Title 10 — Armed Forces
Part II · Chapter 47 — Uniform Code of Military Justice
§ 858. Art. 58. Execution of confinement
Statutory text
Under such instructions as the Secretary concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated.
The omission of the words “hard labor” from any sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 57 · 70A Stat. 57
Enacted · 10 U.S.C. § 858
Aug. 10, 1956, ch. 1041, 70A Stat. 57
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 57National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title X § 1057(a)(3) · 119 Stat. 3136
Struck · 10 U.S.C. § 858(a)
Pub. L. 109–163 struck out “Territory,” after “State,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–163 struck out “Territory,” after “State,”.Enacted provision · exact public law section
(3) The following sections are amended by striking the terms “Territory,” and “Territories,” each place they appear: sections 849, 858, 888, 2668, 2669, 7545, and 9773.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 858(a)858(b) | 50:639(a).50:639(b). | May 5, 1950, ch. 169, § 1 (Art. 58), 64 Stat. 126. |
In subsection (a), the words “Secretary concerned” are substituted for the words “Department concerned”, since the “Department” as an entity, cannot issue instructions. The word “are” is substituted for the words “shall be”. The words “of Columbia” are inserted after “District” for clarity.
In subsection (b), the word “from” is substituted for the word “in”. The words “does not deprive” are substituted for the words “shall not be construed as depriving”.
Editorial Notes
Amendments
2006—Subsec. (a). Pub. L. 109–163 struck out “Territory,” after “State,”.
Credits
1956–2006 · 2 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 57
- 2006Pub. L. 109–163, div. A, title X, § 1057(a)(3), , 119 Stat. 3440.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 109–163, div. A, title X, § 1057(a)(3), , 119 Stat. 3440.)