South Carolina § 25-1-2860 Vacation of suspension of sentence; hearings.

South Carolina Statutes

§ 25-1-2860 — Vacation of suspension of sentence; hearings.

South Carolina § 25-1-2860

Title 25MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS

Ch. 1MILITARY CODE

This text of South Carolina § 25-1-2860 (Vacation of suspension of sentence; hearings.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 25-1-2860 (2026).

Text

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 probationer must be represented at the hearing by counsel if he so desires. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction must be sent for action to the person exercising general court-martial jurisdiction over the probationer. If he vacates the suspension, any unexecuted part of the sentence must be executed, subject to applicable restrictions in SECTION 25-1-2855. The suspension of any other sentence may be vacated by any aut

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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 probationer must be represented at the hearing by counsel if he so desires. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction must be sent for action to the person exercising general court-martial jurisdiction over the probationer. If he vacates the suspension, any unexecuted part of the sentence must be executed, subject to applicable restrictions in SECTION 25-1-2855. 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

HISTORY: Former SECTION 25-1-2860 [1950 (46) 1881; 1952 Code SECTION 44-186; 1962 Code SECTION 44-186; 1964 (53) 2241] recodified as SECTIONS 25-1-2600 and 25-1-3085 by 1984 Act No. 378; New SECTION 25-1-2860 En by 1984 Act No. 378, SECTION 39.