Okla. Stat. tit. 44, § 44-857

ARTICLE 57. Effective date of sentences.

A. Execution of sentences. A court-martial sentence shall be

executed and take effect as follows:

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1. Forfeiture and reduction. A forfeiture of pay or allowances

shall be applicable to pay and allowances accruing on and after the

date on which the sentence takes effect. Any forfeiture of pay or

allowances or reduction in grade that is included in a sentence of a

court-martial takes effect on the earlier of:

a. the date that is fourteen (14) days after the date on

which the sentence is adjudged, or

b. in the case of a summary court-martial, the date on

which the sentence is approved by the convening

authority;

2. Confinement. Any period of confinement 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 confinement is suspended or deferred shall be excluded

in computing the service of the term of confinement;

3. Approval of dismissal. If, in the case of a commissioned

officer, or cadet, the sentence of a court-martial extends to

dismissal, that part of the sentence providing for dismissal may not

be executed until approved by the Adjutant General. In such a case,

the Adjutant General may commute, remit, or suspend the sentence, or

any part of the sentence, as the Adjutant General sees fit. In time

of war or national emergency he or she may commute a sentence of

dismissal to reduction to any enlisted grade. A person so reduced

may be required to serve for the duration of the war or emergency

and six (6) months thereafter;

4. Completion of appellate review. If a sentence extends to

dismissal, or a dishonorable or bad-conduct discharge, that part of

the sentence extending to dismissal or a dishonorable or bad-conduct

discharge may be executed, in accordance with applicable

regulations, after completion of appellate review and, with respect

to dismissal, approval under paragraph 3 of this subsection, as

appropriate; and

5. Other sentences. Except as otherwise provided in this

subsection, a general or special court-martial sentence is effective

upon entry of judgment and a summary court-martial sentence is

effective when the convening authority acts on the sentence.

B. Deferral of sentences.

1. In general. On application by an accused, the convening

authority or, if the accused is no longer under his or her

jurisdiction, the officer exercising general court-martial

jurisdiction over the command to which the accused is currently

assigned, may, in his or her sole discretion, defer the effective

date of a sentence of confinement, reduction, or forfeiture. The

deferment shall terminate upon entry of judgment or, in the case of

a summary court-martial, when the convening authority acts on the

sentence. The deferment may be rescinded at any time by the officer

who granted it or, if the accused is no longer under his or her

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jurisdiction, by the officer exercising general court-martial

jurisdiction over the command to which the accused is currently

assigned.

2. Deferral of certain persons sentenced to confinement. In

any case in which a court-martial sentences a person referred to in

paragraph 3 of this subsection to confinement, the convening

authority may defer the service of the sentence to confinement,

without the consent of that person, until after the person has been

permanently released to the state military forces by a state or

foreign country referred to in that paragraph.

3. Covered persons. Paragraph 2 of this subsection applies to

a person subject to this chapter who:

a. while in the custody of a state or foreign country is

temporarily returned by that state or foreign country

to the state military forces for trial by court-

martial, and

b. after the court-martial, is returned to that state or
s by a state or

foreign country referred to in that paragraph.

3. Covered persons. Paragraph 2 of this subsection applies to

a person subject to this chapter who:

a. while in the custody of a state or foreign country is

temporarily returned by that state or foreign country

to the state military forces for trial by court-

martial, and

b. after the court-martial, is returned to that state or

foreign country under the authority of a mutual

agreement or treaty, as the case may be.

4. State defined. In this subsection, the term "state"

includes the District of Columbia and any commonwealth, territory,

or possession of the United States.

5. Deferral while review pending. In any case in which a

court-martial sentences a person to confinement, but in which review

of the case under subsection A of Section 867 of this title (Article

67, subsection A) is pending, the Adjutant General may defer further

service of the sentence to confinement while that review is pending.

C. Appellate review.

1. Completion of appellate review. Appellate review is

complete under this section when:

a. a review under Section 865 of this title (Article 65)

is completed, or

b. a review under Section 866 of this title (Article 66)

is completed by the Military Court of Appeals and:

(1) the time for the accused to file a Petition for

Review by the Court of Criminal Appeals has

expired and the accused has not filed a timely

petition for such review and the case is not

otherwise under review by that Court,

(2) such a petition is rejected by the Court of

Criminal Appeals, or

(3) review is completed in accordance with the

judgment of the Court of Criminal Appeals.

2. Completion as final judgment of legality of proceedings.

The completion of appellate review shall constitute a final judgment

as to the legality of the proceedings.

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