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. |
Terms Used In Utah Code 39A-5-233
- Commanding officer: means both a commissioned officer and a warrant officer designated as a commander. See Utah Code 39A-5-102
- Confinement: means the physical restraint of an individual. See Utah Code 39A-5-102
- Convening authority: means the governor or the adjutant general. See Utah Code 39A-5-102
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- 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: means any or all of the armed forces of the United States. See Utah Code 39A-5-102
- Military court: means a court-martial, a court of inquiry, or a provost court. See Utah Code 39A-5-102
- National Guard: includes part-time and full-time active guard and reserve (AGR), and the Utah State Defense Force when called to active duty by the governor. See Utah Code 39A-5-102
- Officer: means a commissioned or warrant officer. See Utah Code 39A-5-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Unit: means any regularly organized command of the National Guard. See Utah Code 39A-5-102
| (2) |
| (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. |
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| (3) |
| (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. |
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| (b) |
If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed. |
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| (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
