State Codes and Statutes
Statutes > Missouri > T05 > C040 > 40_180Sentence, forfeiture of pay or allowance, effective when--confinement, begins to run, when, exceptions, how computed--defer service of sentence, when.
40.180. 1. Whenever a sentence of a court-martial aslawfully adjudged and approved includes a forfeiture of pay orallowances in addition to confinement not suspended or deferred,the forfeiture may apply to pay or allowances accrued before thatdate.
2. Any period of confinement included in a sentence of acourt-martial begins to run from the date the sentence isadjudged by the court-martial but periods during which thesentence to confinement is suspended or deferred shall beexcluded in computing the service of the term of confinement.Regulations prescribed by the governor may provide that sentencesof confinement may not be executed until approved by designatedofficers.
3. All other sentences of courts-martial are effective onthe date ordered executed.
4. On application by an accused who is under sentence toconfinement that has not been ordered executed, the conveningauthority or, if the accused is no longer under the conveningauthority's jurisdiction, the officer exercising generalcourt-martial jurisdiction over the command to which the accusedis currently assigned, may in sole discretion defer service ofthe sentence to confinement. The deferment shall terminate whenthe sentence is ordered executed. The deferment may be rescindedat any time by the officer who granted it or, if the accused isno* longer under the officer's jurisdiction, by the officerexercising general court-martial jurisdiction over the command towhich the accused is currently assigned.
(L. 1984 H.B. 1035 § 58)*Word "not" appears in original rolls.
