Page 336 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10039

(5) Release ft·om COT!finement. If the hearing is not personally conducted by the officer
having the authority to take action under subsection (e) of this mle and the officer conducting
the hearing finds there is not probable cause to believe that the probationer violated any
condition of the suspension, the officer shall order the release of the probationer from any
confinement ordered under subsection (c) of this mle, and forward the record and
recommendation to the officer having the authority to take action under subsection (e) of this
mle.
(e)Action.
(1) General courts-martial and certain special courts-martial. In a case of a suspended
sentence from any general court-martial or a suspended sentence from a special court-martial
that adjudged either a bad-conduct discharge or confinement for more than six months, unless
the officer exercising general court-martial jurisdiction over the probationer personally
conducted the hearing, the officer exercising general court-martial jurisdiction over the
probationer shall review the record and the recommendation produced by the officer who
conducted the hearing on the alleged violation ofthe conditions of suspension, decide whether
the probationer violated a condition of suspension, and, if so, decide whether to vacate the
suspended sentence. If the officer exercising general court-martial jurisdiction decides to vacate
the suspended sentence, that officer shall prepare a written statement of the evidence relied on
and the reasons for vacating the suspended sentence.
(2) Special courts-martial wherein a had-conduct discharge and cor!finement.for more tlu.m
six months 1-vas not adjudged In a case of a suspended sentence from a special court-martial
that did not include a bad-conduct discharge or confinement for more than six months, unless
the otlicer having special court-martial jurisdiction over the probationer personally conducted
the hearing, the officer having special court-martial jurisdiction over the probationer shall
review the record and the recommendation produced by the otlicer who conducted the hearing,
decide whether the probationer violated a condition of suspension, and, if so, decide whether to
vacate the suspended sentence. If the officer exercising special court-martial jurisdiction
decides to vacate the suspended sentence, that officer shall prepare a written statement of the
evidence relied on and the reasons for vacating the suspended sentence. The authority holding
the same or higher court-martial authority as the oflicer who originally suspended the
probationer's sentence may withhold the authority to take action under this paragraph to that
of11cer.
(3) Vacation o.fa suspended sentence.from a summary court-martial. In a case of a
suspended sentence from a summary court-martial, unless the of11cer having summary court-
martial jurisdiction over the probationer personally conducted the hearing, the officer having
summary court-martial jurisdiction over the probationer shall review the record and the
recommendation produced by the officer who conducted the hearing, and decide whether the
probationer violated a condition of suspension, and, if so, decide whether to vacate the
suspended sentence. Ifthe officer exercising summary comi-martialjurisdiction decides to
vacate the suspended sentence, that officer shall prepare a written statement of the evidence
relied on and the reasons for vacating the suspended sentence. The authority holding the same
or higher court-martial authority as the officer who originally suspended the probationer's
sentence may withhold the authority to take action under this paragraph to that officer.
(4) Execution. Any unexecuted part of a suspended sentence ordered vacated under this
subsection shall be executed.
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