39-1-38.5 - Utah Manual for Military Courts to be issued -- Military court jurisdiction.
39-1-38.5. Utah Manual for Military Courts to be issued -- Military courtjurisdiction.
(1) The adjutant general shall issue a Utah Manual for Military Courts that includes theUtah Code of Military Justice, and shall set forth the procedures, authority, and organization forconvening a military court in the state, conducting a pretrial investigation, and conductingpost-conviction military court and appellate processes.
(2) The military court shall have jurisdiction of misdemeanors and infractions. Eachoffense shall be punishable by incarceration in a county jail for no longer than one year, a fine ofnot more than $2,500, forfeiture of pay of not more than $2,500, detention of pay equivalent tothree months' pay for a period not to exceed one year, arrest in quarters for officers, restriction tospecified limits for enlisted members, extra duty for not more than 60 consecutive days,reprimands, reduction of enlisted members to the lowest enlisted grade, a bad conduct dischargefor enlisted members or dismissal for officers, or any combination of these.
(3) (a) The military court may order any person adjudged guilty of a criminal activity tomake restitution to any person or entity injured as a result of the criminal activity.
(b) "Criminal activity" means any offense under Title 39, Chapter 1 or 6, of which thedefendant is convicted or any other criminal conduct for which the defendant admits responsibilityto the sentencing court with or without admission of committing the criminal conduct.
(4) The military court may:
(a) suspend any portion of its sentence and impose conditions of probation;
(b) revoke suspension; or
(c) issue any orders necessary under Section 39-6-61 to execute any portion of thesentence that has been suspended.
(5) The military court may not impose combined forms of punishment that exceedconfinement for a period of one year or a fine of $2,500. This sentencing limitation does notapply to restitution ordered by the military court.
Amended by Chapter 198, 1996 General Session