§ 28-3.1-415 — Vacation of suspension of sentence

Colorado § 28-3.1-415

• Jurisdiction: Colorado
• Title 28: Military and
• Art.: Colorado Code of Military Justice

Text

(1) Before the vacation of
the suspension of any court-martial sentence, the officer having court-martial
jurisdiction over a probationer shall hold a hearing on the alleged violation of
probation. The probationer shall be represented at the hearing by counsel, if he or
she so desires.

(2) The record of the hearing and the recommendation of the officer having
court-martial jurisdiction shall be sent for action to the state judge advocate in
cases involving a general court-martial sentence. If the state judge advocate
vacates the suspension, any unexecuted part of the sentence shall be executed.

(3) The suspension of any other sentence may be vacated by any authority
competent to convene, for the command in which the accused is serving or
assigned, a court of the kind that imposed the sentence.

Legislative History

Source: L. 83: Entire article added, p. 1184, � 1, effective June 10. L. 2002: (1) amended, p. 615, � 94, effective May 24.