Oklahoma § 44-860A - Limited authority to act on sentence in specified

§ 44-860A. Limited authority to act on sentence in specified

posttrial circumstances.

ARTICLE 60A. Limited authority to act on sentence in specified

posttrial circumstances.

A. In general.

1. The convening authority of a general or special courtmartial described in paragraph 2 of this subsection:

a.

may act on the sentence of the court-martial only as

provided in subsection B, C or D of this section, and

b.

may not act on the findings of the court-martial.

2. The courts-martial referred to in paragraph 1 of this

subsection are the following:

a.

a general or special court-martial in which the

maximum sentence of confinement established under

subsection A of Section 856 of this title (Article 56,

subsection A) for any offense of which the accused is

found guilty is more than two (2) years,

b.

a general or special court-martial in which the total

of the sentences of confinement imposed, running

consecutively, is more than six (6) months, and

c.

a general or special court-martial in which the

sentence imposed includes a dismissal, dishonorable

discharge, or bad-conduct discharge.

3. Except as provided in subsection D of this section, the

convening authority may act under this section only before entry of

judgment.

4. Under regulations prescribed by the Adjutant General, a

commissioned officer commanding for the time being, a successor in

command, or any person exercising general court-martial jurisdiction

may act under this section in place of the convening authority.

B. Reduction, commutation, and suspension of sentences

generally.

1. Except as provided in subsection C or D of this section, the

convening authority may not reduce, commute, or suspend any of the

following sentences:

Oklahoma Statutes - Title 44. Militia

a.

a sentence of confinement, if the total period of

confinement imposed for all offenses involved, running

consecutively, is greater than six (6) months, and

b.

a sentence of dismissal, dishonorable discharge, or

bad-conduct discharge.

2. The convening authority may reduce, commute, or suspend any

sentence not specified in paragraph 1 of this subsection.

C. Suspension of certain sentences upon recommendation of

military judge.

1. Upon recommendation of the military judge, as included in

the Statement of Trial Results, together with an explanation of the

facts supporting the recommendation, the convening authority may

suspend:

a.

a sentence of confinement, in whole or in part, or

b.

a sentence of dismissal, dishonorable discharge, or

bad-conduct discharge.

2. The convening authority may not, under paragraph 1 of this

subsection:

a.

suspend a mandatory minimum sentence, or

b.

suspend a sentence to an extent in excess of the

suspension recommended by the military judge.

D. Reduction of sentence for substantial assistance by accused.

1. Upon a recommendation by the trial counsel, if the accused,

after sentencing and before entry of judgment, provides substantial

assistance in the investigation or prosecution of another person,

the convening authority may reduce, commute, or suspend a sentence,

in whole or in part, including any mandatory minimum sentence.

2. Upon a recommendation by a trial counsel, designated in

accordance with regulations prescribed by the Adjutant General, if

the accused, after entry of judgment, provides substantial

assistance in the investigation or prosecution of another person, a

convening authority, designated under such regulations, may reduce,

commute, or suspend a sentence, in whole or in part, including any

mandatory minimum sentence.

3. In evaluating whether the accused has provided substantial

assistance under this subsection, the convening authority may

consider the presentence assistance of the accused.

E. Submissions by accused and victim.

1. In accordance with regulations prescribed by the Adjutant

General, in determining whether to act under this section, the

convening authority shall consider matters submitted in writing by

the accused or any victim of an offense. Such rules shall include:

a.

procedures for notice of the opportunity to make such

submissions,

b.

the deadlines for such submissions, and

c.

procedures for providing the accused and any victim of

an offense with a copy of the recording of any open

Oklahoma Statutes - Title 44. Militia

sessions of the court-martial and copies of, or access

to, any admitted, unsealed exhibits.

2. The convening authority shall not consider under this

section any submitted matters that relate to the character of a

victim unless such matters were presented as evidence at trial and

not excluded at trial.

F. Decision of convening authority.

1. The decision of the convening authority under this section

shall be forwarded to the military judge, with copies provided to

the accused and to any victim of the offense.

2. If, under this section, the convening authority reduces,

commutes, or suspends the sentence, the decision of the convening

authority shall include a written explanation of the reasons for

such action.

3. If, under paragraph 2 of subsection D of this section, the

convening authority reduces, commutes, or suspends the sentence, the

decision of the convening authority shall be forwarded to the

military judge for appropriate modification of the entry of

judgment, which shall be transmitted to the State Judge Advocate for

appropriate action.

Added by Laws 2019, c. 408, § 73, eff. Oct. 1, 2019.