[§124B-103] Limited authority to act on sentence in specified post-trial circumstances.

780 words·~4 min read·/hi/124b-103

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The convening authority of a general or special court-martial described in subsection (b):

(1)May act on the sentence of the court-martial only as provided in subsection (f), (g), (i), or (j); and

(2)Shall not act on the findings of the court-martial.

(b)The courts-martial referred to subsection

(a)are the following:

(1)A general or special court-martial in which the maximum sentence of confinement for any offense of which the accused is found guilty is more than two years;

(2)A general or special court-martial in which the total of the sentences of confinement imposed, running consecutively, is more than six months;

(3)A general or special court-martial in which the sentence imposed includes a dismissal or dishonorable or bad-conduct discharge; and

(4)A general or special court-martial in which the accused is found guilty of sexual assault in the first degree or continuous sexual assault of a minor under fourteen years of age or other offense as prescribed by the governor or adjutant general by rule.

(c)Except as provided in subsection (j), the convening authority shall act under this section only before entry of judgment.

(d)In accordance with rules adopted by the governor or adjutant general, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.

(e)Except as provided in subsection (g), (i), or (j), the convening authority shall not reduce, commute, or suspend any of the following sentences:

(1)A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six months; or

(2)A sentence of dismissal or dishonorable or bad-conduct discharge.

(f)The convening authority may reduce, commute, or suspend any sentence not specified in subsection (e).

(g)Upon recommendation of the military judge, as included in the statement of trial results, together with an explanation of the facts supporting the recommendation, the convening authority may suspend:

(1)A sentence of confinement, in whole or in part; or

(2)A sentence of dismissal or dishonorable or bad-conduct discharge.

(h)Except as provided in subsection

(i)or (j), the convening authority under subsection

(g)shall not suspend:

(1)A mandatory minimum sentence; or

(2)A sentence to an extent in excess of the suspension recommended by the military judge.

(i)Upon recommendation by the trial counsel, if the accused, after sentencing and before entry of judgment, provides substantial assistance in the investigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.

(j)Upon a recommendation by a trial counsel designated in accordance with rules adopted by the governor or adjutant general, if the accused after entry of judgment provides substantial assistance in the investigation or prosecution of another person, a convening authority as designated by rules may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.

(k)In evaluating whether the accused has provided substantial assistance under this section, the convening authority may consider the pre-sentence assistance of the accused.

(l)In determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense in accordance with rules adopted by the governor or adjutant general. The rules shall include:

(1)Procedures for notice of the opportunity to make submissions;

(2)The deadlines for submissions; and

(3)Procedures for providing the accused and any victim of an offense with a copy of the recording of any open sessions of the court-martial and copies of or access to any admitted, unsealed exhibits.

(m)The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless the matters were presented as evidence at trial and not excluded at trial.

(n)The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.

(o)If the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for the action.

(p)If the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the military judge for appropriate modification of the entry of judgment, which shall be transmitted to the senior force judge advocate for appropriate action. [L 2022, c 286, pt of §2]