35.282 Deferment of sentences.

339 words·~2 min read·/ky/chapter-35/35-282

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

(1)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

that person's jurisdiction, the person exercising general court-martial jurisdiction

over the command to which the accused is currently assigned, may in that person's

sole discretion defer service of the sentence of confinement. The deferment shall

terminate when the sentence is ordered executed. The deferment may be rescinded

at any time by the person who granted it or, if the accused is no longer under that

person's jurisdiction, by the person exercising general court-martial jurisdiction over

the command to which the accused is currently assigned.

(a)In any case in which a court-martial sentences an accused referred to in

paragraph

(b)of this subsection to confinement, the convening authority may

defer the service of the sentence to confinement, without the consent of the

accused, until after the accused has been permanently released to the state

military forces by a state, the United States, or a foreign country referred to in

paragraph

(b)of this subsection.

(b)Paragraph

(a)of this subsection applies to a person subject to this code who:

1. While in the custody of a state, the United States, or a foreign country is

temporarily returned by that state, the United States, or a foreign country

to the state military forces for trial by court-martial; and

2. After the court-martial, is returned to that state, the United States, or a

foreign country under the authority of an agreement or treaty, as the case

may be.

(c)In this subsection, the term "state" includes the District of Columbia and any

commonwealth, territory, or possession of the United States.

(3)In any case in which a court-martial sentences an accused to confinement and the

sentence to confinement has been ordered executed, but in which review of the case

under KRS 35.333 is pending, the adjutant general may defer further service of the

sentence to confinement while that review is pending.