Skip to main content
Find a Lawyer

Kentucky Revised Statutes Title V. Military Affairs § 35.282.Deferment of sentences

Current as of January 01, 2024 | Updated by FindLaw Staff

(1) 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 that person's jurisdiction, the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in that person's sole discretion defer service of the sentence of confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

(2) (a) In any case in which a court-martial sentences an accused referred to in paragraph (b) of this subsection to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the state military forces by a state, the United States, or a foreign country referred to in paragraph (b) of this subsection.

(b) Paragraph (a) of this subsection applies to a person subject to this code who:

1. While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial; and

2. After the court-martial, is returned to that state, the United States, or a foreign country under the authority of an agreement or treaty, as the case may be.

(c) In this subsection, the term “state” includes the District of Columbia and any commonwealth, territory, or possession of the United States.

(3) In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under KRS 35.333 is pending, the adjutant general may defer further service of the sentence to confinement while that review is pending.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Kentucky Revised Statutes Title V. Military Affairs § 35.282.Deferment of sentences - last updated January 01, 2024 | https://codes.findlaw.com/ky/title-v-military-affairs/ky-rev-st-sect-35-282/

Read this complete Kentucky Revised Statutes Title V. Military Affairs § 35.282.Deferment of sentences on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Kentucky Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard