Page 327 - Trump Executive Orders 2017-2021

10030 Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents

judge.
(e) Restraint when deferment is granted. When defennent of confinement is granted, no fonn of
restraint or other limitation on the accused's liberty may be ordered as a substitute form of
punishment. An accused may, however, be restricted to specified limits or conditions may be
placed on the accused's liberty during the period of deferment for any other proper reason,
including a ground for restraint under R.C.M. 304.
(f) End of deferment. Defennent of a sentence to confinement, forfeitures, or reduction in grade
ends:
(1) In a case where the accused requested deferment under subsection (b)-
(A) When the military judge of a general or special court-martial enters the judgment into
the record of trial under R.C.M. 1111; or
(B) When the convening authority of a summary court-martial acts on the sentence of the
court-martial;
(2) In a case where the deferment was granted under subsection (c), when the accused has
been permanently released to the armed forces by a State or foreign country;
(3) When the deferred confinement, forfeitures, or reduction in grade are suspended;
(4) When the deferment expires by its own terms; or
(5) When the deferment is othervv1se rescinded in accordance with subsection (g).
(g) Rescission of deferment.
(1) Who may rescind. The authority who granted the deferment or, if the accused is
no longer within that authority's jurisdiction, the officer exercising general court-martial
jurisdiction over the command to which the accused is assigned, may rescind the deferment.
(2) Action. Deferment of confinement, forfeitures, or reduction in grade may be rescinded
when additional information is presented to a proper authority which, when considered with
all other information in the case, that authority finds, in that authority's discretion, is grounds
for denial of deferment under paragraph (d)(2). The accused and the military judge shall
promptly be informed of the basis for the rescission. The accused shall also be informed of the
right to submit written matters and to request that the rescission be reconsidered. The accused
may be required to serve the sentence to confinement, forfeitures, or reduction in grade
pending this action.
(3) Orders. Rescission of a defennent before or concurrently with the entry of judgment
shall be noted in the judgment that is entered into the record of trial under R.C.M. 1111.
(h) Waivingforj(!itures resulting from a sentence to COl!/inement to provide for dependent
support.
( 1) With respect to forfeiture of pay and allowances resulting only by operation oflaw and
not adjudged by the court, the convening authority may waive, for a period not to exceed six
months, all or part of the forfeitures for the purpose of providing support to the accused's
dependent(s). The convening authority may waive and direct payment of any such forfeitures
when they become effective by operation of Atiicle 58(b ).
(2) Factors that may be considered by the convening authority in determining the amount of
forfeitures, if any, to be waived include, but are not limited to, the length of the accused's
confinement, the number and age(s) of the accused's family members, whether the accused
requested waiver, any debts owed by the accused, the ability ofthe accused's family members to
find employment, and the availability of transitional compensation for abused dependents
permitted under 10 U.S.C. 1059.
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(3) For the purposes of this mle, a "dependent" means any person qualifying as a "dependent"

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