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35.282 Deferment of sentences.
(1)
(2)
(3)
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 The deferment may be rescinded at any time by the person who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.
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.
Effective:June 25, 2013
History: Created 2013 Ky. Acts ch. 32, sec. 60, effective June 25, 2013.
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