10 U.S.C. § 858a — Art. 58a. Sentences: reduction in enlisted

Page 777 TITLE 10—ARMED FORCES § 858a bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XI, § 1121(b), Feb. 10, 1996, 110 Stat. 462, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to a case in which a sentence is adjudged by a court-martial on or after the first day of the first month that begins at least 30 days after the date of the enactment of this Act [Feb. 10, 1996].’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–484 effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 of Pub. L. 102–484, set out as a note under section 803 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, but not to apply to any case in which the findings and sen- tence were adjudged by a court-martial before that date, and the proceedings in any such case to be held in the same manner and with the same effect as if such amendments had not been enacted, see section 12(a)(1), (4) of Pub. L. 98–209, set out as a note under section 801 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–632 effective first day of tenth month following October 1968, see section 4 of Pub. L. 90–632, set out as a note under section 801 of this title. [§ 857a. Repealed. Pub. L. 114–328, div. E, title LVIII, § 5302(b)(1), Dec. 23, 2016, 130 Stat. 2923] Section, added Pub. L. 90–632, § 2(24), Oct. 24, 1968, 82 Stat. 1341, § 857(d); amended Pub. L. 102–484, div. A, title X, § 1064, Oct. 23, 1992, 106 Stat. 2505; renumbered § 857a and amended Pub. L. 104–106, div. A, title XI, § 1123(a), Feb. 10, 1996, 110 Stat. 463, related to deferment of sen- tence to confinement. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provi- sions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 858. Art. 58. Execution of confinement (a) Under such instructions as the Secretary concerned may prescribe, a sentence of confine- ment adjudged by a court-martial or other mili- tary tribunal, whether or not the sentence in- cludes discharge or dismissal, and whether or not the discharge or dismissal has been exe- cuted, may be carried into execution by confine- ment in any place of confinement under the con- trol of any of the armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Colum- bia, or place in which the institution is situated. (b) The omission of the words ‘‘hard labor’’ from any sentence of a court-martial adjudging confinement does not deprive the authority exe- cuting that sentence of the power to require hard labor as a part of the punishment. (Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 858(a) ...... 858(b) ...... 50:639(a). 50:639(b). May 5, 1950, ch. 169, § 1 (Art. 58), 64 Stat. 126. In subsection (a), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Department concerned’’, since the ‘‘Department’’ as an entity, cannot issue in- structions. The word ‘‘are’’ is substituted for the words ‘‘shall be’’. The words ‘‘of Columbia’’ are inserted after ‘‘District’’ for clarity. In subsection (b), the word ‘‘from’’ is substituted for the word ‘‘in’’. The words ‘‘does not deprive’’ are sub- stituted for the words ‘‘shall not be construed as de- priving’’. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–163 struck out ‘‘Terri- tory,’’ after ‘‘State,’’. § 858a. Art. 58a. Sentences: reduction in enlisted grade (a) A court-martial sentence of an enlisted member in a pay grade above E–1, as set forth in the judgment of the court-martial entered into the record under section 860c of this title (arti- cle 60c), that includes— (1) a dishonorable or bad-conduct discharge; (2) confinement; or (3) hard labor without confinement; reduces that member to pay grade E–1, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date on which the judg- ment is so entered. (b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or reduced, or, as finally affirmed, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be re- stored to him and he is entitled to the pay and allowances to which he would have been enti- tled, for the period the reduction was in effect, had he not been so reduced. (Added Pub. L. 86–633, § 1(1), July 12, 1960, 74 Stat. 468; amended Pub. L. 114–328, div. E, title LVIII, § 5303, Dec. 23, 2016, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(f)(1), (2), Dec. 12, 2017, 131 Stat. 1385.) Editorial Notes AMENDMENTS 2017—Pub. L. 115–91, § 531(f)(2), struck out ‘‘upon ap- proval’’ after ‘‘reduction in enlisted grade’’ in section catchline. Subsec. (a). Pub. L. 115–91, § 531(f)(1), substituted ‘‘, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take Page 778 TITLE 10—ARMED FORCES § 858b effect on the date’’ for ‘‘, effective on the date’’ in con- cluding provisions. 2016—Subsec. (a). Pub. L. 114–328, § 5303(1), in introduc- tory provisions, substituted ‘‘A’’ for ‘‘Unless otherwise provided in regulations to be prescribed by the Sec- retary concerned, a’’ and ‘‘as set forth in the judgment of the court-martial entered into the record under sec- tion 860c of this title (article 60c)’’ for ‘‘as approved by the convening authority’’, and, in concluding provi- sions, substituted ‘‘on which the judgment is so en- tered’’ for ‘‘of that approval’’. Subsec. (b). Pub. L. 114–328, § 5303(2), substituted ‘‘re- duced, or, as finally affirmed’’ for ‘‘disapproved, or, as finally approved’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. § 858b. Art. 58b. Sentences: forfeiture of pay and allowances during confinement (a)(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take ef- fect on the date determined under section 857 of this title (article 57) and may be deferred as pro- vided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period. (2) A sentence covered by this section is any sentence that includes— (A) confinement for more than six months or death; or (B) confinement for six months or less and a dishonorable or bad-conduct discharge or dis- missal. (b) In a case involving an accused who has de- pendents, the convening authority or other per- son acting under section 860a or 860b of this title (article 60a or 60b) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening au- thority or other person taking action directs, to the dependents of the accused. (c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in sub- section (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the pe- riod during which the forfeiture was in effect. (Added Pub. L. 104–106, div. A, title XI, § 1122(a)(1), Feb. 10, 1996, 110 Stat. 463; amended Pub. L. 104–201, div. A, title X, § 1068(a)(1), Sept. 23, 1996, 110 Stat. 2655; Pub. L. 105–85, div. A, title X, § 1073(a)(9), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 114–328, div. E, title LVIII, § 5302(b)(3), Dec. 23, 2016, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(g), Dec. 12, 2017, 131 Stat. 1385.) Editorial Notes AMENDMENTS 2017—Subsec. (b). Pub. L. 115–91 substituted ‘‘section 860a or 860b of this title (article 60a or 60b)’’ for ‘‘sec- tion 860 of this title (article 60)’’. 2016—Subsec. (a)(1). Pub. L. 114–328 substituted ‘‘sec- tion 857 of this title (article 57)’’ for ‘‘section 857(a) of this title (article 57(a))’’. 1997—Subsec. (a)(1). Pub. L. 105–85 substituted ‘‘for- feiture of pay, or of pay and allowances, due that mem- ber’’ for ‘‘forfeiture of pay and (if adjudged by a general court-martial) allowances due that member’’ in first sentence. 1996—Subsec. (a)(1). Pub. L. 104–201, § 1068(a)(1)(B), substituted ‘‘two-thirds of all pay’’ for ‘‘two-thirds of all pay and allowances’’ in third sentence. Pub. L. 104–201, § 1068(a)(1)(A), which directed amend- ment of first sentence by inserting ‘‘(if adjudged by a general court-martial)’’ after ‘‘all pay and’’, was exe- cuted by making the insertion after ‘‘of pay and’’ in first sentence to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title X, § 1068(a)(2), Sept. 23, 1996, 110 Stat. 2655, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect as of April 1, 1996, and shall apply to any case in which a sentence is adjudged by a court-martial on or after that date.’’ EFFECTIVE DATE Pub. L. 104–106, div. A, title XI, § 1122(b), Feb. 10, 1996, 110 Stat. 463, provided that: ‘‘The section (article) added by the amendment made by subsection (a)(1) [this section] shall apply to a case in which a sentence is adjudged by a court-martial on or after the first day of the first month that begins at least 30 days after the date of the enactment of this Act [Feb. 10, 1996].’’ SUBCHAPTER IX—POST-TRIAL PROCEDURE AND REVIEW OF COURTS-MARTIAL Sec. Art. 859. 59. Error of law; lesser included offense. 860. 60. Post-trial processing in general and spe- cial courts-martial. 860a. 60a. Limited authority to act on sentence in specified post-trial circumstances.