§428. Execution of sentences
1. Imprisonment. Under instructions issued by the Governor, a sentence of imprisonment adjudged by a court-martial, whether or not the sentence includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by imprisonment in any place designated as provided in section 408. Persons confined in a correctional center not under the control of one of the military forces are subject to the same discipline and treatment as persons committed by the courts of the State.
Any period of imprisonment included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to imprisonment is suspended or deferred must be excluded in computing the service of the term of imprisonment.
[PL 2001, c. 662, §53 (AMD).]
2. Forfeiture. Whenever a sentence includes both a forfeiture of pay and allowances and imprisonment and the imprisonment is not suspended or deferred, the forfeiture may apply only to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.
[PL 1983, c. 460, §3 (NEW).]
3. Effective date. Sentences of courts-martial are effective on the date ordered executed, except another date may be required by subsection 1 or 2.
[PL 1983, c. 460, §3 (NEW).]
SECTION HISTORY
PL 1983, c. 460, §3 (NEW). PL 2001, c. 662, §53 (AMD).
Structure Maine Revised Statutes
TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT
Chapter 5: MAINE CODE OF MILITARY JUSTICE
37-B §403. Persons subject to the Code
37-B §404. Places where applicable
37-B §407. Arrest or confinement
37-B §410. Information on charges; speedy trial
37-B §411. Quelling of disorders
37-B §412. Receiving prisoners
37-B §413. Report of persons held
37-B §414. Application of the United States Manual for Courts-Martial
37-B §415. Nonjudicial punishment (REPEALED)
37-B §415-A. Nonjudicial punishment
37-B §419. Convening a court-martial
37-B §420. Composition of court-martial
37-B §424. Members of court-martial
37-B §425. Pretrial procedures
37-B §426. Limitation of charges
37-B §428. Execution of sentences
37-B §430. State judge advocate's opinion
37-B §431. Approval of findings and sentence
37-B §435. Approval by the Governor
37-B §437. Restoration of rights
37-B §442. Absent without leave
37-B §444. Disrespect to officer
37-B §445. Striking or disobeying an officer
37-B §446. Striking or disobeying a noncommissioned officer
37-B §447. Failure to obey order
37-B §450. Under influence of alcohol or drugs on duty
37-B §452. Feigning illness to avoid duty
37-B §454. False official statements
37-B §455. Cruelty and maltreatment
37-B §457. Wrongful possession of controlled substance
37-B §458. Larceny and wrongful appropriation