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12-64-709. Vacation of suspension of sentence.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-64-709. Vacation of suspension of sentence.
(a)(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.
(2) The probationer shall be represented at the hearing by counsel if he or she so desires.
(3) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (a) of this section.
(4) If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(b) 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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-64-709
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-64-709
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 12b8121f7b0f3a6d64187186dbee166a7790f5c71b43897bb67eaabdac92645f
Source location: content.xml paragraph 19263
Stored source content
12-64-709. Vacation of suspension of sentence.
(a)(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.
(2) The probationer shall be represented at the hearing by counsel if he or she so desires.
(3) The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the force of the organized militia of which the probationer is a member in all other cases covered by subsection (a) of this section.
(4) If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.
(b) 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.
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