[§124A-100]  Vacation of suspension. 
(a)  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.



(b)  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
subsection (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 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.
[L 1982, c 171, pt of §2; gen ch 1985]