§ 44-853A — Plea agreements.

ARTICLE 53A. Plea agreements. A. In general. 1. At any time before the announcement of findings under Section 853 of this title (Article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as: a. the manner in which the convening authority will dispose of one or more charges and specifications, and b. limitations on the sentence that may be adjudged for one or more charges and specifications. 2. The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement. B. Limitation on acceptance of plea agreements. The military judge of a general or special court-martial shall reject a plea agreement that: 1. Contains a provision that has not been accepted by both parties; or 2. Contains a provision that is not understood by the accused. C. Binding effect of plea agreement. Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the court-martial.

Legislative History

Added by Laws 2019, c. 408, § 62, eff. Oct. 1, 2019.