§ 857. Art. 57. Effective date of sentences

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 56 · 70A Stat. 56

   Enacted · 10 U.S.C. § 857

   Aug. 10, 1956, ch. 1041, 70A Stat. 56

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 56

2. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(24) · 82 Stat. 1335

   Inserted · 10 U.S.C. § 857(a)

   Pub. L. 90–632 inserted reference to deferral of sentence of confinement

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–632 inserted reference to deferral of sentence of confinement.

   Enacted provision · exact public law section
   (24) Section 857 (article 57) is amended by inserting the words “or 70A Stat. 56. deferred” after “suspended” in subsections (a) and (b); and by adding at the end thereof a new subsection as follows: “(d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.”

3. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(24) · 82 Stat. 1335

   Inserted · 10 U.S.C. § 857(b)

   Pub. L. 90–632 inserted reference to deferral of sentence of confinement

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 90–632 inserted reference to deferral of sentence of confinement.

   Enacted provision · exact public law section
   (24) Section 857 (article 57) is amended by inserting the words “or 70A Stat. 56. deferred” after “suspended” in subsections (a) and (b); and by adding at the end thereof a new subsection as follows: “(d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.”

4. 1968

   Military Justice Act of 1968

   Pub. L. 90–632 § 2(24) · 82 Stat. 1335

   Added · 10 U.S.C. § 857(d)

   Pub. L. 90–632 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 90–632 added subsec. (d).

   Enacted provision · exact public law section
   (24) Section 857 (article 57) is amended by inserting the words “or 70A Stat. 56. deferred” after “suspended” in subsections (a) and (b); and by adding at the end thereof a new subsection as follows: “(d) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.”

5. 1983

   Military Justice Act of 1983

   Pub. L. 98–209 § 5(f) · 97 Stat. 1393

   Substituted · 10 U.S.C. § 857(a)

   Pub. L. 98–209 substituted provision that no forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title, for provision that whenever a sentence of a court-martial as lawfully adjudged and approved included a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture could apply to pay or allowances becoming due on or after the date the sentence was approved by the convening authority, and that no forfeiture could extend to any pay or allowances accrued before that date

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–209 substituted provision that no forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title, for provision that whenever a sentence of a court-martial as lawfully adjudged and approved included a forfeiture of pay or allowances in addition to confinement not suspended or deferred, the forfeiture could apply to pay or allowances becoming due on or after the date the sentence was approved by the convening authority, and that no forfeiture could extend to any pay or allowances accrued before that date.

   Enacted provision · exact public law section
   (f) 10 USC 857. Subsection (a) of section 857 (article 57(a)) is amended to read as follows: “(a) No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).”.

6. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title X § 1064 · 106 Stat. 2315

   Added · 10 U.S.C. § 857(e)

   Pub. L. 102–484 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–484 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 1064. POSTPONEMENT OF CONFINEMENT. Section 857 (article 57) of title 10, United States Code, is amended by adding at the end the following new subsection: “(e) (1) In any case in which a court-martial sentences a person referred to in paragraph (2) to confinement, the convening authority may postpone the service of the sentence to confinement, without the consent of that person, until after the person has been permanently released to the armed forces by a State or foreign country referred to in that paragraph. “(2) Paragraph (1) 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 armed 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. “(3) In this subsection, the term ‘State’ includes the District of Columbia and any commonwealth, territory, or possession of the United States.”.

7. 1996

   Military Justice Amendments of 1995

   Pub. L. 104–106 § 1121(a) · 110 Stat. 186

   Amended · 10 U.S.C. § 857(a)

   Pub. L. 104–106, § 1121(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106, § 1121(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “No forfeiture may extend to any pay or allowances accrued before the date on which the sentence is approved by the person acting under section 860(c) of this title (article 60(c)).”

   Enacted provision · exact public law section
   (a) Effective Date of Specified Punishments.— Subsection (a) of section 857 (article 57) is amended to read as follows: “(a) (1) 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 14 days after the date on which the sentence is adjudged; or “(B) the date on which the sentence is approved by the convening authority. “(2) On application by an accused, the convening authority may defer a forfeiture of pay or allowances or reduction in grade that would otherwise become effective under paragraph (1)(A) until the date on which the sentence is approved by the convening authority. Such a deferment may be rescinded at any time by the convening authority. “(3) 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. “(4) In this subsection, the term ‘convening authority’, with respect to a sentence of a court-martial, means any person authorized to act on the sentence under section 860 of this title (article 60).”.

8. 1996

   Military Justice Amendments of 1995

   Pub. L. 104–106 § 1123(a)(1) · 110 Stat. 186

   Redesignated · 10 U.S.C. § 857(d); 10 U.S.C. § 857(e)

   Pub. L. 104–106, § 1123(a)(1), (2), redesignated subsecs. (d) and (e) as section 857a(a) and (b), respectively, of this title

   Source evidence

   Code amendment note
   Subsecs. (d), (e). Pub. L. 104–106, § 1123(a)(1), (2), redesignated subsecs. (d) and (e) as section 857a(a) and (b), respectively, of this title.

   Enacted provision · exact public law section
   (1) by inserting after subsection (c) of section 857 (article 57) the following: “§ 857a. Art. 57a. Deferment of sentences”;

9. 2016

   Military Justice Act of 2016

   Pub. L. 114–328 div. E title LVIII § 5302(a) · 130 Stat. 2000

   Amended · 10 U.S.C. § 857

   Pub. L. 114–328 amended section generally. Prior to amendment, section related to effective date of sentences

   Source evidence

   Code amendment note
   Pub. L. 114–328 amended section generally. Prior to amendment, section related to effective date of sentences.

   Enacted provision · exact public law section
   (a) In General.— Section 857 of title 10, United States Code (article 57 of the Uniform Code of Military Justice), is amended to read as follows: “§ 857. Art. 57. Effective date of sentences “(a) Execution of Sentences.— A court-martial sentence shall be executed and take effect as follows: “(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 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 sentence of death.— If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended. “(4) Approval of dismissal.— If in the case of a commissioned officer, cadet, or midshipman, 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 Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, remit, or suspend the sentence, or any part of the sentence, as the Secretary sees fit. In time of war or national emergency he 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 months thereafter. “(5) Completion of appellate review.— If a sentence extends to death, dismissal, or a dishonorable or bad-conduct discharge, that part of the sentence extending to death, dismissal, or a dishonorable or bad-conduct discharge may be executed, in accordance with service regulations, after completion of appellate review (and, with respect to death or dismissal, approval under paragraph (3) or (4), as appropriate). “(6) 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 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) 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 armed forces by a State or foreign country referred to in that paragraph. “(3) Covered persons.— Paragraph (2) 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 armed 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 section 867(a)(2) of this title (article 67(a)(2)) is pending, the Secretary concerned 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 a Court of Criminal Appeals and— “(i) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces 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; “(ii) such a petition is rejected by the Court of Appeals for the Armed Forces; or “(iii) review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and— “(I) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; “(II) such a petition is rejected by the Supreme Court; or “(III) review is otherwise completed in accordance with the judgment of the Supreme Court. “(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.” .

   Effective date note
   Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

8 of 9 references resolved to an enrolled provision · 1 partial