1. A. General. The military judge, summary court-martial officer, or the convening authority may suspend execution of any sentence. [LCMJ Article 71(B).] No penalty or sentence may be suspended beyond a reasonable period.
2. B. Partial Suspension of Sentence. The military judge, summary court-martial officer, or convening authority may suspend any part or amount of any sentence which has not previously been paid or served. For example, an accused who has been sentenced to 7 days' confinement could be ordered into confinement for 3 days and the remaining 4 days suspended; or an accused who has been sentenced to a $25 fine could be ordered to pay $10 and payment of the remaining $15 suspended.

3. C. Length of Suspension Term. A court-martial sentence may be suspended by the military judge or convening authority for a reasonable period of time. The suspension period cannot extend beyond the expiration of an enlisted accused's present term of service, and is subject to the following maximum periods:

   1. 1. NJP—6 months;
   2. 2. SCM—12 months;
   3. 3. SPCM—18 months;
   4. 4. GCM—24 months.

4. D. Procedure. If the military judge or convening authority does suspend the sentence, the terms of the suspension shall be stated on a document entitled, Conditions of Suspended Sentence, [See Figure 7-5] and the convening authority may include any additional terms the accused may have agreed to in a pretrial agreement (for example, to make restitution). To avoid any misunderstanding or dispute regarding what the terms of suspension are, it is important to obtain the probationer's written acknowledgement of receipt of such terms. If a pretrial agreement was entered into, it will contain the probationer's signature and should set out all terms of suspension. However, if a pretrial agreement does not set out the terms of suspension, the convening authority shall:

   1. 1. specify in writing the terms of the suspension;
   2. 2. cause a copy of the terms to be served in person on the probationer (do not serve them by mail), and;
   3. 3. cause a receipt to be secured from the probationer for service of the terms of the suspension.

Authority Note

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).

Historical Note

HISTORICAL NOTE: Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2407 (November 2009).