(a) If an accused is under sentence to confinement that has not yet been ordered executed, the convening authority or, if the accused is no longer under the convening authority’s jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed may, in that person’s sole discretion, defer service of the sentence to confinement. The deferment terminates when the sentence is ordered to be executed. The deferment may be rescinded at any time by the authority who granted it or, if the accused is no longer under that person’s jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently detailed.
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Terms Used In Alaska Statutes 26.05.595

  • confinement: means the physical restraint of a person. See Alaska Statutes 26.05.990
  • convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Alaska Statutes 26.05.990
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • militia of the state: means the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force. See Alaska Statutes 26.05.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) If a court-martial sentences an accused to confinement, the convening authority may, without the consent of the accused, defer the service of the sentence until after the accused has been permanently released to the militia of the state by a state, the United States, or a foreign country

(1) that had custody of the accused;
(2) that temporarily returned the accused to the militia of the state for trial by court-martial; and
(3) to which, after the court-martial, the militia of the state returned the accused under the authority of a mutual agreement or treaty.
(c) In a case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under AS 26.05.615 , 26.05.640, or 26.05.645 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.
(d) In (b) of this section, “state” includes the District of Columbia and any commonwealth, territory, or possession of the United States.
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