[§124A-100]  Vacation of suspension. (a)  Before the vacation of the suspension of a special court-martial sentencewhich as approved includes a bad-conduct discharge, or of any generalcourt-martial sentence, the officer having special court-martial jurisdictionover the probationer shall hold a hearing on the alleged violation ofprobation.  The probationer shall be represented at the hearing by counsel ifthe probationer so desires.

(b)  The record of the hearing and therecommendation of the officer having special court-martial jurisdiction shallbe sent for action to the governor in cases involving a general court-martialsentence and to the commanding officer of the force of the state militaryforces of which the probationer is a member in all other cases covered bysubsection (a).  If the governor or commanding officer vacates the suspension,any unexecuted part of the sentence except a dismissal shall be executed.

(c)  The suspension of any other sentence maybe vacated by any authority competent to convene, for the command in which theaccused is serving or assigned, a court of the kind that imposed the sentence.[L 1982, c 171, pt of §2; gen ch 1985]