Ill. Admin. Code tit. 95 § 400.1210

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

Section 400.1210 - Authority

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.

Ill. Admin. Code tit. 95, § 400.1210

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