§ 412.4155 — Forfeiture of pay and allowances during period of confinement or parole; waiver

Nevada § 412.4155

• Jurisdiction: Nevada
• Title 36: MILITARY AFFAIRS AND CIVIL EMERGENCIES
• Ch. 412: State

Text

1. This section applies to any sentence that includes:
(a) Confinement for more than 6 months; or
(b) Confinement for 6 months or less and a dishonorable discharge, bad-conduct discharge or dismissal.
2. A sentence described in subsection 1 must result in the forfeiture of pay, or of pay and allowances, due the sentenced serviceman or servicewoman during any period of confinement or parole. The forfeiture required pursuant to this subsection must take effect on the date determined under this Code and may be deferred as provided by law. In the case of a general court-martial, all pay and allowances due the sentenced serviceman or servicewoman during such period must be forfeited. In the case of a special court-martial, two-thirds of all pay due the sentenced serviceman or servicewoman during such period must be forfeited.
3. In a case involving an accused who has dependents, the convening authority or other person acting under this Code may waive any or all of the forfeitures of pay and allowances required by subsection 2 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 must be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
4. If the sentence of a serviceman or servicewoman who forfeits pay and allowances under subsection 2 is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection 1, the serviceman or servicewoman must be paid the pay and allowances which the serviceman or servicewoman would otherwise have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

Legislative History

(Added to NRS by 2013, 1099 )