2001 Minnesota Statutes

     192A.36 Vacation of suspension.  

    Subdivision 1.  Before the vacation of the suspension of a 
 special court-martial sentence which 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 the alleged violation of 
 probation.  The probationer shall be represented at the hearing 
 by counsel if the probationer so desires.  

    Subd. 2.  The record of the hearing and the recommendation 
 of the officer having special court-martial jurisdiction shall 
 be sent for action to the governor in cases involving a general 
 court-martial sentence and to the commanding officer of the 
 force of the state military forces of which the probationer is a 
 member in all other cases covered by subdivision 1.  If the 
 governor or commanding officer vacates the suspension, any 
 unexecuted part of the sentence except a dismissal shall be 
 executed.  

    Subd. 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.  

    HIST: 1963 c 661 s 192A.36; 1986 c 444