§ 30-13-4. Court-martial of dismissed officer.
(a) If any commissioned officer, dismissed by order of the governor, makes a written application for trial by court-martial, setting forth, under oath, that he or she has been wrongfully dismissed, the governor, as soon as practicable, shall convene a general court-martial to try that officer on charges on which the he or she was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and the officer shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he or she is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused or if the sentence adjudged, as finally approved or affirmed, does not include dismissal, the chief of staff to the governor shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(b) If the governor fails to convene a general court-martial within six (6) months from the presentation of an application for trial under this code, the chief of staff to the governor shall substitute for the dismissal ordered by the governor a form of discharge authorized for administrative issue.
(c) If a discharge is substituted for a dismissal under this code, the governor alone may reappoint the officer to such a commissioned grade and with such rank as, in the opinion of the governor, that former officer would have attained had he or she not been dismissed. The reappointment of a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.
(d) If an officer is discharged from the organized militia by administrative action or by board proceedings under law, or is dropped from the rolls by order of the governor, he or she has no right to trial under this section.
History of Section.G.L. 1956, § 30-13-4; P.L. 1962, ch. 82, § 1.
Structure Rhode Island General Laws
Title 30 - Military Affairs and Defense
Chapter 30-13 - Rhode Island Code of Military Justice
Section 30-13-1. - Definitions.
Section 30-13-2. - Persons subject to code.
Section 30-13-3. - Jurisdiction to try certain personnel.
Section 30-13-4. - Court-martial of dismissed officer.
Section 30-13-5. - Territorial applicability of code.
Section 30-13-6. - Judge advocates and legal officers.
Section 30-13-7. - Authority to apprehend.
Section 30-13-8. - Apprehension of deserters.
Section 30-13-9. - Imposition of restraint.
Section 30-13-10. - Restraint of persons charged with offenses.
Section 30-13-11. - Confinement in jails.
Section 30-13-12. - Reports and receiving of prisoners.
Section 30-13-13. - Punishment prohibited before trial.
Section 30-13-14. - Delivery of offenders to civil authorities.
Section 30-13-15. - Nonjudicial punishment.
Section 30-13-16. - Courts-martial — Composition.
Section 30-13-17. - Jurisdiction of courts-martial — In general.
Section 30-13-18. - Jurisdiction of general courts-martial.
Section 30-13-19. - Jurisdiction of special courts-martial.
Section 30-13-20. - Jurisdiction of summary courts-martial.
Section 30-13-21. - Sentences to be approved by governor.
Section 30-13-23. - Confinement in default of payment of fine.
Section 30-13-24. - Who may convene general courts-martial.
Section 30-13-25. - Who may convene special courts-martial.
Section 30-13-26. - Who may convene summary courts-martial.
Section 30-13-27. - Who may serve on courts-martial.
Section 30-13-28. - Law officer of a general court-martial.
Section 30-13-29. - Detail of trial counsel and defense counsel.
Section 30-13-30. - Reporters and interpreters.
Section 30-13-31. - Absent and additional court-martial members.
Section 30-13-32. - Charges and specifications.
Section 30-13-33. - Compulsory self-incrimination prohibited.
Section 30-13-34. - Investigation.
Section 30-13-35. - Forwarding of charges.
Section 30-13-36. - Advice of state judge advocate and reference for trial.
Section 30-13-37. - Service of charges.
Section 30-13-38. - Confinement pending trial — Bail.
Section 30-13-39. - Governor may prescribe procedure.
Section 30-13-40. - Unlawfully influencing action of court.
Section 30-13-41. - Duties of trial counsel and defense counsel.
Section 30-13-43. - Continuances.
Section 30-13-44. - Challenges.
Section 30-13-46. - Statute of limitations.
Section 30-13-47. - Double jeopardy.
Section 30-13-48. - Entering of not-guilty plea by court.
Section 30-13-49. - Opportunity to obtain witnesses and other evidence.
Section 30-13-50. - Refusal to appear or testify.
Section 30-13-52. - Depositions.
Section 30-13-53. - Admissibility of records of courts of inquiry.
Section 30-13-54. - Voting and rulings by court-martial.
Section 30-13-55. - Number of votes required.
Section 30-13-56. - Court to announce action.
Section 30-13-57. - Record of trial.
Section 30-13-58. - Cruel and unusual punishment prohibited.
Section 30-13-59. - Maximum limits.
Section 30-13-60. - Effective date of sentences.
Section 30-13-61. - Execution of confinement.
Section 30-13-62. - Approval of sentence.
Section 30-13-63. - Initial action on the record.
Section 30-13-64. - Opinion of judge advocate.
Section 30-13-65. - Reconsideration and revision of record.
Section 30-13-66. - Rehearings.
Section 30-13-67. - Approval by convening authority.
Section 30-13-68. - Review of records.
Section 30-13-69. - Error of law — Lesser included offense.
Section 30-13-70. - Review counsel.
Section 30-13-71. - Vacation of suspension.
Section 30-13-72. - Petition for new trial.
Section 30-13-73. - Remission and suspension of sentence — Substitution of administrative discharge.
Section 30-13-74. - Restoration following sentence set aside.
Section 30-13-75. - Finality of proceedings, findings, and sentences.
Section 30-13-76. - Persons to be tried or punished.
Section 30-13-77. - Principals.
Section 30-13-78. - Accessory after the fact.
Section 30-13-79. - Lesser included offenses.
Section 30-13-81. - Conspiracy.
Section 30-13-82. - Solicitation.
Section 30-13-83. - Fraudulent enlistment, appointment, or separation.
Section 30-13-84. - Unlawful enlistment, appointment, or separation.
Section 30-13-85. - Desertion.
Section 30-13-86. - Absence without leave.
Section 30-13-87. - Missing movement.
Section 30-13-88. - Contempt towards officials.
Section 30-13-89. - Disrespect towards superior commissioned officer.
Section 30-13-90. - Assaulting or willfully disobeying superior commissioned officer.
Section 30-13-92. - Failure to obey order or regulation — Derelict performance.
Section 30-13-93. - Cruelty and maltreatment.
Section 30-13-94. - Mutiny or sedition.
Section 30-13-95. - Resistance, breach of arrest, and escape.
Section 30-13-96. - Releasing prisoner without proper authority.
Section 30-13-97. - Unlawful detention of another.
Section 30-13-98. - Noncompliance with procedural rules.
Section 30-13-99. - Misbehavior before the enemy.
Section 30-13-100. - Subordinate compelling surrender.
Section 30-13-101. - Improper use of countersign.
Section 30-13-102. - Forcing a safeguard.
Section 30-13-103. - Captured or abandoned property.
Section 30-13-104. - Aiding the enemy.
Section 30-13-105. - Misconduct of prisoner of war.
Section 30-13-106. - False official statements.
Section 30-13-107. - Military property — Loss, damage, destruction, or wrongful disposition.
Section 30-13-108. - Property other than military property — Waste, spoilage, or destruction.
Section 30-13-109. - Improper hazarding of vessel.
Section 30-13-110. - Drunken or reckless driving.
Section 30-13-111. - Drunk on duty — Sleeping on post — Leaving post before relief.
Section 30-13-113. - Malingering.
Section 30-13-114. - Riot or breach of peace.
Section 30-13-115. - Provoking speeches or gestures.
Section 30-13-117. - Frauds against government.
Section 30-13-118. - Larceny and wrongful appropriation.
Section 30-13-119. - Unbecoming conduct.
Section 30-13-120. - General disorders and neglect.
Section 30-13-121. - Courts of inquiry.
Section 30-13-122. - Authority to administer oaths.
Section 30-13-123. - Provisions to be explained.
Section 30-13-124. - Complaints of wrongs.
Section 30-13-125. - Redress of injuries to property.
Section 30-13-126. - Execution of processes and sentences.
Section 30-13-127. - Process of military courts.
Section 30-13-128. - Payment of fines and disposition thereof.
Section 30-13-129. - Immunity for action of military courts.
Section 30-13-130. - Presumption of jurisdiction.
Section 30-13-131. - Delegation of authority by governor.
Section 30-13-132. - Conformity to federal law.
Section 30-13-133. - Expenses of courts.