{"data":{"id":"us-ky/krs-35.070","jurisdiction":"us-ky","citation":"KRS 35.070","heading":"Commanding officer's nonjudicial punishment.","body":"(1) Under such regulations as prescribed, any commanding officer, and for purposes of\nthis section, officers -in-charge, may impose disciplinary punishments for minor\noffenses without the intervention of a court -martial pursuant to this section. The\nGovernor, the adjutant general, or an officer of a general or flag rank in command\nmay delegate the powers under this section to a principal assistant who is a member\nof the state military forces.\n(2) Any commanding officer may impose upon enlisted members of the off icer's\ncommand:\n(a) An admonition;\n(b) A reprimand;\n(c) The withholding of privileges for not more than six (6) months;\n(d) The forfeiture of pay of not more than seven (7) days' pay;\n(e) A fine of not more than seven (7) days' pay;\n(f) A reduction to the next inferior pay grade if the grade from which demoted is\nwithin the promotion authority of the officer imposing the reduction or any\nofficer subordinate to the one who imposes the reduction;\n(g) Extra duties, including fatigue or other duties, for not mo re than fourteen (14)\ndays, which need not be consecutive; and\n(h) Restriction to certain specified limits, with or without suspension from duty,\nfor not more than fourteen (14) days, which need not be consecutive.\n(3) Any commanding officer of the grade o f major or lieutenant commander or above\nmay impose upon enlisted members of the officer's command:\n(a) Any punishment authorized in subsection (2)(a), (b), and (c) of this section;\n(b) The forfeiture of not more than fourteen (14) days' pay;\n(c) A fine of not more than fourteen (14) days' pay;\n(d) A reduction to the lowest or any intermediate pay grade, if the grade from\nwhich demoted is within the promotion authority of the officer imposing the\nreduction or any officer subordinate to the one who imposes the reduction, but\nan enlisted member in a pa y grade above E -4 may not be reduced more than\ntwo (2) pay grades;\n(e) Extra duties, including fatigue or other duties, for not more than forty -five\n(45) days which need not be consecutive; and\n(f) Restriction to certain specified limits, with or without s uspension from duty,\nfor not more than sixty (60) days which need not be consecutive.\n(4) The Governor, the adjutant general, an officer exercising general court -martial\nconvening authority, or an officer of a general or flag rank in command may\nimpose:\n(a) Upon officers in the officer's command:\n1. Any punishment authorized in paragraph (a), (b), (c), or (f) of subsection\n(3) of this section; and\n2. Arrest in quarters for not more than thirty (30) days which need not be\nconsecutive;\n(b) Upon enlisted members of the officer's command, any punishment authorized\nin subsection (3) of this section.\n(5) Whenever any of those punishments are combined to run consecutively, the total\nlength of the combined punishment cannot exceed the authorized duration of the\nlongest punishment in the combination, and there must be an apportionment of\npunishments so that no single punishment in the combination exceeds its authorized\nlength under this section.\n(6) Prior to the offer of non -judicial punishment, the commanding officer  shall\ndetermine whether arrest in quarters, restriction, forfeiture, or fine shall be\nconsidered as punishments. Should the commanding officer determine that the\npunishment options may include arrest in quarters, restriction, forfeiture, or fine, the\naccused shall be notified of the right to demand a trial by court -martial. Should the\ncommanding officer determine that the punishment options will not include arrest in\nquarters, restriction, forfeiture, or fine, the accused shall be notified that there is no\nright to trial by courts-martial in lieu of non-judicial punishment.\n(7) The officer who imposes punishment, or the successor in command, may, at any\ntime, suspend, set aside, mitigate, or remit any part or amount of the punishment\nand restore all rights,  privileges, and property affected. The officer also may\nmitigate:\n(a) Reduction in grade to forfeiture of pay;\n(b) Arrest in quarters to restriction; or\n(c) Extra duties to restriction.\nThe mitigated punishment shall not be for a greater period than the punishment\nmitigated. When mitigating reduction in grade to forfeiture of pay, the amount of\nthe forfeiture shall not be greater than the amount that could have been imposed\ninitially under this section by the officer who imposed the punishment mitigated.\n(8) A person punished under this section who considers the punishment unjust or\ndisproportionate to the offense may, through the proper channel, appeal to the next\nsuperior authority within fifteen (15) days after the punishment is either announced\nor sent  to the accused, as the commander may determine. The appeal shall be\npromptly forwarded and decided, but the person punished may in the meantime be\nrequired to undergo the punishment adjudged. The superior authority may exercise\nthe same powers with respect to the punishment imposed as may be exercised under\nsubsection (7) of this section by the officer who imposed the punishment. Before\nacting on an appeal from a punishment, the authority that is to act on the appeal may\nrefer the case to a judge advocate for consideration and advice.\n(9) The imposition and enforcement of disciplinary punishment under this section for\nany act or omission is not a bar to trial by court -martial or a civilian court of\ncompetent jurisdiction for a serious crime or offense growi ng out of the same act or\nomission, and not properly punishable under this section; but the fact that a\ndisciplinary punishment has been enforced may be shown by the accused upon trial,\nand when so shown shall be considered in determining the amount of punishment to\nbe adjudged in the event of a finding of guilty.\n(10) Whenever a punishment of forfeiture of pay is imposed as provided in this section,\nthe forfeiture may apply to pay accruing before, on, or after the date that punishment\nis imposed.\n(11) Regulations may prescribe the form of forfeiture of records to be kept of\nproceedings under this section and may prescribe that certain categories of those\nproceedings shall be in writing.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45081","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:51Z","sha256":"6e34e5da01ea97ba8cfd58cf50e3d3e2c730768322e188557aa1dd2dc1b09221","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.065","next":"us-ky/krs-35.075"},"notice":"GroundRules: Original legal text. Not legal advice."}