(a) A probationer serving a period of probation under a sentence suspended by a special court-martial that, as approved, includes a bad-conduct discharge, or a suspended general court-martial sentence, is entitled to a hearing before the suspension is vacated. The probationer shall be represented at the hearing by military counsel if the probationer requests representation.
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Terms Used In Alaska Statutes 26.05.620

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • code of military justice: means the provisions of this chapter and the regulations adopted by the adjutant general to implement this chapter. See Alaska Statutes 26.05.990
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • officer: means a commissioned or warrant officer. See Alaska Statutes 26.05.990
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • record: when used in connection with the proceedings of a court-martial, means
    (A) an official written transcript, written summary, or other writing relating to the proceedings. See Alaska Statutes 26.05.990
(b) If the suspended sentence was imposed by a special court-martial, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer. If the officer vacates the suspension, the unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in the code of military justice.
(c) The suspension of another sentence may be vacated by an authority for the command in which the accused is serving or detailed who is competent to convene a court of the kind that imposed the sentence.
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