Okla. Stat. tit. 44 § 857

Current through Laws 2024, c. 453.

Section 857 - Effective date of sentences

A. Execution of sentences. A court-martial sentence shall be executed and take effect as follows:

1. Forfeiture and reduction. A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of:

a. the date that is fourteen (14) days after the date on which the sentence is adjudged, or

b. in the case of a summary court-martial, the date on which the sentence is approved by the convening authority;

2. Confinement. Any period of confinement included in a sentence of a court-martial begins 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;

3. Approval of dismissal. If, in the case of a commissioned officer, or cadet, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Adjutant General. In such a case, the Adjutant General may commute, remit, or suspend the sentence, or any part of the sentence, as the Adjutant General sees fit. In time of war or national emergency he or she may commute a sentence of dismissal to reduction to any enlisted grade. A person so reduced may be required to serve for the duration of the war or emergency and six (6) months thereafter;

4. Completion of appellate review. If a sentence extends to dismissal, or a dishonorable or bad-conduct discharge, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may be executed, in accordance with applicable regulations, after completion of appellate review and, with respect to dismissal, approval under paragraph 3 of this subsection, as appropriate; and

5. Other sentences. Except as otherwise provided in this subsection, a general or special court-martial sentence is effective upon entry of judgment and a summary court-martial sentence is effective when the convening authority acts on the sentence.

B. Deferral of sentences.

1. In general. On application by an accused, the convening authority or, if the accused is no longer under his or her jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may, in his or her sole discretion, defer the effective date of a sentence of confinement, reduction, or forfeiture. The deferment shall terminate upon entry of judgment or, in the case of a summary court-martial, when the convening authority acts on the sentence. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

2. Deferral of certain persons sentenced to confinement. In any case in which a court-martial sentences a person referred to in paragraph 3 of this subsection to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of that person, until after the person has been permanently released to the state military forces by a state or foreign country referred to in that paragraph.

3. Covered persons. Paragraph 2 of this subsection applies to a person subject to this chapter who:

a. while in the custody of a state or foreign country is temporarily returned by that state or foreign country to the state military forces for trial by court-martial, and

b. after the court-martial, is returned to that state or foreign country under the authority of a mutual agreement or treaty, as the case may be.

4. State defined. In this subsection, the term "state" includes the District of Columbia and any commonwealth, territory, or possession of the United States.

5. Deferral while review pending. In any case in which a court-martial sentences a person to confinement, but in which review of the case under subsection A of Section 867 of this title (Article 67, subsection A) is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending.

C. Appellate review.

1. Completion of appellate review. Appellate review is complete under this section when:

a. a review under Section 865 of this title (Article 65) is completed, or

b. a review under Section 866 of this title (Article 66) is completed by the Military Court of Appeals and:

(1) the time for the accused to file a Petition for Review by the Court of Criminal Appeals has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court,

(2) such a petition is rejected by the Court of Criminal Appeals, or

(3) review is completed in accordance with the judgment of the Court of Criminal Appeals.

2. Completion as final judgment of legality of proceedings. The completion of appellate review shall constitute a final judgment as to the legality of the proceedings.

Okla. Stat. tit. 44, § 857

Amended by Laws 2021 , c. 12, s. 20, eff. 4/13/2021.

Added by Laws 2019 , c. 408, s. 66, eff. 10/1/2019.