{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-857","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-857","heading":"Effective date of sentences","body":"ARTICLE 57. Effective date of sentences.\n\nA. Execution of sentences. A court-martial sentence shall be\n\nexecuted and take effect as follows:\n\n1. Forfeiture and reduction. A forfeiture of pay or allowances\n\nshall be applicable to pay and allowances accruing on and after the\n\ndate on which the sentence takes effect. Any forfeiture of pay or\n\nallowances or reduction in grade that is included in a sentence of a\n\ncourt-martial takes effect on the earlier of:\n\na. the date that is fourteen (14) days after the date on\n\nwhich the sentence is adjudged, or\n\nb. in the case of a summary court-martial, the date on\n\nwhich the sentence is approved by the convening\n\nauthority;\n\n2. Confinement. Any period of confinement included in a\n\nsentence of a court-martial begins to run from the date the sentence\n\nis adjudged by the court-martial, but periods during which the\n\nsentence to confinement is suspended or deferred shall be excluded\n\nin computing the service of the term of confinement;\n\n3. Approval of dismissal. If, in the case of a commissioned\n\nofficer, or cadet, the sentence of a court-martial extends to\n\ndismissal, that part of the sentence providing for dismissal may not\n\nbe executed until approved by the Adjutant General. In such a case,\n\nthe Adjutant General may commute, remit, or suspend the sentence, or\n\nany part of the sentence, as the Adjutant General sees fit. In time\n\nof war or national emergency he or she may commute a sentence of\n\ndismissal to reduction to any enlisted grade. A person so reduced\n\nmay be required to serve for the duration of the war or emergency\n\nand six (6) months thereafter;\n\n4. Completion of appellate review. If a sentence extends to\n\ndismissal, or a dishonorable or bad-conduct discharge, that part of\n\nthe sentence extending to dismissal or a dishonorable or bad-conduct\n\ndischarge may be executed, in accordance with applicable\n\nregulations, after completion of appellate review and, with respect\n\nto dismissal, approval under paragraph 3 of this subsection, as\n\nappropriate; and\n\n5. Other sentences. Except as otherwise provided in this\n\nsubsection, a general or special court-martial sentence is effective\n\nupon entry of judgment and a summary court-martial sentence is\n\neffective when the convening authority acts on the sentence.\n\nB. Deferral of sentences.\n\n1. In general. On application by an accused, the convening\n\nauthority or, if the accused is no longer under his or her\n\njurisdiction, the officer exercising general court-martial\n\njurisdiction over the command to which the accused is currently\n\nassigned, may, in his or her sole discretion, defer the effective\n\ndate of a sentence of confinement, reduction, or forfeiture. The\n\ndeferment shall terminate upon entry of judgment or, in the case of\n\na summary court-martial, when the convening authority acts on the\n\nsentence. The deferment may be rescinded at any time by the officer\n\nwho granted it or, if the accused is no longer under his or her\n\njurisdiction, by the officer exercising general court-martial\n\njurisdiction over the command to which the accused is currently\n\nassigned.\n\n2. Deferral of certain persons sentenced to confinement. In\n\nany case in which a court-martial sentences a person referred to in\n\nparagraph 3 of this subsection to confinement, the convening\n\nauthority may defer the service of the sentence to confinement,\n\nwithout the consent of that person, until after the person has been\n\npermanently released to the state military forces by a state or\n\nforeign country referred to in that paragraph.\n\n3. Covered persons. Paragraph 2 of this subsection applies to\n\na person subject to this chapter who:\n\na. while in the custody of a state or foreign country is\n\ntemporarily returned by that state or foreign country\n\nto the state military forces for trial by court-\n\nmartial, and\n\nb. after the court-martial, is returned to that state or\ns by a state or\n\nforeign country referred to in that paragraph.\n\n3. Covered persons. Paragraph 2 of this subsection applies to\n\na person subject to this chapter who:\n\na. while in the custody of a state or foreign country is\n\ntemporarily returned by that state or foreign country\n\nto the state military forces for trial by court-\n\nmartial, and\n\nb. after the court-martial, is returned to that state or\n\nforeign country under the authority of a mutual\n\nagreement or treaty, as the case may be.\n\n4. State defined. In this subsection, the term \"state\"\n\nincludes the District of Columbia and any commonwealth, territory,\n\nor possession of the United States.\n\n5. Deferral while review pending. In any case in which a\n\ncourt-martial sentences a person to confinement, but in which review\n\nof the case under subsection A of Section 867 of this title (Article\n\n67, subsection A) is pending, the Adjutant General may defer further\n\nservice of the sentence to confinement while that review is pending.\n\nC. Appellate review.\n\n1. Completion of appellate review. Appellate review is\n\ncomplete under this section when:\n\na. a review under Section 865 of this title (Article 65)\n\nis completed, or\n\nb. a review under Section 866 of this title (Article 66)\n\nis completed by the Military Court of Appeals and:\n\n(1) the time for the accused to file a Petition for\n\nReview by the Court of Criminal Appeals has\n\nexpired and the accused has not filed a timely\n\npetition for such review and the case is not\n\notherwise under review by that Court,\n\n(2) such a petition is rejected by the Court of\n\nCriminal Appeals, or\n\n(3) review is completed in accordance with the\n\njudgment of the Court of Criminal Appeals.\n\n2. Completion as final judgment of legality of proceedings.\n\nThe completion of appellate review shall constitute a final judgment\n\nas to the legality of the proceedings.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"474303157dd773e804cc13f30258a709e7eb5eb114876d0367a1e91cbac2d0ed","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-856","next":"us-ok/okla.-stat.-tit.-44-44-858"},"notice":"GroundRules: Original legal text. Not legal advice."}