Okla. Stat. tit. 44, § 44-872
This is the official text of Okla. Stat. tit. 44, § 44-872, 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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Vacation of suspension
Official statutory text
ARTICLE 72. Vacation of suspension.
A. Before the vacation of the suspension of a special court-
martial sentence which as approved includes a bad-conduct discharge,
or of any 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 State Judge Advocate
shall detail a judge advocate, who is certified under subsection B
of Section 827 of this title (Article 27, subsection B), to conduct
the hearing. The probationer shall be represented at the hearing by
counsel if the probationer so desires.
B. The record of the hearing and the recommendation of the
officer having special court-martial jurisdiction shall be sent for
action to the Adjutant General. If the Adjutant General vacates the
suspension, any unexecuted part of the sentence shall be executed,
subject to applicable restrictions in Section 857 of this title
(Article 57).
Oklahoma Statutes - Title 44. Militia Page 140
C. The suspension of any other sentence may be vacated by any
authority competent to convene, for the command in which the accused
is serving or assigned, a court of the kind that imposed the
sentence.
A. Before the vacation of the suspension of a special court-
martial sentence which as approved includes a bad-conduct discharge,
or of any 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 State Judge Advocate
shall detail a judge advocate, who is certified under subsection B
of Section 827 of this title (Article 27, subsection B), to conduct
the hearing. The probationer shall be represented at the hearing by
counsel if the probationer so desires.
B. The record of the hearing and the recommendation of the
officer having special court-martial jurisdiction shall be sent for
action to the Adjutant General. If the Adjutant General vacates the
suspension, any unexecuted part of the sentence shall be executed,
subject to applicable restrictions in Section 857 of this title
(Article 57).
Oklahoma Statutes - Title 44. Militia Page 140
C. The suspension of any other sentence may be vacated by any
authority competent to convene, for the command in which the accused
is serving or assigned, a court of the kind that imposed the
sentence.
Status: in_force · Read it on the official government site
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