade and rank that, in the opinion of the 26 governor, the former officer would have attained had the officer not been dismissed. 27 The reappointment of the former officer shall be without regard to the existence of a 28 vacancy and shall affect the promotion status of other officers only to the extent the 29 governor may direct. The time between the dismissal and the reappointment shall be 30 considered as actual service for all purposes, including the right to pay and 31 allowances. 01 Sec. 26.05.645. Finality of proceedings, findings, and sentences. The 02 appellate review of records of trial, the proceedings, findings, and sentences of courts- 03 martial as approved, reviewed, or affirmed, and the dismissals and discharges carried 04 into execution under sentences by courts-martial following approval, review, or 05 affirmation as required under this chapter are final and conclusive. To the extent 06 permitted by law, orders publishing the proceedings of courts-martial and the actions 07 taken under those proceedings are binding on all departments, courts, agencies, and 08 officers of the United States and the several states, subject only to an action upon a 09 petition for a new trial as provided in AS 26.05.638 and an action taken under 10 AS 26.05.640. 11 Sec. 26.05.648. Leave required to be taken pending review of court- 12 martial convictions. In accordance with rules adopted under AS 26.05.520, an 13 accused who has been sentenced by a court-martial may be required to take leave 14 pending completion of action under this section if the sentence, as approved under 15 AS 26.05.613, includes an unsuspended dismissal or an unsuspended dishonorable or 16 bad-conduct discharge. The accused may be required to begin the leave on the date on 17 which the sentence is approved under AS 26.05.613, or at any time after that date, and 18 the leave may be continued until the date on which action under this section is 19 completed, or may be terminated at any earlier time. 20 Sec. 26.05.650. Lack of mental capacity or mental responsibility:  21 commitment of accused for examination and treatment. (a) An accused who, as a 22 result of a mental disease or defect that renders the accused incompetent to the extent 23 that the accused is unable to understand the nature of the proceedings or to conduct or 24 cooperate intelligently in the defense of the case, may not be tried, convicted, or 25 sentenced for the military offense so long as the incompetency exists. 26 (b) If trial counsel or defense counsel has reason to believe that the accused is 27 unable to understand the nature of the proceedings or to conduct or cooperate 28 intelligently in the defense of the case, counsel may file a motion with the military 29 judge assigned to the case for a determination of the competency of the accused. Upon 30 the motion, or on the judge's own motion, the court shall order an examination to be 31 conducted and make a determination in accordance with the requirements of 01 AS 12.47.100. If the military judge determines that the accused must be committed for 02 the purpose of examination, and the accused is not otherwise subject to commitment 03 under AS 47.30.700 - 47.30.915, the military judge shall order the convening authority 04 to seek the assistance of the attorney general in seeking a commitment under 05 AS 12.47.100. 06 (c) If the military court determines that the accused is incompetent to stand 07 trial and the accused is not otherwise subject to commitment under AS 47.30.700 - 08 47.30.915, the military judge shall order the convening authority to seek the assistance 09 of the attorney general in seeking a commitment under AS 12.47.110. 10 (d) If, at the end of a period of commitment under (b) and (c) of this section, it 11 is determined that the accused's mental condition has not improved so as to permit the 12 trial to proceed, the charges shall be dismissed without prejudice, and continued 13 commitment proceedings shall be governed by the provisions relating to civil 14 commitment under AS 47.30.700 - 47.30.915. If the accused remains incompetent for 15 five years after the charges have been dismissed under this subsection, the accused 16 may not be charged again for a military offense arising out of the facts alleged in the 17 original charges, unless the original charge is the equivalent of a class A or 18 unclassified felony under AS 11.81.250. 19 (e) When the custodian of an accused person hospitalized under (c) of this 20 section determines that the person has recovered to the an extent that the accused is 21 able to understand the nature of the proceedings against the accused and to conduct or 22 cooperate intelligently in the defense of the case, the custodian shall promptly transmit 23 a notification of the determination to the general court-martial convening authority for 24 the accused and trial and defense counsel. 25 (f) Upon receipt of the notice, the convening authority shall promptly take 26 custody of the accused unless the accused is no longer a member of the militia in 27 active state service. 28 (g) If the accused remains a member of the militia in active state service, the 29 military judge detailed to the case shall conduct the hearing required under 30 AS 12.47.120. If the judge finds the accused competent, the court-martial shall be 31 assembled. 01 (h) The custodian of the accused person may retain custody of the person for 02 not more than 30 days after transmitting the notifications required under (e) of this 03 section. 04 (i) If, during a period of commitment under this section, the accused is no 05 longer a member of the militia in active state service, the convening authority shall 06 promptly notify the custodian and the attorney general; the custodian and the attorney 07 general may take what further action may be appropriate. 08 Sec. 26.05.660. Principals. A member of the militia in active state service who 09 commits a military offense, or aids, abets, counsels, commands, or procures the 10 commission of the military offense, or causes an act to be done that, if directly 11 performed by the member, would be punishable under this chapter, is a principal. 12 Sec. 26.05.663. Accessory after the fact. A member of the militia in active 13 state service who, knowing that a military offense has been committed, receives, 14 comforts, or assists the offender in order to hinder or prevent the offender's 15 apprehension, trial, or punishment shall be punished as a court-martial may direct. 16 Sec. 26.05.665. Conviction of lesser included offense. An accused may be 17 found guilty of an offense necessarily included in the military offense charged or of an 18 attempt to commit either the military offense charged or an offense necessarily 19 included in the military offense charged. 20 Sec. 26.05.668. Attempts. (a) An act done with specific intent to commit a 21 military offense that amounts to more than mere preparation and tends, even though 22 failing, to effect its commission, is an attempt to commit the military offense. 23 (b) A member of the militia in active state service who attempts to commit a 24 military offense shall be punished as a court-martial may direct, unless otherwise 25 specifically prescribed. 26 (c) A member of the militia in active state service may be convicted of an 27 attempt to commit a military offense even if it appears, on the trial, that the military 28 offense was consummated. 29 Sec. 26.05.670. Conspiracy. A member of the militia in active state service 30 who conspires with another person to commit a military offense shall, if one or more 31 of the conspirators does an act to effect the object of the conspiracy, be punished as a 01 court-martial may direct. 02 Sec. 26.05.673. Solicitation. (a) A member of the militia in active state service 03 who solicits or advises another or others to desert in violation of AS 26.05.680 or to 04 mutiny in violation of AS 26.05.703 shall, if the military offense solicited or advised 05 is attempted or committed, be punished with the punishment provided for the 06 commission of the military offense, but, if the military offense solicited or advised is 07 not attempted or committed, the member shall be punished as a court-martial may 08 direct. 09 (b) A member of the militia in active state service who solicits or advises 10 another or others to commit an act of misbehavior before the enemy in violation of 11 AS 26.05.715 or an act of sedition in violation of AS 26.05.703 shall, if the military 12 offense solicited or advised is committed, be punished with the punishment provided 13 for the commission of the military offense, but, if the military offense solicited or 14 advised is not committed, the member shall be punished as a court-martial may direct. 15 Sec. 26.05.675. Fraudulent enlistment, appointment, or separation. A 16 person who procures the person's own enlistment or appointment in the militia of the 17 state by knowingly false representation or deliberate concealment as to the person's 18 qualifications for the enlistment or appointment and receives pay or allowances under 19 the enlistment or appointment, or procures the person's own separation from the 20 militia of the state by knowingly false representation or deliberate concealment as to 21 the person's eligibility for that separation, shall be punished as a court-martial may 22 direct. 23 Sec. 26.05.678. Unlawful enlistment, appointment, or separation. A 24 member of the militia in active state service who effects an enlistment or appointment 25 in or a separation from the militia of the state of a person who is known to the member 26 to be ineligible for that enlistment, appointment, or separation because it is prohibited 27 by law, regulation, or order shall be punished as a court-martial may direct. 28 Sec. 26.05.680. Desertion. (a) A person is guilty of desertion if the person is a 29 member of the militia of the state in active state service and 30 (1) without authority, goes or remains absent from the person's unit, 31 organization, or place of duty with intent to remain away from the unit, organization, 01 or place of duty permanently; 02 (2) quits the person's unit, organization, or place of duty with intent to 03 avoid hazardous duty or to shirk important service; or 04 (3) without being regularly separated from one force of the militia of 05 the state, 06 (A) enlists or accepts an appointment in the same or another 07 force of the militia of the state, or in one of the armed forces of the United 08 States, without fully disclosing the fact that the person has not been regularly 09 separated; or 10 (B) enters a foreign armed service except when authorized by 11 the United States. 12 (b) A commissioned officer of the militia of the state in active state service 13 commits the military offense of desertion if, after tender of the officer's resignation 14 and before notice of its acceptance, the officer quits the officer's post or proper duties 15 without leave and with intent to remain away permanently. 16 (c) A person found guilty of desertion or attempt to desert is punishable 17 (1) by confinement of not more than 10 years or a punishment as a 18 court-martial may direct if the military offense is committed in time of war; 19 (2) by punishment as a court-martial may direct if the desertion or 20 attempt to desert occurs at a time other than a time of war. 21 Sec. 26.05.683. Absence without leave. A member of the militia in active 22 state service who, without authority, (1) fails to go to the member's appointed place of 23 duty at the time prescribed, (2) goes from the member's place of duty, or (3) is absent 24 or remains absent from the member's unit, organization, or place of duty at which the 25 member is required to be at the time prescribed shall be punished as a court-martial 26 may direct. 27 Sec. 26.05.685. Missing movement. A member of the militia in active state 28 service who, through neglect or design, misses the movement of a ship, aircraft, or 29 unit with which the member is required, in the course of duty, to move shall be 30 punished as a court-martial may direct. 31 Sec. 26.05.688. Contempt toward officials. A commissioned officer of the 01 militia in active state service who uses contemptuous words against the President or 02 Vice-President of the United States, the United States Congress, the United States 03 Secretary of Defense, the United States Secretary of Homeland Security, the secretary 04 of a military department of the United States, or the governor or legislature of this 05 state shall be punished as a court-martial may direct. 06 Sec. 26.05.690. Disrespect toward superior commissioned officer. A 07 member of the militia in active state service who behaves with disrespect toward the 08 member's superior commissioned officer shall be punished as a court-martial may 09 direct. 10 Sec. 26.05.693. Assaulting or wilfully disobeying superior commissioned  11 officer. A member of the militia in active state service who (1) strikes the member's 12 superior commissioned officer or draws or lifts up any weapon or offers any violence 13 against the superior officer while the superior officer is in the execution of the superior 14 officer's office, or (2) wilfully disobeys a lawful command of the member's superior 15 commissioned officer shall be punished, if the military offense is committed in time of 16 war, by confinement of not more than 10 years or another punishment as a court- 17 martial may direct and, if the military offense is committed at any other time, by the 18 punishment as a court-martial may direct. 19 Sec. 26.05.695. Insubordinate conduct toward warrant officer,  20 noncommissioned officer, or petty officer. A warrant officer or enlisted member of 21 the militia in active state service who (1) strikes or assaults a warrant officer, 22 noncommissioned officer, or petty officer, while the officer is in the execution of the 23 officer's office, (2) wilfully disobeys the lawful order of a warrant officer, 24 noncommissioned officer, or petty officer, or (3) treats with contempt or is 25 disrespectful in language or deportment toward a warrant officer, noncommissioned 26 officer, or petty officer while the officer is in the execution of the officer's office shall 27 be punished as a court-martial may direct. 28 Sec. 26.05.698. Failure to obey order or regulation. Any member of the 29 militia in active state service who (1) violates or fails to obey a lawful general order or 30 regulation, (2) having knowledge of any other lawful order issued by a member of the 31 militia of the state that the member has a duty to obey, fails to obey the order, or (3) is 01 derelict in the performance of the member's duties shall be punished as a court-martial 02 may direct. 03 Sec. 26.05.700. Cruelty and maltreatment. A member of the militia in active 04 state service who is guilty of cruelty toward, or oppression or maltreatment of, another 05 person subject to the member's orders shall be punished as a court-martial may direct. 06 Sec. 26.05.703. Mutiny or sedition. (a) A member of the militia in active state 07 service is guilty of mutiny if the member, with intent to usurp or override lawful 08 military authority, refuses, in concert with another person, to obey orders or otherwise 09 do the member's duty or creates violence or a disturbance. 10 (b) A member of the militia in active state service is guilty of sedition if the 11 member, with intent to cause the overthrow or destruction of lawful civil authority, 12 creates, in concert with another person, revolt, violence, or other disturbance against 13 the authority. 14 (c) A member of the militia in active state service is guilty of a failure to 15 suppress or report a mutiny or sedition if the member fails to do the member's utmost 16 to prevent and suppress a mutiny or sedition being committed in the member's 17 presence, or fails to take all reasonable means to inform the member's superior 18 commissioned officer or commanding officer of a mutiny or sedition that the member 19 knows or has reason to believe is taking place. 20 (d) A member who is found guilty of attempted mutiny, mutiny, sedition, or 21 failure to suppress or report a mutiny or sedition under this section shall be punished 22 as a court-martial may direct. 23 Sec. 26.05.705. Resistance, flight, breach of arrest, and escape. A member 24 of the militia in active state service who (1) resists apprehension, (2) flees from 25 apprehension, (3) breaks arrest, or (4) escapes from custody or confinement shall be 26 punished as a court-martial may direct. 27 Sec. 26.05.708. Releasing prisoner without proper authority. A member of 28 the militia in active state service who, without proper authority, releases a prisoner 29 committed to the member's charge or, through neglect or design, suffers a prisoner to 30 escape shall be punished as a court-martial may direct, whether or not the prisoner was 31 committed in strict compliance with law. 01 Sec. 26.05.710. Unlawful detention. A member of the militia in active state 02 service who, except as provided by law or regulation, apprehends, arrests, or confines 03 another person shall be punished as a court-martial may direct. 04 Sec. 26.05.713. Noncompliance with procedural rules. A member of the 05 militia in active state service who (1) is responsible for unnecessary delay in the 06 disposition of the case of another person accused of a military offense, or (2) 07 knowingly and intentionally fails to enforce or comply with a provision of this chapter 08 regulating the proceedings before, during, or after trial of an accused shall be punished 09 as a court-martial may direct. 10 Sec. 26.05.715. Misbehavior before the enemy. (a) A member of the militia 11 in active state service is guilty of misbehavior before the enemy if the member is 12 before or in the presence of the enemy and 13 (1) runs away; 14 (2) shamefully abandons, surrenders, or delivers up a command, unit, 15 place, or military property that the member has a duty to defend; 16 (3) through disobedience, neglect, or intentional misconduct, 17 endangers the safety of the command, unit, place, or military property; 18 (4) casts away the member's arms or ammunition; 19 (5) engages in cowardly conduct; 20 (6) quits a place of duty to plunder or pillage; 21 (7) causes false alarms in a command, unit, or place under control of 22 the armed forces of the United States or the militia of the state; 23 (8) wilfully fails to do the utmost to encounter, engage, capture, or 24 destroy enemy troops, combatants, vessels, aircraft, or other thing that the member has 25 a duty to encounter, engage, capture, or destroy; or 26 (9) does not afford all practicable relief and assistance to the troops, 27 combatants, vessels, or aircraft of the armed forces of the United States or an ally of 28 the United States, to this state, or to another state when engaged in battle. 29 (b) A member found guilty of misbehavior before the enemy under this 30 section shall be punished as a court-martial may direct. 31 Sec. 26.05.718. Subordinate compelling surrender. A member of the militia 01 in active state service who compels or attempts to compel the commander of the 02 militia of this state or of any other state, of a place, a vessel, an aircraft, or another 03 military property, or of a body of members of the armed forces to give it up to an 04 enemy or to abandon it, or who strikes the colors or flag to an enemy without proper 05 authority, shall be punished as a court-martial may direct. 06 Sec. 26.05.720. Improper use of countersign. A member of the militia in 07 active state service who, in time of war, discloses the parole or countersign to a person 08 not entitled to receive it or who gives to another person who is entitled to receive and 09 use the parole or countersign a different parole or countersign from that which, to the 10 person's knowledge, the member was authorized and required to give shall be 11 punished as a court-martial may direct. 12 Sec. 26.05.723. Forcing a safeguard. A member of the militia in active state 13 service who forces a safeguard shall be punished as a court-martial may direct. 14 Sec. 26.05.725. Captured or abandoned property. (a) A member of the 15 militia in active state service shall secure all public property taken for the service of 16 the United States or the state and shall give notice and turn over to the proper authority 17 without delay all captured or abandoned property in the member's possession, custody, 18 or control. 19 (b) A member of the militia in active state service who (1) fails to carry out 20 the duties prescribed in (a) of this section, (2) buys, sells, trades, or in any way deals in 21 or disposes of taken, captured, or abandoned property, as a result of which the member 22 receives or expects to receive any profit, benefit, or advantage to the member or 23 another person directly or indirectly connected with the member, or (3) engages in 24 looting or pillaging shall be punished as a court-martial may direct. 25 Sec. 26.05.728. Aiding the enemy. A member of the militia in active state 26 service who (1) aids or attempts to aid the enemy with arms, ammunition, supplies, 27 money, or other things, or (2) without proper authority, knowingly harbors or protects 28 or gives intelligence to, or communicates or corresponds with or holds any intercourse 29 with, the enemy, either directly or indirectly, shall be punished as a court-martial may 30 direct. 31 Sec. 26.05.730. Misconduct as prisoner. A member of the militia in active 01 state service who, while in the hands of the enemy in time of war, (1) for the purpose 02 of securing favorable treatment by the person's captors, acts without proper authority 03 in a manner contrary to law, custom, or regulation, to the detriment of other persons of 04 whatever nationality held by the enemy as civilian or military prisoners, or (2) while in 05 a position of authority over a person, maltreats the person without justifiable cause 06 shall be punished as a court-martial may direct. 07 Sec. 26.05.733. False official statements. A member of the militia in active 08 state service who, with intent to deceive, signs a false record, return, regulation, order, 09 or other official document made in the line of duty, knowing it to be false, or makes a 10 false official statement in the line of duty, knowing it to be false, shall be punished as 11 a court-martial may direct. 12 Sec. 26.05.735. Military property; loss, damage, destruction, or wrongful  13 disposition. A member of the militia in active state service who, without proper 14 authority, (1) sells or otherwise disposes of, (2) wilfully or through neglect damages, 15 destroys, or loses, or (3) wilfully or through neglect suffers to be lost, damaged, 16 destroyed, sold, or wrongfully disposed of, military property of the United States or of 17 any state, shall be punished as a court-martial may direct. 18 Sec. 26.05.738. Property other than military property; waste, spoilage, or  19 destruction. A member of the militia in active state service who, while on active duty, 20 wilfully or recklessly wastes, spoils, or otherwise wilfully and wrongly destroys or 21 damages any property other than military property of the United States or of any state 22 shall be punished as a court-martial may direct. 23 Sec. 26.05.740. Improper hazarding of vessel. A member of the militia in 24 active state service who wilfully, wrongfully, or with gross negligence hazards or 25 suffers to be hazarded a vessel of the armed forces of the United States or the militia 26 of the state shall suffer the punishment as a court-martial may direct. 27 Sec. 26.05.743. Drunk on duty. A member of the militia in active state 28 service, other than a sentinel or lookout, who is found under the influence of alcohol 29 while on duty shall be punished as a court-martial may direct. 30 Sec. 26.05.745. Wrongful use or possession of controlled substances. (a) A 31 member of the militia in active state service who uses, possesses, manufactures, 01 distributes, or imports a controlled substance into the customs territory of the United 02 States, exports from the United States in violation of the laws of the United States or 03 the state, or who introduces a controlled substance into an installation, vessel, vehicle, 04 or aircraft used by or under the control of the armed forces of the United States or the 05 military forces of a state shall be punished as a court-martial may direct. 06 (b) In this section, "controlled substance" means 07 (1) opium, heroin, cocaine, amphetamine, lysergic acid diethylamide, 08 methamphetamine, phencyclidine, barbituric acid, and marijuana; 09 (2) a compound or derivative of a substance specified in (1) of this 10 subsection; 11 (3) a substance not specified in (1) or (2) of this subsection that is 12 listed on a schedule of controlled substances prescribed by the President of the United 13 States for the purposes of the armed forces of the United States under 10 U.S.C. 801 - 14 946 (Uniform Code of Military Justice); 15 (4) a substance not specified in (1) or (2) of this subsection or on a list 16 prescribed by the President under (3) of this subsection that is listed in 21 U.S.C. 812, 17 schedules I through V. 18 Sec. 26.05.748. Misbehavior of sentinel. A sentinel or lookout in active state 19 service who is found under the influence of alcohol or sleeping on the sentinel's or 20 lookout's post or leaves the post before being regularly relieved shall be punished, if 21 the military offense is committed in time of war, by confinement of not more than 10 22 years or other punishment as a court-martial may direct, but if the military offense is 23 committed at any other time, by the punishment as a court-martial may direct. 24 Sec. 26.05.750. Dueling. A member of the militia in active state service who 25 fights or promotes, or is concerned in or connives at fighting, a duel or who, having 26 knowledge of a challenge sent or about to be sent, fails to report the fact promptly to 27 the proper authority shall be punished as a court-martial may direct. 28 Sec. 26.05.753. Malingering. A member of the militia in active state service 29 who, for the purpose of avoiding work, duty, or service, (1) feigns illness, physical 30 disablement, mental lapse, or derangement, or (2) intentionally inflicts self-injury shall 31 be punished as a court-martial may direct. 01 Sec. 26.05.755. Riot or breach of peace. A member of the militia in active 02 state service who causes or participates in a riot or breach of the peace shall be 03 punished as a court-martial may direct. 04 Sec. 26.05.758. Provoking speeches or gestures. A member of the militia in 05 active state service who uses provoking or reproachful words or gestures toward 06 another member of the militia in active state service shall be punished as a court- 07 martial may direct. 08 Sec. 26.05.760. Fraud against the government. (a) A member of the militia 09 in active state service is guilty of fraud against the government if the member 10 (1) knowing it to be false or fraudulent 11 (A) makes a claim against the United States, the state, or an 12 officer of the United States or the state; or 13 (B) presents to a person in the civil or military service of the 14 United States, the state, or an officer of the United States or the state, for 15 approval or payment, a claim against the United States, the state, or an officer 16 of the United States or the state; 17 (2) for the purpose of obtaining the approval, allowance, or payment of 18 a claim against the United States, the state, or an officer of the United States or the 19 state, 20 (A) makes or uses a writing or other paper knowing it to 21 contain a false or fraudulent statement; 22 (B) makes an oath, affirmation or certification to a fact, 23 writing, or other paper knowing the oath, affirmation, or certification to be 24 false; or 25 (C) forges or counterfeits a signature on a writing or other 26 paper or uses the signature, knowing it to be forged or counterfeited; 27 (3) having charge, possession, custody, or control of money or other 28 property of the United States or the state, that is furnished or intended for the armed 29 forces of the United States or the militia of the state, knowingly delivers to a person 30 having authority to receive it, any amount of the money or other property less than that 31 for which the member receives a certificate or receipt; or 01 (4) being authorized to make or deliver any paper certifying the receipt 02 of property of the United States or the state, that is furnished or intended for the armed 03 forces of the United States or the militia of the state, makes or delivers to a person the 04 writing without having full knowledge of the truth of the statements contained in the 05 writing and with intent to defraud the United States or the state. 06 (b) A person found guilty of fraud against the government shall be punished as 07 a court-martial may direct. 08 Sec. 26.05.763. Conduct unbecoming an officer. A commissioned officer, 09 cadet, candidate, or midshipman of the militia in active state service who is convicted 10 of conduct unbecoming an officer shall be punished as a court-martial may direct. 11 Sec. 26.05.765. General article. Although not specifically mentioned in this 12 chapter, all disorders and neglects to the prejudice of good order and discipline in the 13 militia of the state and all conduct of a nature to bring discredit on the militia of the 14 state shall be taken cognizance of by a court-martial and punished at the discretion of a 15 military court. 16 Sec. 26.05.800. Courts of inquiry. (a) A court of inquiry to investigate a 17 matter of concern to the militia of the state may be convened by a person authorized to 18 convene a general court-martial under this chapter, whether or not a person involved 19 in the matter has requested an inquiry. 20 (b) A court of inquiry consists of three or more commissioned officers. The 21 convening authority shall appoint counsel for the court. 22 (c) A member of the militia in active state service whose conduct is subject to 23 inquiry shall be designated as a party. A member of the militia in active state service 24 who has a direct interest in the subject of inquiry has the right to be designated as a 25 party upon request to the court. A member designated as a party has the right to notice, 26 to be present, to be represented by counsel, to cross-examine witnesses, and to 27 introduce evidence. 28 (d) A party may challenge a member of a court of inquiry, but only for cause 29 stated to the court. 30 (e) The members, counsel, reporter, and interpreters of a court of inquiry shall 31 take an oath to faithfully perform their duties. 01 (f) Witnesses may be summoned to appear and testify and may be examined 02 before courts of inquiry as provided for courts-martial. 03 (g) Courts of inquiry shall make findings of fact but may not express opinions 04 or make recommendations unless required to do so by the convening authority. 05 (h) A court of inquiry shall keep a record of its proceedings, which shall be 06 authenticated by the signatures of the president and counsel for the court and 07 forwarded to the convening authority. If the president or counsel for the court is not 08 able to authenticate the record, another member shall sign the authentication for the 09 president or counsel. 10 Sec. 26.05.803. Authority to administer oaths and act as notary public. (a) 11 The following persons may administer oaths for the purposes of military 12 administration, including military justice: 13 (1) a judge advocate; 14 (2) a summary court-martial; 15 (3) the adjutant general and assistant adjutant generals; 16 (4) a commanding officer of the militia; 17 (5) a person authorized by statute or by regulations of the armed forces 18 of the United States or the state to administer oaths or act as a notary public. 19 (b) The following persons may administer oaths necessary in the performance 20 of their duties: 21 (1) the president, military judge, and trial counsel for general and 22 special courts-martial; 23 (2) the president and the counsel for the court of a court of inquiry; 24 (3) an officer designated to take a deposition; 25 (4) a person detailed to conduct an investigation; 26 (5) a recruiting officer; 27 (6) a person authorized by statute or by regulations of the armed forces 28 of the United States to administer oaths or act as a notary public. 29 (c) The person's signature without seal, together with the title of the person's 30 office, is prima facie evidence of the person's authority to administer oaths and act as a 31 notary public under this section. 01 Sec. 26.05.805. Provisions to be explained. (a) The provisions of 02 AS 26.05.403, 26.05.405, 26.05.420, 26.05.423 - 26.05.440, 26.05.478, 26.05.483, 03 26.05.493, 26.05.523, 26.05.525, 26.05.580, 26.05.660 - 26.05.765, and 26.05.803 - 04 26.05.810 shall be carefully explained to each enlisted member at the time of, or 05 within 30 days after, the member's initial entrance into active state service. 06 (b) The provisions specified in (a) of this section shall be explained again after 07 the member has completed basic or recruit training and at the time when the member 08 reenlists. 09 (c) The text of AS 26.05.400 - 26.05.999 and the rules prescribed under 10 AS 26.05.520 shall be made available to a member of the militia of the state, upon 11 request by the member, for the member's personal examination. 12 Sec. 26.05.808. Complaints of wrongs. A member of the militia of the state 13 who believes that the member has been wronged by a commanding officer, and who, 14 upon application to that commanding officer, is refused redress, may complain to a 15 superior commissioned officer, who shall forward the complaint to the officer 16 exercising general court-martial jurisdiction over the officer against whom the 17 complaint is made. The officer exercising general court-martial jurisdiction shall 18 investigate the complaint and take proper measures for redressing the wrong 19 complained of, and shall, as soon as practicable, provide the adjutant general a true 20 statement of the complaint, along with the proceedings conducted with respect to the 21 complaint. 22 Sec. 26.05.810. Redress of injuries to property. (a) A person who believes 23 that a member of the militia of the state has wilfully damaged or wrongfully taken the 24 person's property may make a complaint to a commanding officer. The commanding 25 officer may, under rules adopted under AS 26.05.520, convene a board to investigate 26 the complaint. The board shall consist of from one to three commissioned officers. For 27 the purpose of investigating the complaint, the board has the power to summon 28 witnesses and examine them under oath, to receive depositions or other documentary 29 evidence, and to assess the damages sustained against the responsible parties. The 30 assessment of damages made by the board is subject to the approval of the 31 commanding officer and, in the amount approved by that officer, shall be charged 01 against the pay of the offenders. The order of the commanding officer directing the 02 payment of charges is conclusive on any disbursing officer for payment to the injured 03 parties of the damages assessed and approved under this section. 04 (b) If the offenders cannot be ascertained, but the organization or detachment 05 to which they belong is known, charges totaling the amount of damages assessed and 06 approved may be made in the proportion as may be considered just on the individual 07 members of the organization or detachment who are shown to have been present at the 08 scene at the time the damages complained of were inflicted, as determined by the 09 approved findings of the board. 10 Sec. 26.05.813. Delegation by the governor. The governor may delegate any 11 authority vested in the governor under this chapter, and provide for the subdelegation 12 of the authority, except the power given the governor by AS 26.05.470. 13 Sec. 26.05.815. Military justice account. (a) The military justice account is 14 established in the general fund for the purpose of paying the expenses of the 15 department in carrying out its duties relating to this chapter, including the fees and 16 authorized travel expenses of witnesses, experts, victims, court reporters, and 17 interpreters, fees for the service of process, costs of collection, apprehension, detention 18 and confinement, pay and allowances for court-martial duty, and all other necessary 19 expenses of the prosecution and administration of military justice not otherwise 20 payable by another source. 21 (b) The account consists of money appropriated to it by the legislature and 22 interest received on money in the account. 23 (c) The department may use money appropriated to the account to pay for 24 expenses related to the duties described in (a) of this section. 25 (d) Money appropriated to the account does not lapse. 26 (e) Nothing in this section creates a dedicated fund. 27 (f) In this section, "account" means the military justice account established 28 under (a) of this section. 29 Sec. 26.05.818. Payment, collection, and deposit of fines. (a) A fine imposed 30 by a military court or through the imposition of nonjudicial punishment may be paid to 31 the state and delivered to the court or imposing officer, or to a person executing 01 process. 02 (b) If the person upon whom the fine fails to pay, the department may collect 03 the fine by 04 (1) retaining pay or allowances due or to become due to the person 05 fined from the militia of the state or the United States; 06 (2) garnishment or levy, together with costs, on the wages, goods, and 07 property of a person delinquent in paying a fine in accordance with AS 09.38. 08 (c) A fine or penalty required to be paid under this section shall be deposited 09 into the general fund and accounted for under AS 37.05.142. 10 Sec. 26.05.819. Pay and allowances for court-martial duty. For each day of 11 duty as a member of a general court-martial, or as a witness under summons from the 12 president or judge advocate of the court, officers and enlisted persons shall be paid as 13 provided in AS 26.05.260(b). 14 Sec. 26.05.820. Uniformity of interpretation. This chapter shall be construed 15 to carry out their general purpose and, so far as practicable, in a manner uniform with 16 10 U.S.C. 801 - 946. 17 Sec. 26.05.823. Immunity for action of military courts. A person acting 18 under this chapter, whether as a member of the militia or as a civilian, shall be 19 immune from any personal liability for any of the acts or omissions that the person did 20 or failed to do as part of the person's duties under this chapter. 21 Sec. 26.05.825. Service of punishment. A punishment authorized under this 22 chapter that is measured in terms of days shall, when served in a status other than 23 annual field training, be construed to mean succeeding active state service days. 24 Sec. 26.05.990. Definitions. In this chapter, unless the context otherwise 25 requires, 26 (1) "accuser" means a person who signs and swears to charges, a 27 person who directs that charges nominally be signed and sworn to by another, and any 28 other person who has an interest other than an official interest in the prosecution of the 29 accused; 30 (2) "active state service" means all duties performed in the militia of 31 the state under an order issued under AS 26.05.070 or otherwise issued by the 01 authority of law, including travel to and from active duty, all encampments, armory 02 drill periods, and parade periods by the militia; "active state service" excludes all 03 duties performed while in active federal service; 04 (3) "arrest" means the restraint of a person by an order, not imposed as 05 a punishment for an offense, directing the person to remain within certain specified 06 limits; 07 (4) "cadet," "candidate," or "midshipman" means a person who is 08 enrolled in or attending a state military academy, a regional training institute, or any 09 other formal education program for the purpose of becoming a commissioned officer 10 in the militia of the state; 11 (5) "classified information" means 12 (A) information or material that has been determined by an 13 official of the United States or any state under law, an executive order, or 14 regulation to require protection against unauthorized disclosure for reasons of 15 national or state security; and 16 (B) restricted data, as defined in 42 U.S.C. 2014(y) (Atomic 17 Energy Act of 1954); 18 (6) "commanding officer" or "commander" includes only 19 commissioned officers of the militia of the state and includes officers in charge only 20 when administering nonjudicial punishment under AS 26.05.440; 21 (7) "confinement" means the physical restraint of a person; 22 (8) "convening authority" includes, in addition to the person who 23 convened the court, a commissioned officer commanding for the time being or a 24 successor in command to the convening authority; 25 (9) "day" means calendar day and is not synonymous with the term 26 "unit training assembly"; 27 (10) "department" means the Department of Military and Veterans' 28 Affairs; 29 (11) "enlisted member" means a person in an enlisted grade; 30 (12) "military court" means a court-martial or court of inquiry; 31 (13) "military judge" means an official of a general or special court- 01 martial described under AS 26.05.480; 02 (14) "military offense" means an offense specified in AS 26.05.120 03 and 26.05.660 - 26.05.765; 04 (15) "militia" or "militia of the state" means the Alaska National 05 Guard, the Alaska Naval Militia, and the Alaska State Defense Force; 06 (16) "national security" means the national defense and foreign 07 relations of the United States; 08 (17) "officer" means a commissioned or warrant officer; 09 (18) "officer in charge" means a member of the naval militia, United 10 States Navy, United States Marine Corps, or United States Coast Guard designated by 11 the appropriate authority; 12 (19) "record," when used in connection with the proceedings of a 13 court-martial, means 14 (A) an official written transcript, written summary, or other 15 writing relating to the proceedings; or 16 (B) an official audiotape, videotape, digital image or file, or 17 similar material from which sound, or sound and visual images, depicting the 18 proceedings may be reproduced; 19 (20) "senior force commander" means the commander of the same 20 force of the militia of the state as the accused; 21 (21) "senior force judge advocate" means the senior judge advocate of 22 the commander of the same force of the militia of the state as the accused and who is 23 that commander's chief legal advisor; 24 (22) "superior commissioned officer" means a commissioned officer 25 superior in rank or command; 26 (23) "unit" means a regularly organized body of the militia of the state 27 not larger than a company, a squadron, a division of the naval militia, or a body 28 corresponding to one of them. 29 Sec. 26.05.999. Short title. This chapter may be cited as the Alaska Code of 30 Military Justice. 31  * Sec. 5. AS 33.30.011 is amended by adding a new subsection to read: 01 (b) In this section, "held under authority of state law" includes the 02 confinement of persons under AS 26.05. 03  * Sec. 6. AS 44.23.020 is amended by adding a new subsection to read: 04 (i) If requested by a military judge or the convening authority of a court- 05 martial, assist the court-martial in obtaining the commitment of a person accused of a 06 military offense under AS 26.05 for a competency examination under AS 12.47.100 or 07 on a finding of incompetency under AS 12.47.110. In this subsection, "military 08 offense" has the meaning given in AS 26.05.990. 09  * Sec. 7. AS 44.28 is amended by adding a new section to read: 10 Sec. 44.28.025. Incarceration of members of the militia of the state. If 11 requested by the adjutant general and with the approval of the governor, the 12 Department of Corrections shall accept custody from the militia of the state of persons 13 confined under AS 26.05. In this section, "militia of the state" has the meaning given 14 in AS 26.05.990. 15  * Sec. 8. AS 44.35.020(a) is amended to read: 16 (a) The Department of Military and Veterans' Affairs shall 17 (1) conduct the military affairs of the state as prescribed by AS 26.05 18 [THE MILITARY CODE]; 19 (2) cooperate with the federal government in matters of mutual 20 concern pertaining to the welfare of Alaskan veterans, including establishing, 21 extending, or strengthening services for veterans in the state; 22 (3) annually, not later than February 1, make available a report to the 23 legislature, through the governor, outlining the department's activities during the 24 previous calendar year; the department shall notify the legislature that the report is 25 available; and 26 (4) cooperate with the Department of Public Safety to develop and 27 implement missing vulnerable adult prompt response and notification plans under 28 AS 44.41.060. 29  * Sec. 9. AS 26.05.300, 26.05.310, 26.05.320, 26.05.322, 26.05.324, 26.05.326, 26.05.330, 30 and 26.05.350 are repealed. 31  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 01 read: 02 APPLICABILITY. AS 26.05.400 - 26.05.999, enacted by sec. 4 of this Act, and sec. 9 03 of this Act apply to offenses occurring on or after the effective date of secs. 4 and 9 of this 04 Act. 05  * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION. The adjutant general may, with the approval of the governor, adopt 08 rules of pretrial, trial, and post-trial procedure required under AS 26.05.520, enacted by sec. 4 09 of this Act, for cases before courts-martial and courts of inquiry, and other regulations that 10 may be necessary to implement this Act. The rules may not take effect before the effective 11 date of secs. 1 - 10 of this Act. 12  * Sec. 12. Section 11 of this Act takes effect immediately under AS 01.10.070(c). 13  * Sec. 13. Except as provided in sec. 12 of this Act, this Act takes effect July 1, 2016.