40.218. Probationer, violations--hearing, rights of probationer to counsel --procedure. - Missouri Statutes

Probationer, violations--hearing, rights of probationer to counsel--procedure.

40.218. 1. Prior to the vacation of the suspension of aspecial court-martial sentence which as approved includes a badconduct discharge, or of any general court-martial sentence, theofficer having special court-martial jurisdiction over theprobationer shall hold a hearing on the alleged violation ofprobation. The probationer shall be represented at the hearingby counsel if he so desires.

2. The record of the hearing and the recommendation of theofficer having special court-martial jurisdiction shall beforwarded for action to the officer exercising generalcourt-martial jurisdiction. If he vacates the suspension, anyunexecuted part of the sentence except a dismissal shall beexecuted.

3. The suspension of any other sentence may be vacated byany authority competent to convene, for the command in which theaccused is serving or assigned, a court of the kind that imposedthe sentence.

(L. 1984 H.B. 1035 § 72)