Colorado § 28-3.1-403 Effective date of sentences

Colorado Statutes

§ 28-3.1-403 — Effective date of sentences

Colorado § 28-3.1-403

Title 28Military and

Art.Colorado Code of Military Justice

This text of Colorado § 28-3.1-403 (Effective date of sentences) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 28-3.1-403 (2026).

Text

(1)Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances, in addition to confinement not suspended, the forfeiture may apply to pay and allowances becoming due before or after the date the sentence is approved by the convening authority.

(2)Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the terms of confinement.

(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 his or her jurisdiction, the office

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(1) Whenever a sentence of a
court-martial as lawfully adjudged and approved includes a forfeiture of pay or
allowances, in addition to confinement not suspended, the forfeiture may apply to
pay and allowances becoming due before or after the date the sentence is
approved by the convening authority.

(2) Any period of confinement included in a sentence of a court-martial
begins to run from the date the sentence is adjudged by the court-martial, but
periods during which the sentence to confinement is suspended shall be excluded
in computing the service of the terms of confinement.

(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 his or her jurisdiction, the officer exercising general court-martial
jurisdiction over the command to which the accused is currently assigned, may in
his or her sole discretion defer service of the sentence to confinement. The
deferment shall terminate when the sentence is ordered executed. The deferment
may be rescinded at any time by the officer who granted it or, if the accused is no
longer under his or her jurisdiction, by the officer exercising general court-martial
jurisdiction over the command to which the accused is currently assigned.

(4) All other sentences of court-martial are effective on the date ordered
executed. In no case may a sentence be executed until final action is taken on
review.

(5) In the militia or state military forces not in federal service, no sentence of
dismissal or dishonorable discharge may be executed until it is approved by the
governor.

(6) Notwithstanding subsection (3) of this section, unless waived by the
accused, an officer exercising summary court-martial jurisdiction shall defer
service of a sentence to confinement pursuant to section 28-3.1-205 (4)(a), pending
the conclusion of any appeal following review and approval pursuant to section 28-3.1-420.

Legislative History

Source: L. 83: Entire article added, p. 1180, � 1, effective June 10. L. 2002: (3) amended, p. 611, � 85, effective May 24. L. 2018: (6) added, (SB 18-135), ch. 95, p. 747, � 16, effective April 2.