(1) Before the vacation of the suspension of any court-martial sentence, the officer having court-martial jurisdiction over a probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by counsel, if he or she so desires.
The record of the hearing and the recommendation of the officer having court-martialjurisdiction shall be sent for action to the state judge advocate in cases involving a general courtmartial sentence. If the state judge advocate vacates the suspension, any unexecuted part of the sentence shall be executed.
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 of the kind that imposed the sentence.
Source: L. 83: Entire article added, p. 1184, § 1, effective June 10. L. 2002: (1) amended, p. 615, § 94, effective May 24.