§ 58B — Sentences: forfeiture of pay and allowances during confinement

Massachusetts § 58B

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title V: MILITIA
• Ch. 33A: MASSACHUSETTS CODE OF MILITARY JUSTICE

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Article 58B. Sentences: forfeiture of pay and allowances during confinement.(a)(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this article shall take effect on the date determined under subsection (a) of article 57 and may be deferred as provided by that article. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be 2/3 of all pay due that member during such period.(2) A sentence shall be covered by this article if it includes: (A) confinement for more than 6 months; or (B) confinement for not more than 6 months and a dishonorable or bad-conduct discharge or dismissal.(b) In a case involving an accused who has dependents, the convening authority or other person acting under article 60 may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.