39A-5-233. Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.
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Effective 5/4/2022
39A-5-233. Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.
(1)Probation imposed as a result of a suspended sentence may be vacated by the convening authority.
(a)Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.
(b)The probationer shall be represented by counsel at the hearing.
(a)The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to:
(i)the governor in cases involving a military court sentence of confinement; or
(ii)in all other cases, to the commanding officer of the National Guard unit of which the probationer is a member.
(b)If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(4)The suspension of any other sentence may be vacated by any authority for the command in which the accused is serving or assigned that is competent to convene a court that imposed the sentence.
Renumbered and Amended by Chapter 373 , 2022 General Session