322.0587 Article 58b Sentences: forfeiture of pay and allowances during confinement. - Wisconsin Statutes

322.0587

322.0587 Article 58b Sentences: forfeiture of pay and allowances during confinement.

322.0587(1)

(1) A court-martial sentence described in sub. (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture subject to this section shall take effect on the date determined under s. 322.057 (1) and may be deferred as provided by that subsection. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during the period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during the period.

322.0587(2)

(2) A sentence covered by this section is any sentence that includes any of the following:

322.0587(2)(a)

(a) Confinement for more than 6 months.

322.0587(2)(b)

(b) Confinement for 6 months or less and a dishonorable or bad-conduct discharge or dismissal.

322.0587(3)

(3) In a case involving an accused who has dependents, the convening authority or other person acting under s. 322.060 may waive any or all of the forfeitures of pay and allowances required by sub. (1) for a period not to exceed 6 months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.

322.0587(4)

(4) If the sentence of a member who forfeits pay and allowances under sub. (1) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in sub. (2), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

322.0587 - ANNOT.

History: 2007 a. 200; 2009 a. 180.