KRS 35.340: Vacation of suspension.

(1) 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 probationer shall be

represented at the hearing by military counsel if the probationer so desires.

(2) The record of the hearing and the recommendation of the officer having special

court-martial jurisdic tion shall be sent for action to the officer exercising general

court-martial jurisdiction over the probationer. If the officer vacates the suspension,

any unexecuted part of the sentence, except a dismissal, shall be executed, subject

to applicable restrictions in this code.

(3) 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.