29B.68 - VACATION OF SUSPENSION.
29B.68 VACATION OF SUSPENSION.
Before the vacation of the suspension of a special court-martial
sentence which as approved includes a discharge under other than
honorable conditions, a dismissal, or a confinement, or of any
general court-martial sentence, the officer having special
court-martial jurisdiction over the probationer shall hold a hearing
on the alleged violation of probation. The probationer shall be
represented at the hearing by counsel if the probationer so desires.
The record of the hearing and the recommendation of the officer
having special court-martial jurisdiction shall be sent for action to
the adjutant general in cases involving a general court-martial
sentence and to the commanding officer of the force of state military
forces of which the probationer is a member in all other cases
covered by this section. If the adjutant general or commanding
officer vacates the suspension, any unexecuted part of the sentence
except a dismissal shall be executed.
The suspension of any other sentence may be vacated by any
authority competent to convene, for the command in which the accused
is serving or assigned, a court of the kind that imposed the
sentence. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.68; 82 Acts, ch 1042, § 40]