Section 32.1058 - Sentence of confinement; execution; discipline and treatment to which imprisoned person subject; omission of words “hard labor” from sentence; duty of keeper or officer in charge of
MICHIGAN CODE OF MILITARY JUSTICE OF 1980 (EXCERPT)
Act 523 of 1980
32.1058 Sentence of confinement; execution; discipline and treatment to which imprisoned person subject; omission of words “hard labor” from sentence; duty of keeper or officer in charge of county jail to receive or confine prisoner; form of writ; fine; commitment of accused upon failure to pay fine; form; proceeds of fines; costs of prosecution.
Sec. 58.
(1) A sentence of confinement issued by a court-martial may be carried into execution by confinement in a place allowed by section 10 as designated by the convening authority. A person confined is subject to the same discipline and treatment as a person imprisoned by a civil court of the state.
(2) The omission of the words, "hard labor", from a sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.
(3) The keeper or officer in charge of a county jail shall receive a person ordered into confinement before trial by the convening authority and a person sentenced to confinement by a military court and shall confine the persons according to law. A keeper or officer in charge shall not require payment of a fee or compensation for receiving or confining the prisoner.
(4) If a sentence of confinement is imposed, the convening authority shall issue a writ in the following or similar form:
STATE OF MICHIGAN) ) COUNTY OF _______) To duly authorized law officers of ______ county, state of Michigan: WHEREAS, ___________________ of _________________ in the county (name of accused) (unit designation) of ____________________, a member of the Michigan national guard, was on the ____ day of _________, 19___, tried by a court-martial and found guilty of ______________________________________________ (offense) in violation of the Michigan code of military justice of 1979 and was sentenced to serve _____ days' imprisonment; and WHEREAS, as the sentence was approved and ordered executed by the convening authority on the ____ day of __________, 19____. THEREFORE, you are commanded to take ____________________ and (name of accused) commit him or her to the keeper of the jail, who is commanded to receive _______________________ and keep him or her safely (name of accused) for the term of ____ days, after which he or she shall be released. This writ shall be returned to the convening authority not later than 60 days after the issuance of the writ. Dated at _______________ in the county of ____________ this _______ day of ________________, 19 _____. _____________________________________ (name, rank, branch, organization, and designation as convening authority)(5) A fine imposed as a sentence of a court-martial shall be paid at the time of approval of the sentence by the convening authority. Upon failure to pay the fine, the convening authority shall order the accused committed to a location designated pursuant to section 10 until the fine is paid or until 1 day is served for each $1.00 of the fine imposed.
(6) The commitment to the appropriate location will be in the following or similar form:
STATE OF MICHIGAN) ) COUNTY OF _______) To the sheriff of _______________________ county, state of Michigan. WHEREAS _______________________ of ___________________ in the (name of accused) (unit designation) county of _______________, a member of the Michigan national guard, was on the __ day of ____, 19__ tried by a court-martial and found guilty of _______________________ in (offense) violation of the Michigan code of military justice of 1979 and was sentenced to pay a fine of ____________ dollars; and WHEREAS, the fine has not been paid; NOW, THEREFORE, by authority of the state of Michigan, you are commanded to take _____________________________________________ (name of accused) and commit him or her to the keeper of the jail in the county of _________________, who is commanded to receive __________________ (name of accused) and keep him or her safely until he or she pays the sum above mentioned, or shall have served 1 day for each $1.00 of the fine imposed, after which time he or she shall be released. This writ shall be returned to the convening authority not later than 60 days after the issuance of the writ. Dated at ___________ in the county of ________________ this _____ day of _____________________, 19_____. _____________________________________ (name, rank, branch, organization, and designation as convening authority)(7) The proceeds of all fines in summary, special, and general courts-martial cases shall be paid to the general fund of this state. The costs of prosecution shall be paid out of the funds appropriated to the office of the adjutant general.
History: 1980, Act 523, Eff. Mar. 31, 1981