48-2803. (KCMJ Art. 57) Effective date of sentences. - Kansas Statutes

48-2803

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 28.--CODE OF MILITARY JUSTICE; SENTENCES

      48-2803.   (KCMJ Art. 57) Effective date of sentences.(a) No forfeiture may extend to any payaccrued before the date on which the sentence is approvedby the person acting under K.S.A. 48-2901 and amendments thereto.

      (b)   Any period of confinement included in a sentence of a court-martialbegins to run from the date the sentence is adjudged by the court-martialbut periods during which the sentence to confinement is suspended ordeferred shall be excluded in computing the service of the term ofconfinement. Regulations prescribed by the governor may provide thatsentences of confinement may not be executed until approved by designatedofficers.

      (c)   All other sentences of courts-martial are effective on the dateordered executed.

      (d)   On application by an accused who is under sentence to confinementthat has not been ordered executed, the convening authority or, if theaccused is no longer under the convening authority's jurisdiction, the officerexercising general court-martial jurisdiction over the command to whichthe accused is currently assigned, may in sole discretion defer service of thesentence to confinement. The deferment shall terminate when the sentence isordered executed. The deferment may be rescinded at any time by the officerwho granted it or, if the accused is no longer under the officer's jurisdiction,by the officer exercising general court-martial jurisdiction over the commandto which the accused is currently assigned.

      History:   L. 1972, ch. 203, § 48-2803;L. 1988, ch. 191, § 36; July 1.