NRS412.293. Use of formal proceeding if commanding officer determines punishment will include restraint-of-freedom punishments; notice to accused; accused entitled to counsel; commanding officer not bound by formal rules of evidence.

      1.  A commanding officer who, after preliminary inquiry, determines that the punishment options will include restraint-of-freedom punishments shall use a formal proceeding.

      2.  If the commanding officer determines that a formal 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 a formal proceeding;

      (c) The maximum punishments allowable under the formal proceeding;

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

      (e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;

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

      (g) The right of the accused to consult with a judge advocate and the location of such counsel;

      (h) The right of the accused to demand a trial by court-martial at any time before the imposition of the nonjudicial punishment; and

      (i) The right of the accused to appeal.

      3.  If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel, to gather matters in defense, extenuation and mitigation and to decide whether to accept the nonjudicial punishment or demand a trial by court-martial. This decision period must be at least 48 hours, depending on the availability of counsel, but such period may be extended at the request of the accused.

      4.  The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.

      (Added to NRS by 2013, 1096)