39-6-61 - Probation violation -- Hearing -- Counsel -- Execution of suspended sentence. - Utah Statutes

39-6-61. Probation violation -- Hearing -- Counsel -- Execution of suspendedsentence.
(1) (a) Before the vacation of the suspension of a military court sentence, the officerholding convening authority jurisdiction over the probationer shall hold a hearing on the allegedviolation of probation.
(b) The probationer shall be represented by counsel at the hearing.
(2) (a) The record of the hearing and the recommendation of the officer havingjurisdiction shall be sent for action to the governor in cases involving a military court sentence ofconfinement, and to the commanding officer of the unit of the National Guard of which theprobationer is a member, in all other cases.
(b) If the governor or commanding officer vacates the suspension, any unexecuted part ofthe sentence except a dismissal shall be executed.
(3) The suspension of any other sentence may be vacated by any authority competent toconvene, for the command in which the accused is serving or assigned, a court that imposed thesentence.

Amended by Chapter 12, 1994 General Session