Page 324 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10027

executed and takes effect as follows:
(A) Subject to subparagraph (B), if a sentence includes forfeitures in pay or allowances
or reduction in grade, or, if forfeiture or reduction is required by Articles 58a or 58b, the
sentence shall take effect on the earlier of-
(i) 14 days after the sentence is announced under R.C.M. 1007; or
(ii) in the case of a summary court-matiial, the date on which the sentence is approved
by the convening authority.
(B) If an accused is not confined and is performing military duties, that p01tion of the
sentence that provides for more than two-thirds forfeitures of pay shall not be executed.
(2) Confinement.
(A) In general. A commander shall deliver the accused into post-trial confinement when
the sentence of the court-martial includes death or confinement, unless a sentence of
confinement is deferred under R.C.M. 1103.
(B) Calculation. Any period of confinement included in the sentence of a court-mattial
begins to run from the date the sentence is announced by the court-martial. lf the accused was
earlier ordered into confinement under R.C.M. 305, the accused's sentence shall be credited
one day for each day of confinement already served.
(C) Rxclusions in calculating cot!finement. The following periods shall be excluded in
computing the service of the term of confinement:
(i) Periods during which the sentence to confinement is suspended or deferred;
(ii) Periods during which the accused is in custody of civilian authorities under Article
14 from the time of the delivery to the return to military custody, if the accused was convicted
in the civilian court;
(iii) Periods during which the accused is in custody of civilian or foreign authorities
after the convening authority, pursuant to Article 57(b )(2), has postponed the service of a
sentence to confinement;
(iv) Periods during which the accused has escaped, or is absent without authority, or is
absent under a parole that a proper authority has later revoked, or is released from confinement
through misrepresentation or fraud on the part of the prisoner, or is released from confinement
upon the prisoner's petition for a writ under a court order that is later reversed; and
(v) Periods during which another sentence by court-martial to confinement is being
served. When a prisoner serving a court-martial sentence to confinement is later convicted by a
court-martial of another offense and sentenced to confinement, the later sentence interrupts the
running of the earlier sentence. Any unremitted remaining portion of the earlier sentence will be
served after the later sentence is fully executed.
(D) Multiple sentences ~fconjinement. If a court-martial sentence includes more than one
term of confinement, each term of confinement shall be served consecutively or concurrently as
determined by the military judge.
(E) Nature of the confinement. The omission of hard labor from any sentence of a court-
martial which has adjudged confinement shall not prohibit an appropriate authority from
requiring hard labor as part of the punishment.
(F) Place of cor!finement. The place of confinement for persons sentenced to confinement
by courts-martial shall be determined by regulations prescribed by the Secretary concerned.
Under such regulations as the Secretary concerned may prescribe, a sentence to confinement
adjudged by a court-martial or other military tribunal, regardless whether the sentence includes
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a punitive discharge or dismissal and regardless whether the punitive discharge or dismissal has

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