§ 858. Art. 58. Execution of confinement
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/usc/title-10/section-858A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Under such instructions as the Secretary concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated.
(b)The omission of the words “hard labor” from any 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.)
In subsection (a), the words “Secretary concerned” are substituted for the words “Department concerned”, since the “Department” as an entity, cannot issue instructions. The word “are” is substituted for the words “shall be”. The words “of Columbia” are inserted after “District” for clarity.
In subsection (b), the word “from” is substituted for the word “in”. The words “does not deprive” are substituted for the words “shall not be construed as depriving”.
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Cited by 14 sections
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- Public Law 96–527Making appropriations for the Department of Defense for the fiscal year ending September 30, 1981, and for other purposes
- Public Law 94–212Making appropriations for the Department of Defense for the fiscal year ending June 30, 1976, and the period beginning July 1, 1976, and ending September 30, 1976, and for other purposes
- Public Law 93–435To place certain submerged lands within the jurisdiction of the governments of Guam, the Virgin Islands, and American Samoa, and for other purposes
- Public Law 94–419Making appropriations for the Department of Defense for the fiscal year ending September 30, 1977, and for other purposes
- Public Law 97–114Making appropriations for the Department of Defense for the fiscal year ending September 30, 1982, and for other purposes
- Public Law 95–111Making appropriations for the Department of Defense for the fiscal year ending September 30, 1978. and for other purposes
- Public Law 98–212Making appropriations for the Department of Defense for the fiscal year ending September 30, 1984, and for other purposes
- Public Law 95–457Making appropriations for the Department of Defense for the fiscal year ending September 30, 1979, and for other purposes
5 references not yet in our index
- Aug. 10, 1956, ch. 1041
- 70A Stat. 57
- Pub. L. 109–163, div. A, title X, § 1057(a)(3)
- 119 Stat. 3440
- Pub. L. 109–163
Citation graph
cites case law
§ 858
Art. 58. Execution of confinement
Stat.×12
Fed. Reg.×2
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 57
Pub. L.Pub. L. 109–163, div. A, title X, § 1057(a)(3)
Stat.119 Stat. 3440
Pub. L.Pub. L. 109–163
Cites 5Cited by 14 across 2 sources