48-2927. (KCMJ Art. 72) Vacation of suspension.
48-2927
48-2927. (KCMJ Art. 72) Vacation of suspension.(a) Before the vacation of the suspension of a specialcourt-martial sentence which is approved includes a bad-conduct discharge,or of any general court-martial sentence, the officer having specialcourt-martial jurisdiction over the probationer shall hold a hearing on thealleged violation of probation. The probationer shall be represented at thehearing by counsel if the probationer so desires.
(b) The record of the hearing and the recommendation of the officerhaving special court-martial jurisdiction shall be sent for action to the officerexercising general court-martial jurisdiction over the probationer. If theofficer exercising such jurisdiction over the probationer vacates thesuspension, any unexecuted part of the sentence, except a dismissal, shallbe executed, subject to applicable restrictions in subsection (b) ofK.S.A. 48-2926. The vacationof the suspension of a dismissal is not effective until approved by theadjutant general.
(c) The suspension of any other sentence may be vacated by any authoritycompetent to convene, for the command in which the accused is serving orassigned, a court of the kind that imposed the sentence.
History: L. 1988, ch. 191, § 49; July 1.