South Dakota Codified Laws 33-10-55. Arrest in quarters or restriction–Notice regarding right to trial by court-martial
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Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. If the commanding officer determines that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court-martial. If the commanding officer determines that the punishment options do not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by courts-martial in lieu of nonjudicial punishment.
Terms Used In South Dakota Codified Laws 33-10-55
- Arrest: Taking physical custody of a person by lawful authority.
- Commanding officer: includes only commissioned officers of the state military forces and shall include officers in charge only when administering nonjudicial punishment pursuant to this code. See South Dakota Codified Laws 33-10-20
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 2012, ch 175, § 36.