Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart K - NONJUDICIAL PUNISHMENT
Section 400.1210 - Authority
Universal Citation: 95 IL Admin Code ยง 400.1210
Current through Register Vol. 48, No. 12, March 22, 2024
a) Who May Impose Nonjudicial Punishment
1) Unless otherwise
specified in this Subpart, or if authority to impose NJP has been limited or
withheld by a superior commander (see subsection (a)(2)), any commander may
impose NJP on members of his or her command for minor offenses.
2) A commander at any level may withhold from
any subordinate commander all or part of the NJP authority that he or she would
otherwise have had under this Subpart, such as over certain categories of
military personnel, offenses or individual cases. The withholding action may be
oral, in writing, or incorporated in a permanent directive, but it must clearly
set out the specific authority withheld.
3) To impose NJP on officers, warrant
officers, or enlisted personnel in grades E-8 or E-9, the commander must be in
the rank of colonel or above and be assigned to at least a brigade/group/wing
command position.
4) If a commander
is the victim of a crime in his or her personal capacity (e.g., victim of an
assault or larceny), as opposed to his or her official capacity (e.g.,
violation of commander's order), that commander shall forward a report of the
incident to the next superior commander for review and appropriate
action.
b) Persons on Whom Nonjudicial Punishment May Be Imposed
NJP may be imposed on the following persons, regardless of whether the offense was committed inside or outside the State of Illinois:
1) Members of the SMF for
offenses committed while in a military duty or training status pursuant to 32
USC.
2) Members of the SMF for
offenses committed while in a State Active Duty status pursuant to orders of
the Governor.
3) All other persons
lawfully ordered to duty in or with the SMF for the time period stated in the
order or other directive.
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