29B.58 - EFFECTIVE DATE OF SENTENCES.
29B.58 EFFECTIVE DATE OF SENTENCES.
1. When 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 shall apply
only to pay or allowances becoming due on or after the date the
sentence is approved by the convening authority. A forfeiture shall
not extend to any pay or allowances accrued before that date.
2. A 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, provided that credit be given
for confinement served prior to trial. Rules prescribed by the
adjutant general may provide that sentences of confinement shall 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 jurisdiction of
the convening authority, the person exercising general court-martial
jurisdiction, may in the person's discretion defer service of the
sentence to confinement. The deferral terminates when the sentence
is ordered executed. The deferral may be rescinded at any time by
the officer who granted it, or, if the accused is no longer under
jurisdiction of that officer, by the person exercising general
court-martial jurisdiction.
5. Unless otherwise provided in rules of the adjutant general, a
court-martial sentence of an enlisted member in pay grade above E-1,
that includes a discharge under other than honorable conditions or
confinement and that is approved by the convening authority reduces
the member to pay-grade E-1, effective on the date of the approval.
6. If the sentence of a member who is reduced in pay grade under
subsection 5 is set aside or disapproved, or, as finally approved,
does not include a punishment named in subsection 5, the rights and
privileges of which the member was deprived because of the reduction
shall be restored and the member is entitled to the pay and
allowances lost during the period the reduction was in effect. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.58; 82 Acts, ch 1042, § 35]
Referred to in § 29B.12