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 400.1075 - Execution of Sentence
Universal Citation: 95 IL Admin Code ยง 400.1075
Current through Register Vol. 48, No. 12, March 22, 2024
a) Suspension of Sentence
1)
If the approved sentence of the court-martial extends
to dismissal or a dishonorable or bad-conduct discharge, and if the right of
the accused to appellate review is not waived, and an appeal is not withdrawn
under Code Section 61, that part of the sentence extending to
dismissal or a dishonorable or bad-conduct discharge may not be executed until
there is a final judgment as to the legality of the proceedings. A judgment as
to the legality of the proceedings is final in these cases when review is
completed by the Illinois Appellate Court for the Fourth District (see
Code Section 67a) and is deemed final by the law of this
State.
2)
If the
sentence of the court-martial extends to dismissal or a dishonorable or
bad-conduct discharge, and if the right of the accused to appellate review is
waived, or an appeal is withdrawn under Code Section 61,that
part of the sentence extending to dismissal or a dishonorable or bad-conduct
discharge may not be executed until review of the case by the senior force
judge advocate and any action on that review under CodeSection
64 is completed. Any other part of a court-martial sentence may be ordered
executed by the convening authority or other person acting on the case under
Code Section 60 when so approved under that statute. (Code Section
71)
b) Vacation of Suspension
1)
Before the
vacation of the suspension of a special court-martial sentence that, as
approved, includes a bad-conduct discharge, or of any general court-martial
sentence, the officer having special court-martial jurisdiction over the
probationer shall hold a hearing on an alleged violation of probation. The
probationer shall be represented at the hearing by military counsel if the
probationer so desires.
2)
The record of the hearing and the recommendation of the officer having
special court-martial jurisdiction shall be sent for action to the officer
exercising general court-martial jurisdiction over the probationer. If the
officer vacates the suspension, any unexecuted part of the sentence, except a
dismissal, shall be executed, subject to applicable restrictions in the
Code.
3)
The
suspension of any other sentence may be vacated by any authority competent to
convene, for the command in which the accused is serving or assigned, a court
of the kind that imposed the sentence. (Code Section 72)
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.