(a) A court-martial sentence shall be executed and take effect as follows:

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Terms Used In Hawaii Revised Statutes 124B-93

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Cadet: means any person who is enrolled in or attending a state military academy, a regional training institute, or any other formal education program for the purpose of becoming a commissioned officer in the state military forces. 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:
  • Enlisted member: means a person in an enlisted grade. See Hawaii Revised Statutes 124B-1
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. 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.
  • Officer: means a commissioned officer. See Hawaii Revised Statutes 124B-1
(1) A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial shall take effect on the earlier of:

(A) The date that is fourteen days after the date on which the sentence is adjudged; or
(B) In the case of a summary court-martial, the date on which the sentence is approved by the convening authority;
(2) Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial; provided that periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement;
(3) If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal or in the case of an enlisted member, the sentence of a court-martial extends to a dishonorable discharge, that part of the sentence providing for dismissal shall not be executed until approved by the governor. The governor may commute, remit, or suspend the sentence, or any part of the sentence, as the governor sees fit. In a time of war or state of emergency the governor may commute a sentence of dismissal or dishonorable discharge to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six months thereafter; and
(4) Except as otherwise provided in this subsection, a general or special court-martial sentence shall be effective upon entry of judgment and a summary court-martial sentence shall be effective when the convening authority acts on the sentence.
(b) On application by an accused, the convening authority or, if the accused is no longer under that convening authority’s jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned may, in their sole discretion, defer the effective date of a sentence of confinement, reduction, or forfeiture. The deferment shall terminate upon entry of judgment or, in the case of a summary court-martial, when the convening authority acts on the sentence. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under that officer’s jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(c) In any case in which a court-martial sentences a person to confinement and review of the case under section 124B-111 is pending, the governor may defer further service of the sentence to confinement while that review is pending.
(d) Appellate review is complete under this section when:

(1) The time for the accused to file a petition for review by the Hawaii intermediate appellate court under section 124B-111 has expired and the accused has not filed a timely petition for review and the case is not otherwise under review by that court; or
(2) A review under section 124B-111 is completed by the Hawaii intermediate appellate court and:

(A) The time for the accused to file a petition for review by the Hawaii supreme court has expired and the accused has not filed a timely petition for the review and the case is not otherwise under review by that court;
(B) The petition by the accused is rejected by the Hawaii supreme court; or
(C) Review is completed in accordance with the judgment of the intermediate appellate court and review is completed in accordance with the judgment of the Hawaii supreme court.
(e) The completion of appellate review shall constitute a final judgment as to the legality of the proceedings.

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