Effective 5/4/2022
39A-5-233. Probation violation — Hearing — Counsel — Execution of suspended sentence.
39A-5-233. Probation violation — Hearing — Counsel — Execution of suspended sentence.
- (1) Probation imposed as a result of a suspended sentence may be vacated by the convening authority.
- (2)
- (a) Before a suspended military court sentence may be vacated, the officer holding convening authority jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.
- (b) The probationer shall be represented by counsel at the hearing.
- (3)
- (a) The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to:
- (i) the governor in cases involving a military court sentence of confinement; or
- (ii) in all other cases, to the commanding officer of the National Guard unit of which the probationer is a member.
- (b) If the governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
- (a) The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to:
- (4) The suspension of any other sentence may be vacated by any authority for the command in which the accused is serving or assigned that is competent to convene a court that imposed the sentence.
Renumbered and Amended by Chapter 373, 2022 General Session