Kentucky Statutes 35.340 – Vacation of suspension
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(1) Before the vacation of the suspension of a special court-martial sentence, which as approved includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer shall be represented at the hearing by military counsel if the probationer so desires.
(2) 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, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.
(3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 74, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 47. — Created 1954 Ky. Acts ch. 99, sec. 67, effective July
1, 1954.
(2) 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, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in this code.
Terms Used In Kentucky Statutes 35.340
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Code: means this chapter. See Kentucky Statutes 35.010
- 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.
- Military: refers to any or all of the Armed Forces. See Kentucky Statutes 35.010
- Officer: means a commissioned or warrant officer. See Kentucky Statutes 35.010
- 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 Kentucky Statutes 35.010
(3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Effective: June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 74, effective June 25, 2013. — Amended
1970 Ky. Acts ch. 56, sec. 47. — Created 1954 Ky. Acts ch. 99, sec. 67, effective July
1, 1954.