Okla. Stat. tit. 44, § 44-858B
This is the official text of Okla. Stat. tit. 44, § 44-858B, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Sentences - Forfeiture of pay and allowances during
Official statutory text
confinement.
ARTICLE 58B. Sentences: forfeiture of pay and allowances during
confinement.
Oklahoma Statutes - Title 44. Militia Page 118
A. 1. A court-martial sentence described in paragraph 2 of
this subsection 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 effect
on the date determined under Section 857 of this title (Article 57)
and may be deferred as provided in that article. 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 (2/3) 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 (6) months; or
b. confinement for six (6) months or less and a
dishonorable or bad-conduct discharge or dismissal.
B. In a case involving an accused who has dependents, the
convening authority or other person 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 of this
section for a period not to exceed six (6) months. Any amount of
pay or allowances that, except for a waiver under this subsection,
would be forfeited shall be paid, as the convening authority 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 of this section is set aside or disapproved or,
as finally approved, does not provide for a punishment referred to
in paragraph 2 of subsection A of this section, the member shall be
paid the pay and allowances which the member would have been paid,
except for the forfeiture, for the period which the forfeiture was
in effect.
ARTICLE 58B. Sentences: forfeiture of pay and allowances during
confinement.
Oklahoma Statutes - Title 44. Militia Page 118
A. 1. A court-martial sentence described in paragraph 2 of
this subsection 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 effect
on the date determined under Section 857 of this title (Article 57)
and may be deferred as provided in that article. 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 (2/3) 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 (6) months; or
b. confinement for six (6) months or less and a
dishonorable or bad-conduct discharge or dismissal.
B. In a case involving an accused who has dependents, the
convening authority or other person 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 of this
section for a period not to exceed six (6) months. Any amount of
pay or allowances that, except for a waiver under this subsection,
would be forfeited shall be paid, as the convening authority 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 of this section is set aside or disapproved or,
as finally approved, does not provide for a punishment referred to
in paragraph 2 of subsection A of this section, the member shall be
paid the pay and allowances which the member would have been paid,
except for the forfeiture, for the period which the forfeiture was
in effect.
Status: in_force · Read it on the official government site
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