§ 44-872 — Vacation of suspension.

ARTICLE 72. Vacation of suspension. A. Before the vacation of the suspension of a special court- martial sentence which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The State Judge Advocate shall detail a judge advocate, who is certified under subsection B of Section 827 of this title (Article 27, subsection B), to conduct the hearing. The probationer shall be represented at the hearing by counsel if the probationer so desires. B. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Adjutant General. If the Adjutant General vacates the suspension, any unexecuted part of the sentence shall be executed, subject to applicable restrictions in Section 857 of this title (Article 57). C. 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

Added by Laws 2019, c. 408, § 88, eff. Oct. 1, 2019.