§ 30-13-71 - Vacation of suspension. - Rhode Island Statutes

SECTION 30-13-71

   § 30-13-71  Vacation of suspension. –(a) Before the vacation of the suspension of a special court-martial sentencewhich as approved includes a bad-conduct discharge, or of any generalcourt-martial sentence, the officer having special court-martial jurisdictionover the probationer shall hold a hearing on the alleged violation ofprobation. The probationer shall be represented at the hearing by counsel if heor she so desires.

   (b) The record of the hearing and the recommendation of theofficer having special court-martial jurisdiction shall be sent for action tothe governor in cases involving a general court-martial sentence and to thecommanding officer of the force of the state military forces of which theprobationer is a member in all other cases covered by subsection (a) of thissection. If the governor or commanding officer vacates the suspension, anyunexecuted part of the sentence except a dismissal shall be executed.

   (c) The suspension of any other sentence may be vacated byany authority competent to convene, for the command in which the accused isserving or assigned, a court of the kind that imposed the sentence.