Ill. Admin. Code tit. 95 § 400.100

Current through Register Vol. 48, No. 49, December 6, 2024

Section 400.100 - Introduction

a) This Part, the Illinois Manual for Courts-Martial, referenced in this Part as the Manual, shall be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay. The purpose of military law is to promote justice, to maintain good order and discipline, to promote efficiency and effectiveness in the military, and to strengthen the security of the United States and the State of Illinois. This Manual prescribes the policies and procedures pertaining to the administration of military justice and implements the Illinois Code of Military Justice [ 20 ILCS 1807 ] (the Code), applicable portions of the federal Uniform Code of Military Justice (UCMJ), and the Manual for Courts-Martial, United States (2012) (MCM).

b) To the extent allowed by Illinois law and as prescribed by the Code, this Manual reflects the MCM. Hence, this Manual must be construed so as to make it uniform, so far as practical, with the MCM. This Manual will be interpreted to include procedures and forms (e.g., DD Form 458, Charge Sheet) contained in the MCM and not contained in this Manual that may be needed from time-to-time in the administration of justice.

c) Insofar as any reference to the United States, President, or other federal official exists in the MCM, that reference encompasses the State, the Governor or State official, as appropriate.

d) Code Section 36 vests the Adjutant General of Illinois with the authority to make or adopt rules and regulations (this Manual) in conformity with the Code that, as nearly as practicable, must conform with the rules and regulations governing the U.S. armed forces. If this Manual differs from the rules and regulations governing the U.S. armed forces, this Manual shall apply.

e) There is no substitute for strong and effective military leadership. Commanders, officers, and non-commissioned officers should not attempt to replace leadership with military justice and punitive measures, except as a last resort and as punishment for offenses that have been committed. Proper leadership, guidance and counseling can be effective in preserving good order and discipline within the State military forces (SMF) and should reduce the need for use of the military justice system.

Ill. Admin. Code tit. 95, § 400.100

Adopted at 41 Ill. Reg. 11931, effective 9/14/2017.