Section 26.05.360. Regulations; adopting military justice procedures and nonjudicial punishment.

   (a) The adjutant general shall adopt regulations consistent with this chapter for members of the militia. The regulations must be approved by the governor.
   (b) The regulations adopted under this section must
        (1) provide for nonjudicial punishment; the regulations for nonjudicial punishment may not provide for confinement or separation from military service or prohibit a member of the militia from declining the imposition of nonjudicial punishment in favor of a court-martial;
        (2) as the adjutant general and the governor consider practicable, apply the principles of law and the rules of evidence and procedure governing military criminal cases in the courts of the armed forces of the United States, but may not be contrary to or inconsistent with this chapter or the applicable Alaska Rules of Evidence;
        (3) include rules of pretrial, trial, and post-trial procedure, including methods of proof, for cases before courts-martial and courts of inquiry.
   (c) The regulations adopted under this section are exempt from AS 44.62 (Administrative Procedure Act).
   (d) The legislature may annul regulations adopted under this section by law.

Authorities

26.05.300;26.05.635

Notes

References

AS 26.05.300 - 26.05.330. Statement of policy on military justice; military courts for the Alaska militia; general court-martial; special court-martial; summary court-martial; appeal from court-martial convictions; expenses of military courts [Repealed, Sec. 9, ch.
AS 26.05.635 Leave required to be taken pending review of court-martial convictions.

History

(Sec. 4 ch 55 SLA 2016)

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