(1) 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, the forfeiture may apply to pay and allowances becoming due before or after the date the sentence is approved by the convening authority.
Any period of confinement included in a sentence of a court-martial begins to runfrom the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended shall be excluded in computing the service of the terms of confinement.
On application by an accused who is under sentence to confinement that has not beenordered executed, 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 service of the 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 The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his or her jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
All other sentences of court-martial are effective on the date ordered executed. In nocase may a sentence be executed until final action is taken on review.
In the militia or state military forces not in federal service, no sentence of dismissalor dishonorable discharge may be executed until it is approved by the governor.
Notwithstanding subsection (3) of this section, unless waived by the accused, anofficer exercising summary court-martial jurisdiction shall defer service of a sentence to confinement pursuant to section 28-3.1-205 (4)(a), pending the conclusion of any appeal following review and approval pursuant to section 28-3.1-420.
Source: L. 83: Entire article added, p. 1180, § 1, effective June 10. L. 2002: (3) amended, p. 611, § 85, effective May 24. L. 2018: (6) added, (SB 18-135), ch. 95, p. 747, § 16, effective April 2.