Kentucky Statutes 35.282 – Deferment of sentences
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(1) 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 The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court-martial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.
(2) (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.
(3) 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.
(2) (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.
Terms Used In Kentucky Statutes 35.282
- Code: means this chapter. See Kentucky Statutes 35.010
- 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 Kentucky Statutes 35.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- 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 Kentucky Statutes 35.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- State military forces: means the Kentucky National Guard as defined in Title 32 of the United States Code and as organized under the Constitution and laws of the Commonwealth of Kentucky. See Kentucky Statutes 35.010
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
(3) 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.