130.57 - Effective date of sentences. - New York Statutes

§ 130.57. Effective date of sentences. (a) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date such sentence is approved by the convening authority and to any pay or allowances accrued before such date. (b) Any period of confinement included in a sentence of a court-martial shall begin to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement. Regulations adopted pursuant to this chapter may provide that sentences of confinement shall not be executed until approved by such officers as may be designated in such regulations. (c) All other sentences of court-martial shall become effective on the date ordered executed. (d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising similar court-martial convening authority over the command to which the accused is currently assigned, may in his sole discretion defer service of a sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising similar court-martial jurisdiction over the command to which the accused is currently assigned.