2013 Nevada Revised Statutes
Chapter 412 - State Militia
NRS 412.2925 - Use of summarized proceeding if commanding officer determines punishment will not include restraint-of-freedom punishments; notice to accused; accused not entitled to counsel; scheduling of hearing.

1. A commanding officer, after preliminary inquiry, may use a summarized proceeding if it is determined that punishment will not include restraint-of-freedom punishments.

2. A Summarized Record of Proceedings, under Article 15, UCMJ, as contained in Army Regulation 27-10, or AF Form 3070, as they may be amended or replaced, must be used to record the summarized nonjudicial punishment proceedings. However, the notification of the right to demand a trial by court-martial must be stricken from the form.

3. If a commanding officer who intends to impose nonjudicial punishment determines that a summarized proceeding is appropriate, the accused must be notified in writing of:

(a) The intent of the commanding officer to initiate nonjudicial punishment;

(b) The intent of the commanding officer to use summarized proceedings;

(c) The lack of a right on the part of the accused to demand a trial by court-martial;

(d) The maximum punishments allowable pursuant to the summarized proceeding;

(e) The right of the accused to remain silent;

(f) Each offense that the accused has allegedly committed with reference to the sections of the law allegedly violated;

(g) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation; and

(h) The right of the accused to appeal within the period set forth in subsection 4 of NRS 412.296.

4. If a commanding officer determines that a summarized proceeding is appropriate, the accused does not have the right to consult with counsel before the hearing and the accused does not have the right to counsel or a spokesperson during the hearing.

5. Consistent with the regulations applicable to the accused s service, if a hearing is scheduled, notification of the date and time of the hearing may be made orally or in writing. The hearing must be scheduled not earlier than 24 hours and not later than 60 days after the accused receives notification pursuant to subsection 3 of the intent of the commanding officer to impose nonjudicial punishment.

(Added to NRS by 2013, 1096)