{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-860a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-860A","heading":"Limited authority to act on sentence in specified","body":"posttrial circumstances.\n\nARTICLE 60A. Limited authority to act on sentence in specified\n\nposttrial circumstances.\n\nA. In general.\n\n1. The convening authority of a general or special court-\n\nmartial described in paragraph 2 of this subsection:\n\na. may act on the sentence of the court-martial only as\n\nprovided in subsection B, C or D of this section, and\n\nb. may not act on the findings of the court-martial.\n\n2. The courts-martial referred to in paragraph 1 of this\n\nsubsection are the following:\n\na. a general or special court-martial in which the\n\nmaximum sentence of confinement established under\n\nsubsection A of Section 856 of this title (Article 56,\n\nsubsection A) for any offense of which the accused is\n\nfound guilty is more than two (2) years,\n\nb. a general or special court-martial in which the total\n\nof the sentences of confinement imposed, running\n\nconsecutively, is more than six (6) months, and\n\nc. a general or special court-martial in which the\n\nsentence imposed includes a dismissal, dishonorable\n\ndischarge, or bad-conduct discharge.\n\n3. Except as provided in subsection D of this section, the\n\nconvening authority may act under this section only before entry of\n\njudgment.\n\n4. Under regulations prescribed by the Adjutant General, a\n\ncommissioned officer commanding for the time being, a successor in\n\ncommand, or any person exercising general court-martial jurisdiction\n\nmay act under this section in place of the convening authority.\n\nB. Reduction, commutation, and suspension of sentences\n\ngenerally.\n\n1. Except as provided in subsection C or D of this section, the\n\nconvening authority may not reduce, commute, or suspend any of the\n\nfollowing sentences:\n\na. a sentence of confinement, if the total period of\n\nconfinement imposed for all offenses involved, running\n\nconsecutively, is greater than six (6) months, and\n\nb. a sentence of dismissal, dishonorable discharge, or\n\nbad-conduct discharge.\n\n2. The convening authority may reduce, commute, or suspend any\n\nsentence not specified in paragraph 1 of this subsection.\n\nC. Suspension of certain sentences upon recommendation of\n\nmilitary judge.\n\n1. Upon recommendation of the military judge, as included in\n\nthe Statement of Trial Results, together with an explanation of the\n\nfacts supporting the recommendation, the convening authority may\n\nsuspend:\n\na. a sentence of confinement, in whole or in part, or\n\nb. a sentence of dismissal, dishonorable discharge, or\n\nbad-conduct discharge.\n\n2. The convening authority may not, under paragraph 1 of this\n\nsubsection:\n\na. suspend a mandatory minimum sentence, or\n\nb. suspend a sentence to an extent in excess of the\n\nsuspension recommended by the military judge.\n\nD. Reduction of sentence for substantial assistance by accused.\n\n1. Upon a recommendation by the trial counsel, if the accused,\n\nafter sentencing and before entry of judgment, provides substantial\n\nassistance in the investigation or prosecution of another person,\n\nthe convening authority may reduce, commute, or suspend a sentence,\n\nin whole or in part, including any mandatory minimum sentence.\n\n2. Upon a recommendation by a trial counsel, designated in\n\naccordance with regulations prescribed by the Adjutant General, if\n\nthe accused, after entry of judgment, provides substantial\n\nassistance in the investigation or prosecution of another person, a\n\nconvening authority, designated under such regulations, may reduce,\n\ncommute, or suspend a sentence, in whole or in part, including any\n\nmandatory minimum sentence.\n\n3. In evaluating whether the accused has provided substantial\n\nassistance under this subsection, the convening authority may\n\nconsider the presentence assistance of the accused.\n\nE. Submissions by accused and victim.\n\n1. In accordance with regulations prescribed by the Adjutant\n\nGeneral, in determining whether to act under this section, the\n\nconvening authority shall consider matters submitted in writing by\nuating whether the accused has provided substantial\n\nassistance under this subsection, the convening authority may\n\nconsider the presentence assistance of the accused.\n\nE. Submissions by accused and victim.\n\n1. In accordance with regulations prescribed by the Adjutant\n\nGeneral, in determining whether to act under this section, the\n\nconvening authority shall consider matters submitted in writing by\n\nthe accused or any victim of an offense. Such rules shall include:\n\na. procedures for notice of the opportunity to make such\n\nsubmissions,\n\nb. the deadlines for such submissions, and\n\nc. procedures for providing the accused and any victim of\n\nan offense with a copy of the recording of any open\n\nsessions of the court-martial and copies of, or access\n\nto, any admitted, unsealed exhibits.\n\n2. The convening authority shall not consider under this\n\nsection any submitted matters that relate to the character of a\n\nvictim unless such matters were presented as evidence at trial and\n\nnot excluded at trial.\n\nF. Decision of convening authority.\n\n1. The decision of the convening authority under this section\n\nshall be forwarded to the military judge, with copies provided to\n\nthe accused and to any victim of the offense.\n\n2. If, under this section, the convening authority reduces,\n\ncommutes, or suspends the sentence, the decision of the convening\n\nauthority shall include a written explanation of the reasons for\n\nsuch action.\n\n3. If, under paragraph 2 of subsection D of this section, the\n\nconvening authority reduces, commutes, or suspends the sentence, the\n\ndecision of the convening authority shall be forwarded to the\n\nmilitary judge for appropriate modification of the entry of\n\njudgment, which shall be transmitted to the State Judge Advocate for\n\nappropriate action.","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":"289d700605dca4d90d17c081ace1ff30a089b98011eb843685f8623a0508a69f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-860","next":"us-ok/okla.-stat.-tit.-44-44-860b"},"notice":"GroundRules: Original legal text. Not legal advice."}