Section 40.180

Title V MILITARY AFFAIRS AND POLICE

Chapter 40

Effective - 28 Aug 1984   

  40.180.  Sentence, forfeiture of pay or allowance, effective when — confinement, begins to run, when, exceptions, how computed — defer service of sentence, when. — 1.  Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay or allowances accrued before that date.

  2.  Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.  Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.

  3.  All other sentences of courts-martial are effective on the date ordered executed.

  4.  On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under the convening authority's jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in sole discretion defer service of the sentence to confinement.  The deferment shall terminate when the sentence is ordered executed.  The deferment may be rescinded at any time by the officer who granted it or, if the accused is no^* longer under the officer's jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

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(L. 1984 H.B. 1035 § 58)

*Word "not" appears in original rolls.