Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT
Subpart I - POST-TRIAL PROCEDURE AND REVIEWS
Section 400.1020 - Matters Submitted by the Accused
Universal Citation: 95 IL Admin Code ยง 400.1020
Current through Register Vol. 48, No. 12, March 22, 2024
a) General. After a sentence is adjudged in any court-martial under the Code, the accused may submit matters to the convening authority in accordance with this Section.
b) Matters That May Be Submitted
1) The accused may submit to the convening
authority any matters that may reasonably tend to affect the convening
authority's decision whether to disapprove any findings of guilty or to approve
the sentence. Submissions must be in writing.
2) Submissions may include allegations of
errors affecting the legality of the proceedings, portions or summaries of the
record and copies of documentary evidence offered or introduced at trial,
matters in mitigation not available at trial, and clemency recommendations from
any person.
3) The accused may
waive his or her right to make a submission to the convening authority,
provided the waiver is in writing. Once accepted by the convening authority,
waiver may not be revoked.
4)
Failure to object to matters in the State Judge Advocate's recommendation
waives the right to object to that matter.
c) Time Periods
1) The accused may submit matters under this
Section within the later of 30 days after the accused
has been given an authenticated copy of the record of trial
or, if applicable, the recommendation of a State
Judge Advocate, or an addendum to the recommendation containing a new matter is
served on the accused.
2)
If, within the 30-day period, the accused shows that
additional time is required to submit the matters, the convening authority or
other person taking action, for good cause shown, may extend
the period to submit matters for an additional 20 days. (Code Section
60(b)(1) and (2))
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