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48-3108. (KCMJ Art. 141) Payment of fines and disposition thereof; confinement for failure to pay.

48-3108

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 31.--CODE OF MILITARY JUSTICE; MISCELLANEOUS PROVISIONS

      48-3108.   (KCMJ Art. 141) Payment of fines anddisposition thereof; confinement for failure to pay.(a) Fines imposed by a military court may be paid to it or to an officerexecuting its process. All such fines shall be payable at the time of approvalofthe sentence by the convening authority. Any sum so deducted shall beturned into the military courtwhich imposed the fine. Any officer collecting a fine or penalty imposed bya military court upon an officer or enlisted person shall pay it within30 days to the judge advocate, who shall transmit the same to theadjutant general. The adjutant general shallremit all finesand penalties so received to the state treasurer in accordance withthe provisions of K.S.A.75-4215, and amendments thereto. Upon receipt of each such remittance, thestate treasurer shall deposit the entire amount in the state treasury to thecredit of the state general fund.

      (b)   When the sentence of a court-martial adjudges a fine against anyperson and such fine has not been fully paid within 10 days after it is dueand payable, the president of the military court or the summary courtofficer shall issue a warrant of commitment directed to the sheriff orchief law enforcement officer of the county in which the court-martial washeld or where the offense was committed, directing such sheriff or lawenforcement officer to arrest and confine the person until such fine ispaid or until one day shall have been served for each $1 of the fine whichis not paid. The form for order of commitment shall be prescribed by theadjutant general.

      History:   L. 1972, ch. 203, § 48-3108;L. 1988, ch. 191, § 64;L. 2001, ch. 5, § 182; July 1.

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