Section 26.05.620. Vacation of suspension.

   (a) A probationer serving a period of probation under a sentence suspended by a special court-martial that, as approved, includes a bad-conduct discharge, or a suspended general court-martial sentence, is entitled to a hearing before the suspension is vacated. The probationer shall be represented at the hearing by military counsel if the probationer requests representation.
   (b) If the suspended sentence was imposed by a special court-martial, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, the unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in the code of military justice.
   (c) The suspension of another sentence may be vacated by an authority for the command in which the accused is serving or detailed who is competent to convene a court of the kind that imposed the sentence.

Notes

History

(Sec. 4 ch 55 SLA 2016)