Page 214 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9917

grounds provided in subclause (I) or (II) of this subparagraph and the military judge determines
that:
(I) the maximum authorized confinement for the offense it alleges would be
greater than two years if the ofiense were tried by a general comt-martial, with the exception of
a specification alleging wrongful use or possession of a controlled substance in violation of
Article 112a(b) or an attempt thereof under Article 80; or
(II) the specification alleges an offense for which sex offender notification
would be required under regulations issued by the Secretary of Defense.
(ii) Ifthe accused objects to trial by a special court-mattial consisting of a military judge
alone under Article 16(c)(2)(A), and the military judge makes a determination under clause (i),
trial may be ordered by a special court-martial under Article 16(c)(I) or a general court-martial
as may be appropriate.
(3) Summary courts-martial. See R.C.M. 1301(c) and (d)(l ).
(g) Concurrent jurisdiction of other military tribunals. The provisions of the UCMJ and this
Manual conferring jurisdiction upon courts-martial do not deprive military commissions, provost
courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses
that by statute or by the law of war may be tried by military commissions, provost courts, or other
military tribunals.

Rule 202. Persons subject to the jurisdiction of courts-martial
(a) In general. Courts-martial may try any person when authorized to do so under the UCMJ.
(b) Offenses under the law (?f 1-var. Nothing in this rule limits the power of general courts-martial
to try persons under the law ofwar. See R.C.M. 20l(f)(l)(B).
(c) Attachment l!fiurisdiction over the person.
(1) In general. Court-martial jurisdiction attaches over a person when action with a view to
trial of that person is taken. Once court-martial jurisdiction over a person attaches, such
jurisdiction shall continue for all purposes of trial, sentence, and punishment, notwithstanding
the expiration of that person's tenn of service or other period in which that person was subject to
the UCMJ or trial by court-martial. When jurisdiction attaches over a Servicemember on active
duty, the Servicemember may be held on active duty over objection pending disposition of any
offense for which held and shall remain subject to the UCMJ during the entire period.
(2) Procedure. Actions by which court-martial jurisdiction attaches include: apprehension;
imposition of restraint, such as restriction, arrest, or confinement; and preferral of charges.

Rule 203. Jurisdiction over the offense
To the extent permitted by the Constitution, courts-martial may try any ofiense under the
UCMJ and, in the case of general courts-martial, the law of war.

Rule 204. Jurisdiction over certain reserve component personnel
(a) Service regulations. The Secretary concerned shall prescribe regulations setting forth rules
and procedures for the exercise of court-martial jurisdiction and nonjudicial punishment
authority over reserve component personnel under Article 2(a)(3) and 2(d), subject to the
limitations of this Manual and the UCMJ.
(b) Courts-martial.
(1) General and special court-martial proceedings. A member of a reserve component
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must be on active duty prior to arraignment at a general or special court-martial. A member
ordered to active duty pursuant to Article 2(d) may be retained on active duty to serve any