Jurisdiction of Special Courts-Martial

(a)Subject to § 63716.1 of this Code, special courts-martial have jurisdiction to try persons subject to this Code, except commissioned officers, for any offense for which they may be punished under this Code. A special court-martial has the same powers of punishment as a general court-martial, except that a fine or confinement imposed by a special court-martial may not be more than a One Hundred Dollars ($100) fine or confinement of not more than one hundred

(100)days for each single offense and in no case may the total of such fine and jail time exceed One Hundred Dollars ($100) or one hundred

(100)days or a combined total of Two Hundred Dollars ($200) and two hundred

(200)days and a dismissal or dishonorable discharge may not be adjudged but, in its stead, a bad-conduct discharge may be adjudged.

(b)A bad-conduct discharge may not be adjudged unless a complete record of the proceedings and testimony was made, counsel having the qualifications prescribed under § 63718.1(b) of this Code was detailed to represent the accused, and a military judge was detailed to the trial. In all special courts-martial cases, except for a special court-martial authorized to adjudge a bad-conduct discharge, in which a military judge was not detailed to be held but the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.