48-2926. (KCMJ Art. 71) Execution of sentence; suspension of sentence.
48-2926
48-2926. (KCMJ Art. 71) Execution of sentence; suspension of sentence.(a) If, in the case of a commissioned officer, thesentence of a court-martial extends to dismissal, that part of the sentenceproviding for dismissal may not be executed until approved by the adjutantgeneral. In such a case, the governor may commute, remit or suspend thesentence, or any part of the sentence, as the governor sees fit. In time ofwar or national emergency, the governor may commute a sentence of dismissalto reduction to any enlisted grade. A person so reduced may be required toserve for the duration of the war or emergency and six months thereafter.
(b) (1) If a sentence extends to dismissal, or a dishonorable orbad-conduct discharge and if the right of the accused to appellate review isnot waived, and an appeal is not withdrawn, under K.S.A. 48-2917that part ofthe sentence extending to dismissal or a dishonorable or bad-conductdischarge may not be executed until there is a final judgment as to thelegality of the proceedings and, with respect to dismissal, approval undersubsection (a) as appropriate. A judgment as to legality of the proceedingsis final in such cases when review is completed by a court of military reviewand:
(A) The time for the accused to file a petition for review by the Kansascourtof appeals has expired and the accused has not filed a timely petition forsuch review and the case is not otherwise under review by that court;
(B) such a petition is rejected by the Kansas court of appeals; or
(C) review is completed in accordance with the judgment of the Kansas courtof appeals.
(2) If a sentence extends to dismissal or a dishonorable or bad-conductdischarge and if the right of the accused to appellate review is waived, oran appeal is withdrawn, under K.S.A. 48-2917, that part of thesentenceextending to dismissal or a bad-conduct or dishonorable discharge may notbe executed until review of the case by a judge advocate, and any action onthat review, under K.S.A. 48-2920 is completed. Any other part of acourt-martial sentence may be ordered executed by the convening authorityor other person acting on the case under K.S.A. 48-2916 whenapproved by suchperson under that section.
(c) The convening authority or other person acting on the case underK.S.A. 48-2916 may suspend the execution of any sentence or partthereof.
History: L. 1988, ch. 191, § 48; July 1.