Page 326 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10029

(2) Restriction; hard labor without corifinement. When restriction and hard labor without
confinement are included in the same sentence, they shall, unless one is suspended, be executed
concurrent! y.

Rule 1103. Deferment of confinement, forfeitures, and reduction in grade; waiver of Article
58b forfeitures
(a) In general.
(1) After a sentence is announced, the convening authority may defer a sentence to
confinement, forfeitures, or reduction in grade in accordance with this rule. Defennent may be at
the request of the accused as provided in subsection (b), or without a request of the accused as
provided in subsection (c).
(2) Deferment of a sentence to confinement, forfeitures, or reduction in grade is a
postponement of the running of the sentence.
(b) Deferment requested by an accused The convening authority or, if the accused is no
longer in the convening authority's jurisdiction, the officer exercising general court-martial
jurisdiction over the command to which the accused is assigned, may, upon written
application of the accused, at any time after the adjournment of the court-martial and before
the entry ofjudgment, defer the accused's service of a sentence to confinement, forfeitures,
and reduction in grade.
(c) Deferment without a request from the accused
(1) ln a case in which a court-martial sentences to confinement an accused referred to in
paragraph (2), the convening authority may defer service of the sentence to confinement,
without the consent of the accused, until after the accused has been permanently released to the
armed forces by a State or foreign country.
(2) Paragraph (1) applies to an accused who, while in custody of a State or foreign country,
is temporarily returned by that State or foreign country to the armed forces for trial by court-
martial and, after the court-martial, is returned to that State or foreign country under the
authority of a mutual agreement or treaty, as the case may be.
(3) As used in this subsection, the term "State" means a State of the United States, the
District of Columbia, a territory, and a possession of the United States.
(d) Action on deferment request.
(1) The authority acting on the defennent request may, in that authority's discretion, defer
service of a sentence to confinement, forfeitures, or reduction in grade.
(2) In a case in which the accused requests deferment, the accused shall have the burden of
showing that the interests of the accused and the community in deferral outweigh the
community's interests in imposition of the punishment on its effective date. Factors that the
authority acting on a deferment request may consider in determining whether to grant the
deferment request include, where applicable: the probability of the accused's flight; the
probability of the accused's commission of other offenses, intimidation of witnesses, or
interference with the administration of justice; the nature of the offenses (including the effect
on the victim) of which the accused was convicted; the sentence adjudged; the command's
immediate need for the accused; the effect of deferment on good order and discipline in the
command; the accused's character, mental condition, family situation, and service record. The
decision of the authority acting on the defem1ent request shall be subject to judicial review
only for abuse of discretion. The action of the authority acting on the deferment request shall
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be in 'WTiting. A copy of the action on the deferment request, to include any rescission, shall be
included in the record of trial and a copy shall be provided to the accused and to the military

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