35.340 Vacation of suspension.
152 words·~1 min read·
/ky/chapter-35/35-340A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Before the vacation of the suspension of a special court-martial sentence, which as
approved includes a bad-conduct discharge, or of any general court-martial
sentence, the officer having special court-martial jurisdiction over the probationer
shall hold a hearing on the alleged violation of probation. The probationer shall be
represented at the hearing by military counsel if the probationer so desires.
(2)The record of the hearing and the recommendation of the officer having special
court-martial jurisdiction shall be sent for action to the officer exercising general
court-martial jurisdiction over the probationer. If the officer vacates the suspension,
any unexecuted part of the sentence, except a dismissal, shall be executed, subject
to applicable restrictions in this code.
(3)The suspension of any other sentence may be vacated by any authority competent to
convene, for the command in which the accused is serving or assigned, a court of
the kind that imposed the sentence.