{"data":{"id":"us-ky/krs-35.282","jurisdiction":"us-ky","citation":"KRS 35.282","heading":"Deferment of sentences.","body":"(1) On application by an accused who is under sentence to confinement that has not\nbeen ordered executed, the convening authority or, if the accused is no longer under\nthat person's jurisdiction, the person exercising general court -martial jurisdiction\nover the command to which the accused is currently assigned, may in that person's\nsole discretion defer service of the sentence of confinement. The deferment shall\nterminate when the sentence is ordered executed. The deferment may be rescinded\nat any time by the person who granted it or, if the accused is no longer under that\nperson's jurisdiction, by the person exercising general court-martial jurisdiction over\nthe command to which the accused is currently assigned.\n(2) (a) In any case in which a court -martial se ntences an accused referred to in\nparagraph (b) of this subsection to confinement, the convening authority may\ndefer the service of the sentence to confinement, without the consent of the\naccused, until after the accused has been permanently released to th e state\nmilitary forces by a state, the United States, or a foreign country referred to in\nparagraph (b) of this subsection.\n(b) Paragraph (a) of this subsection applies to a person subject to this code who:\n1. While in the custody of a state, the United S tates, or a foreign country is\ntemporarily returned by that state, the United States, or a foreign country\nto the state military forces for trial by court-martial; and\n2. After the court -martial, is returned to that state, the United States, or a\nforeign country under the authority of an agreement or treaty, as the case\nmay be.\n(c) In this subsection, the term \"state\" includes the District of Columbia and any\ncommonwealth, territory, or possession of the United States.\n(3) In any case in which a court -martial sentences an accused to confinement and the\nsentence to confinement has been ordered executed, but in which review of the case\nunder KRS 35.333 is pending, the adjutant general may defer further service of the\nsentence to confinement while that review is pending.","path":["KRS Chapter 35"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=41934","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:52Z","sha256":"92ea38722989ec2fc55c46ee49dc94d1fecb462376c13e32f9c78b1df242387c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-35.280","next":"us-ky/krs-35.285"},"notice":"GroundRules: Original legal text. Not legal advice."}
