Page 332 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10035

of which the suspended part of the sentence shall be remitted. Remission cancels the
unexecuted part of a sentence to which it applies. The unexecuted part of a sentence is that part
of the sentence that has not been carried out.
(b) Who may suspend and remit.
(1) Suspension l1)hen acting on sentence. The convening authority may suspend the
execution of a couti-matiial sentence as authorized under R.C.M. 1109 or 1110.
(2) Suspension cifter entty ofjudgment. The commander of the accused who has the
authority to convene a court-martial of the type that imposed the sentence on the accused may
suspend any part of the unexecuted part of any sentence except a sentence of death,
dishonorable discharge, bad-conduct discharge, dismissal, or confinement for more than six
months.
(3) Remission~~ sentence. The commander of the accused who has the authority to convene
a court-martial of the type that imposed the sentence on the accused may remit any unexecuted
part of the sentence, except a sentence of death, dishonorable discharge, bad-conduct discharge,
dismissal, or confinement for more than six months.
(4) Secretarial authori(v. The Secretary concerned and, when designated by the Secretary
concerned, any Under Secretary, Assistant Secretary, Judge Advocate General, or commanding
officer may suspend or remit any part or amount of the unexecuted part of any sentence other
than a sentence approved by the President or a sentence of confinement for life without
eligibility for parole. The Secretary concerned may, however, suspend or remit the unexecuted
part of a sentence of confinement for life without eligibility for parole only after the service of a
period of confinement of not less than 20 years.
(c) Conditions ojs11.~pension. The authority who suspends the execution of the sentence of a
court-martial shall:
(1) Specify in writing the conditions of the suspension;
(2) Cause a copy of the conditions of the suspension to be served on the probationer; and
(3) Cause a receipt to be secured from the probationer for service of the conditions of the
suspensiOn.
Unless otherwise stated, an action suspending a sentence includes as a condition that the
probationer not violate any punitive article of the Uniform Code of Military Justice.
(d) Limitations on suspension.
(1) A sentence of death may not be suspended.
(2) A sentence of dishonorable discharge, bad-conduct discharge, dismissal, or confinement
for more than six months may be suspended only as provided by paragraph (b )(4) and R.C.M.
1109(f).
(3) Suspension shall be for a stated period or until the occurrence of an anticipated future
event. The period shall not be unreasonably long. The Secretary concerned may further limit by
regulation the period for which the execution of a sentence may be suspended. The convening
authority shall provide in the action that, unless the suspension is sooner vacated, the expiration
of the period of suspension shall remit the suspended pmiion of the sentence.
(e) Termination of suspension by remission Expiration of the period provided in the action
suspending a sentence or part of a sentence shall remit the suspended sentence portion unless
the suspension is sooner vacated. Death or separation which terminates status as a person
subject to the UCMJ will result in remission of the suspended portion of the sentence.

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Rule 11 08. Vacation of suspension of sentence
(a) In general. Suspension of execution of the sentence of a court-martial may be vacated for

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