{"data":{"id":"us-sc/s.c.-code-ann.-25-1-2860","jurisdiction":"us-sc","citation":"S.C. Code Ann. § 25-1-2860","heading":"Vacation of suspension of sentence; hearings.","body":"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 must be represented at the hearing by counsel if he so desires.\nThe record of the hearing and the recommendation of the officer having special court-martial jurisdiction must be sent for action to the person exercising general court-martial jurisdiction over the probationer. If he vacates the suspension, any unexecuted part of the sentence must be executed, subject to applicable restrictions in SECTION 25-1-2855.\nThe 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.","path":["Title 25 - MILITARY, CIVIL DEFENSE AND VETERANS AFFAIRS","CHAPTER 1 Military Code","ARTICLE 19 Code of Military Justice for the National Guard"],"source_url":"https://www.scstatehouse.gov/code/t25c001.php","current_through":"2025 Session of the General Assembly","vintage":"","retrieved_at":"2026-09-02T06:53:39Z","sha256":"560faed1d36647a5b3fa54b37446e7eedef7d333f1856d5bef9ffaec63624a5a","source_id":"us-sc","stale":false,"prev":"us-sc/s.c.-code-ann.-25-1-2855","next":"us-sc/s.c.-code-ann.-25-1-2865"},"notice":"GroundRules: Original legal text. Not legal advice."}