Sec. 72.
(1) Before the vacation of the suspension of a special court-martial sentence which, as approved, includes a dishonorable or bad conduct discharge, or of a 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 counsel if the probationer 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 governor in cases involving a general court-martial sentence and to the commanding officer of the force of the state military forces of which the probationer is a member in all other cases covered by subsection (1). If the governor or commanding officer vacates the suspension, the unexecuted part of the sentence shall be executed.
(3) The suspension of any other sentence may be vacated for the command in which the accused is serving or assigned, by an authority competent to convene a court of the kind that imposed the sentence.
History: 1980, Act 523, Eff. Mar. 31, 1981
Structure Michigan Compiled Laws
Chapter 32 - Military Establishment
Act 523 of 1980 - Michigan Code of Military Justice of 1980 (32.1001 - 32.1148)
Article 9 - (32.1060...32.1075)
Section 32.1061 - Referring Record to State Judge Advocate; Review and Opinion.
Section 32.1062 - Returning Record to Court for Action; Reasons.
Section 32.1068 - Appeal From Final Decision of Military Appeals Tribunal.
Section 32.1071 - Execution of Sentence; Approval; Suspension.
Section 32.1073 - Petition for New Trial; Grounds; Time Limitation.