35.294 Sentences: forfeiture of pay and allowances during confinement.

297 words·~1 min read·/ky/chapter-35/35-294

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

(a)A court-martial sentence described in paragraph

(b)of this subsection shall

result in the forfeiture of pay, or of pay and allowances, due that member

during any period of confinement or parole. The forfeiture pursuant to this

article shall take effect on the date determined under KRS 35.282 and may be

deferred as provided by that section. The pay and allowances forfeited, in the

case of a general court-martial, shall be all pay and allowances due that

member during that period and, in the case of a special court-martial, shall be

two-thirds (2/3) of all pay due that member during that period.

(b)A sentence covered by this section is any sentence that includes:

1. Confinement for more than six

(6)months; or

2. Confinement for six

(6)months or less and a dishonorable or bad-

conduct discharge or dismissal.

(2)In a case involving an accused who has dependents, the convening authority or

other person acting under KRS 35.326 may waive any or all of the forfeitures of pay

and allowances required by subsection

(1)of this section for a period not to exceed

six

(6)months. Any amount of pay or allowances that, except for a waiver under

this subsection, would be forfeited shall be paid, as the convening authority or other

person taking action directs, to the dependents of the accused.

(3)If the sentence of a member who forfeits pay and allowances under subsection

(1)of

this section is set aside or disapproved or, as finally approved, does not provide for

a punishment referred to in subsection (1)(b) of this section, the member shall be

paid the pay and allowances which the member would have been paid, except for

the forfeiture, for the period during which the forfeiture was in effect.