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Delaware Laws | Title 20 Military and Civil Defense
CHAPTER 1. DELAWARE NATIONAL GUARD
Subchapter IV. Courts-Martial and Sentences

(b) Any sentence to incarceration by a general or special court-martial shall not be executed until approved by the Adjutant General. (322)

(c) Any sentence to incarceration by a general or special court-martial shall be required to be served only when the service member is on regular duty on annual training or has already been activated for state service under subchapter V of this chapter. (323)

(d) The Department of Correction shall receive and confine all military offenders committed to its custody by order of court-martial approved by the Adjutant General. (324)

(Code 1915, Sec. 310D; 33 Del. Laws, c. 46, Sec. 1; Code 1935, Sec. 277; 20 Del. C. 1953, Sec. 155; 64 Del. Laws, c. 258, Sec. 1; 72 Del. Laws, c. 106, Sec. 14.) (325)

When not in federal service, sentence of dismissal or dishonorable or bad conduct discharge from the service imposed by court-martial shall not be executed until approved by the Governor. (326)

(Code 1915, Sec. 310E; 33 Del. Laws, c. 46, Sec. 1; Code 1935, Sec. 278; 20 Del. C. 1953, Sec. 156; 64 Del. Laws, c. 258, Sec. 1.) (327)

The President, Military Judge, or Summary Court Officer of any court-martial convened under this title may: (328)

(1) Issue warrants, subpoenas or subpoenas duces tecum to compel appearance at a court-martial or to enforce the Court's judgments. (329)

(2) Issue such other process as is necessary to exercise the Court's jurisdiction. (330)

(3) Punish persons subject to the Delaware Code of Military Justice for contempt of court under the procedures of the Uniform Code of Military Justice; provided, however, that no punishment imposed may exceed that authorized for violation of Sec. 1271 of Title 11. (331)

Any warrant or subpoena under this section may be served or executed by the Sheriff, any constable, law enforcement officer, military policeman or provost marshal designated for this purpose. (332)

(Code 1915, Sec. 310F; 33 Del. Laws, c. 46, Sec. 1; Code 1935, Sec. 279; 20 Del. C. 1953, Sec. 157; 64 Del. Laws, c. 258, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 72 Del. Laws, c. 106, Sec. 15.) (333)

(a) Any member of the Delaware National Guard who fails to obey a subpoena issued by a court-martial shall be punished by the court-martial under the terms of the Uniform Code of Military Justice as adopted by regulation of the Delaware National Guard. (334)

(b) Any person not a member of the Delaware National Guard who willfully fails to obey a subpoena issued by a court-martial shall be guilty of criminal contempt of court under Sec. 1271(3) of Title 11. (335)

(Code 1915, Sec. 310I; 33 Del. Laws, c. 46, Sec. 1; Code 1935, Sec. 282; 20 Del. C. 1953, Sec. 158; 64 Del. Laws, c. 258, Sec. 1; 72 Del. Laws, c. 106, Sec. 16.) (336)

(a) Upon approval of the sentence of any court-martial to pay a fine by the court-martial convening authority, the fine so imposed shall be immediately due and payable to the Delaware National Guard Courts-Martial Fund, through the commander of the member's unit to be forwarded to the Adjutant General. (337)

(b) Any fine or forfeiture imposed by sentence of court-martial or non-judicial punishment collected by the Adjutant General shall be paid over to the Delaware National Guard Courts-Martial Fund. (338)

(Code 1915, Sec. 310G; 33 Del. Laws, c. 46, Sec. 1; 37 Del. Laws, c. 35, Sec. 1; Code 1935, Sec. 280; 20 Del. C. 1953, Sec. 159; 64 Del. Laws, c. 258, Sec. 1; 72 Del. Laws, c. 106, Sec. 17.) (339)

Whoever, being a sheriff, constable or prison warden neglects or refuses to: (340)

(1) Execute any process, or (341)

(2) Make proper return of all fines and penalties collected, (342)

shall be fined $100 for each such offense for the use of this State. (343)

(Code 1915, Sec. 310K; 33 Del. Laws, c. 46, Sec. 1; Code 1935, Sec. 284; 20 Del. C. 1953, Sec. 162; 64 Del. Laws, c. 258, Sec. 1.) (344)

Any commanding officer of the Delaware National Guard, not in federal service, may, in addition to or in lieu of admonition or reprimand, impose nonjudicial punishment in a like manner and to the extent prescribed by Article 15 of the Uniform Code of Military Justice, Manual for Courts-Martial, United States, 1968, as amended, as adopted by regulation of the Delaware National Guard. (345)

(64 Del. Laws, c. 258, Sec. 1.) (346)

Military and Civil Defense Military (347)

Subchapter V. Calling Out of National Guard (348)(Text)

Sec. 171. Governor as Commander in Chief; call out of National Guard for state duty. (349)(Text)

(a) When the Governor has determined that it is in the best interest of the state, the Governor by order may: (350)

(1) Call out any unit or units, member or members of the Delaware National Guard to serve in a state duty status to respond to any emergency situation. (351)

(2) Call out any member or members of the Delaware National Guard to serve on state duty status to plan for any emergency. (352)

(3) Call out any unit or units, member or members of the Delaware National Guard to serve on state duty to fulfill obligations under any interstate emergency agreements or compacts; and such troops may be employed within or outside of Delaware as required by the agreement or compact. (353)

(4) Call out units or members of the Delaware National Guard for training or review as deemed appropriate subject to funding availability. (354)

(b) The Governor shall serve as commander-in-chief of the Delaware National Guard when it is not in federal service. (355)

(20 Del. Laws, c. 392, Sec. 42; 22 Del. Laws, c. 284, Sec. 1; 24 Del. Laws, c. 62,Sec. 4; Code 1915, Sec.Sec. 311, 325; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 285; 47 Del. Laws, c. 329, Sec. 6; 20 Del. C. 1953, Sec. 171; 64 Del. Laws, c. 258, Sec. 1; 72 Del. Laws, c. 106, Sec. 20.) (356)

Sec. 172. Proclamation of state of insurrection. (357)(Text)

Whenever any portion of the Delaware National Guard is employed in aid of the civil authority, the Governor, if in the Governor's judgment the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving, or any specified part thereof, to be in a state of insurrection. (358)

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