§ 44-860A — Limited authority to act on sentence in specified

posttrial circumstances. ARTICLE 60A. Limited authority to act on sentence in specified posttrial circumstances. A. In general. 1. The convening authority of a general or special court- martial described in paragraph 2 of this subsection: a. may act on the sentence of the court-martial only as provided in subsection B, C or D of this section, and b. may not act on the findings of the court-martial. 2. The courts-martial referred to in paragraph 1 of this subsection are the following: a. a general or special court-martial in which the maximum sentence of confinement established under subsection A of Section 856 of this title (Article 56, subsection A) for any offense of which the accused is found guilty is more than two (2) years, b. a general or special court-martial in which the total of the sentences of confinement imposed, running consecutively, is more than six (6) months, and c. a general or special court-martial in which the sentence imposed includes a dismissal, dishonorable discharge, or bad-conduct discharge. 3. Except as provided in subsection D of this section, the convening authority may act under this section only before entry of judgment. 4. Under regulations prescribed by the Adjutant General, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority. B. Reduction, commutation, and suspension of sentences generally. 1. Except as provided in subsection C or D of this section, the convening authority may not reduce, commute, or suspend any of the following sentences: a. a sentence of confinement, if the total period of confinement imposed for all offenses involved, running consecutively, is greater than six (6) months, and b. a sentence of dismissal, dishonorable discharge, or bad-conduct discharge. 2. The convening authority may reduce, commute, or suspend any sentence not specified in paragraph 1 of this subsection. C. Suspension of certain sentences upon recommendation of military judge. 1. Upon recommendation of the military judge, as included in the Statement of Trial Results, together with an explanation of the facts supporting the recommendation, the convening authority may suspend: a. a sentence of confinement, in whole or in part, or b. a sentence of dismissal, dishonorable discharge, or bad-conduct discharge. 2. The convening authority may not, under paragraph 1 of this subsection: a. suspend a mandatory minimum sentence, or b. suspend a sentence to an extent in excess of the suspension recommended by the military judge. D. Reduction of sentence for substantial assistance by accused. 1. Upon a recommendation by the trial counsel, if the accused, after sentencing and before entry of judgment, provides substantial assistance in the investigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence. 2. Upon a recommendation by a trial counsel, designated in accordance with regulations prescribed by the Adjutant General, if the accused, after entry of judgment, provides substantial assistance in the investigation or prosecution of another person, a convening authority, designated under such regulations, may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence. 3. In evaluating whether the accused has provided substantial assistance under this subsection, the convening authority may consider the presentence assistance of the accused. E. Submissions by accused and victim. 1. In accordance with regulations prescribed by the Adjutant General, in determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense. Such rules shall include: a. procedures for notice of the opportunity to make such submissions, b. the deadlines for such submissions, and c. procedures for providing the accused and any victim of an offense with a copy of the recording of any open sessions of the court-martial and copies of, or access to, any admitted, unsealed exhibits. 2. The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless such matters were presented as evidence at trial and not excluded at trial. F. Decision of convening authority. 1. The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense. 2. If, under this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for such action. 3. If, under paragraph 2 of subsection D of this section, the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the military judge for appropriate modification of the entry of judgment, which shall be transmitted to the State Judge Advocate for appropriate action.

Legislative History

Added by Laws 2019, c. 408, § 73, eff. Oct. 1, 2019.