26-209. Commitment of accused for failure to pay fine; warrant; length of confinement; judgment by justice of the peace based on findings of court-martial; execution; classification

A. If an accused fails or refuses to pay the fine imposed by a military court within the time and manner specified in section 26-208, the president of the military court shall, within ten days after expiration of the time within which the accused may appeal, or, if an appeal is taken, within ten days after final determination thereof, issue a warrant of commitment in the name of the state directed to the sheriff, and commanding him to arrest the accused and take him to the jail of the city, town or county in which he is found. Confinement for refusal to pay a fine shall be one day for each ten dollars or fraction of the fine, penalty and costs. The accused may, by order of the officer ordering the court, be released at any time.

B. The court may, in its discretion, and within the time prescribed by subsection A of this section, file an authenticated copy of the findings of the court-martial with the justice of the peace in the precinct in which the accused resides. The justice of the peace shall thereupon render judgment against the accused, with costs, without issuing summons, and shall issue execution thereon directed to the sheriff or to the constable of the precinct. The sheriff or constable shall collect the fine and costs by execution as at law.

C. A justice of the peace who intentionally fails to carry out the provisions of this section is guilty of a petty offense.