1998 Minnesota Statutes

     192A.305 Effective date of sentences. 

    Subdivision 1.  Whenever a sentence of a court-martial as 
 lawfully adjudged and approved includes a forfeiture of pay in 
 addition to confinement not suspended or deferred, the 
 forfeiture may apply to pay becoming due on or after the date 
 the sentence is approved by the convening authority. No 
 forfeiture may extend to any pay accrued before that date. 

    Subd. 2.  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.  
 Rules prescribed by the governor may provide that sentences of 
 confinement may not be executed until approved by designated 
 officers. 

    Subd. 3.  All other sentences of courts-martial are 
 effective on the date ordered executed. 

    Subd. 4.  On application by an accused who is under 
 sentence to confinement that has not been ordered executed, the 
 convening authority or, if the accused is no longer under the 
 convening authority's jurisdiction, the officer exercising 
 similar court-martial convening authority over the command to 
 which the accused is currently assigned, may in the convening 
 authority's sole discretion defer service of a 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  The deferment may be rescinded at any time by 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 
 that officer's jurisdiction, by the officer exercising similar 
 court-martial jurisdiction over the command to which the accused 
 is currently assigned. 

    HIST: 1963 c 661 s 192A.305; 1978 c 552 s 34; 1985 c 248 s 70; 
 1986 c 444