(a) The convening authority of a general or special court-martial described in subsection (b):

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Terms Used In Hawaii Revised Statutes 124B-103

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Commissioned officer: includes a commissioned warrant officer. See Hawaii Revised Statutes 124B-1
  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Hawaii Revised Statutes 124B-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Judge advocate: means a commissioned officer of the organized state military forces who is a member in good standing of the bar of the highest court of a state, and is:

    (1) Certified or designated as a judge advocate in the Judge Advocate General's Corps of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard, or a reserve component of one of the above;
    (2) Certified as a non-federally recognized judge advocate by the senior force judge advocate as competent to perform the military justice duties required by this chapter; or
    (3) Certified by a senior judge advocate of the commander of another force in the state military forces, as the convening authority directs; provided that there is no judge advocate available as described under paragraph (1) or (2). See Hawaii Revised Statutes 124B-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Military: refers to any or all of the armed forces. See Hawaii Revised Statutes 124B-1
  • Military judge: means an official of a general or special court-martial detailed in accordance with part V of this chapter. See Hawaii Revised Statutes 124B-1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) May act on the sentence of the court-martial only as provided in subsection (f), (g), (i), or (j); and
(2) Shall not act on the findings of the court-martial.
(b) The courts-martial referred to subsection (a) are the following:

(1) A general or special court-martial in which the maximum sentence of confinement for any offense of which the accused is found guilty is more than two years;
(2) A general or special court-martial in which the total of the sentences of confinement imposed, running consecutively, is more than six months;
(3) A general or special court-martial in which the sentence imposed includes a dismissal or dishonorable or bad-conduct discharge; and
(4) A general or special court-martial in which the accused is found guilty of sexual assault in the first degree or continuous sexual assault of a minor under fourteen years of age or other offense as prescribed by the governor or adjutant general by rule.
(c) Except as provided in subsection (j), the convening authority shall act under this section only before entry of judgment.
(d) In accordance with rules adopted by the governor or adjutant general, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
(e) Except as provided in subsection (g), (i), or (j), the convening authority shall not reduce, commute, or suspend any of the following sentences:

(1) A sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six months; or
(2) A sentence of dismissal or dishonorable or bad-conduct discharge.
(f) The convening authority may reduce, commute, or suspend any sentence not specified in subsection (e).
(g) Upon recommendation of the military judge, as included in the statement of trial results, together with an explanation of the facts supporting the recommendation, the convening authority may suspend:

(1) A sentence of confinement, in whole or in part; or
(2) A sentence of dismissal or dishonorable or bad-conduct discharge.
(h) Except as provided in subsection (i) or (j), the convening authority under subsection (g) shall not suspend:

(1) A mandatory minimum sentence; or
(2) A sentence to an extent in excess of the suspension recommended by the military judge.
(i) Upon recommendation by the trial counsel, if the accused, after sentencing and before entry of judgment, provides substantial assistance in the investigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
(j) Upon a recommendation by a trial counsel designated in accordance with rules adopted by the governor or adjutant general, if the accused after entry of judgment provides substantial assistance in the investigation or prosecution of another person, a convening authority as designated by rules may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
(k) In evaluating whether the accused has provided substantial assistance under this section, the convening authority may consider the pre-sentence assistance of the accused.
(l) In determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense in accordance with rules adopted by the governor or adjutant general. The rules shall include:

(1) Procedures for notice of the opportunity to make submissions;
(2) The deadlines for submissions; and
(3) Procedures for providing the accused and any victim of an offense with a copy of the recording of any open sessions of the court-martial and copies of or access to any admitted, unsealed exhibits.
(m) The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless the matters were presented as evidence at trial and not excluded at trial.
(n) The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.
(o) If the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for the action.
(p) If the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the military judge for appropriate modification of the entry of judgment, which shall be transmitted to the senior force judge advocate for appropriate action.

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