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§ 12-64-601. Cruel and unusual punishments prohibited

(a) Punishment by flogging or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. (b) The use of irons, single or double, except for the purpose of safe custody, is prohibited.

§ 12-64-603. Sentence of dismissal or discharge

(a) A dishonorable discharge, bad conduct discharge, or dismissal shall not be adjudged by any court-martial unless a complete record of the proceedings and testimony before the court has been made. (b) No sentence of dismissal or dishonorable discharge may be executed until it is approved by the Governor or the commanding general of the […]

§ 12-64-604. Effective date of sentences

(a) (1) Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority. (2) No forfeiture may extend to […]

§ 12-64-605. Execution or suspension of sentence

(a) Except as otherwise provided, a court-martial sentence, unless suspended, may be ordered executed by the convening authority when approved by the convening authority in accordance with rules prescribed by the Governor. (b) The convening authority shall approve the sentence or such part, amount, or commuted form of the sentence as the convening authority sees […]

§ 12-64-606. Execution of confinement

(a) A sentence of confinement adjudged by a military court, whether or not the sentence includes a 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 of the forces of the organized militia […]

§ 12-64-607. Execution of process and sentence

(a) In the organized militia not in federal service, the processes and sentences of its courts-martial when issued may be executed by the civil officers prescribed by the laws of the state. (b) When the sentence of a court-martial adjudges confinement and the reviewing authority has approved the sentence in whole or in part, the […]

§ 12-64-609. Fines and forfeitures

(a) Fines may be paid to a military court or to an officer executing its process. (b) (1) The amount of a fine may be noted upon any state roll or account for pay of the delinquent and deducted from any pay or allowance due or thereafter to become due him or her, until the […]

§ 12-64-610. Delinquent fines or forfeitures

(a) (1) When a fine or forfeiture is delinquent for a period of ninety (90) days or more, the Department of the Military shall have a cause of action against the person and property liable for the delinquent portion of the fine or forfeiture, costs of collection, penalties, and interest to which the Department of […]