Section 304 – Forfeiture of pay as sentence.
Effective 5/4/2022 39A-5-304. Forfeiture of pay as sentence. (1) When a lawful and approved sentence of a court includes a forfeiture of pay or allowances in addition to confinement that is not suspended or deferred, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by […]
Section 305 – Confinement as sentence — Penal institutions.
Effective 5/4/2022 39A-5-305. Confinement as sentence — Penal institutions. (1) A sentence of confinement imposed by a military court, whether or not it includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any […]
Section 306 – Bad conduct discharge or dismissal — Approval by governor.
Effective 5/4/2022 39A-5-306. Bad conduct discharge or dismissal — Approval by governor. (1) A sentence imposing dismissal or bad conduct discharge against a member of the National Guard who is not in federal service may not be executed until it is approved by the governor. (2) A discharge or dismissal may not be imposed by […]
Section 235 – Second trial on an offense prohibited.
Effective 5/4/2022 39A-5-235. Second trial on an offense prohibited. (1) An individual may not, without the individual’s written consent, be brought to trial a second time in any military or civilian court of the state for the same offense. (2) A proceeding in which an accused has been found guilty by a military court upon […]
Section 236 – Sentence — Vacation or suspension.
Effective 5/4/2022 39A-5-236. Sentence — Vacation or suspension. (1) A convening authority may vacate or suspend any part or amount of the unexecuted portion of the sentence, including all uncollected forfeitures. (2) The governor may for good cause shown substitute an administrative form of a discharge for a bad conduct discharge or dismissal executed under […]
Section 237 – Sentence set aside — Rights restored.
Effective 5/4/2022 39A-5-237. Sentence set aside — Rights restored. (1) Under rules prescribed by the governor or the adjutant general all rights, privileges, and property affected by an executed portion of a military court sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial […]
Section 238 – Finality of military court judgments.
Effective 5/4/2022 39A-5-238. Finality of military court judgments. (1) The proceedings, findings, and sentence a military court has reviewed and approved under this chapter, and all dismissals and discharges executed under sentences by military court following review and approval under this chapter, are final and conclusive. (2) Orders publishing the proceedings of military court and […]
Section 239 – Courts of inquiry.
Effective 5/4/2022 39A-5-239. Courts of inquiry. (1) Courts of inquiry to investigate any matter may be convened by the governor or his designee, whether or not the individuals involved have requested the inquiry. (2) A court of inquiry consists of three or more commissioned officers. For each court, the convening authority shall also appoint counsel […]
Section 301 – Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons.
Effective 5/4/2022 39A-5-301. Military punishments — Limits of punishment — Cruel and unusual punishments — Use of irons. (1) Punishment directed by a military court for an offense may not exceed limits prescribed under Subsection (2) or lesser limits prescribed by the governor for the offense. (2) A military court may impose upon an accused […]
Section 302 – Nonjudicial punishment.
Effective 5/4/2022 39A-5-302. Nonjudicial punishment. (1) The governor and the adjutant general of Utah may prescribe regulations governing the administration of nonjudicial punishment. The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by a civilian court of competent jurisdiction. (2) A service member […]