10-U.S.C.-858
§858 – Art. 58. Execution of Confinement
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter VIII > Section 858
Details
- Reference: Section 858
- Legend: §858 – Art. 58. Execution of Confinement
- USCode Year: 2013
Provision Content
(a) Under such instructions as the Secretary concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated.
(b) The omission of the words hard labor from any sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 109–163, div. A, title X, §1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 858(a) 858(b) |
50:639(a). 50:639(b). |
May 5, 1950, ch. 169, §1 (Art. 58), 64 Stat. 126. |
In subsection (a), the words Secretary concerned are substituted for the words Department concerned, since the Department as an entity, cannot issue instructions. The word are is substituted for the words shall be. The words of Columbia are inserted after District for clarity.
In subsection (b), the word from is substituted for the word in. The words does not deprive are substituted for the words shall not be construed as depriving.
Amendments
2006—Subsec. (a). Pub. L. 109–163 struck out Territory, after State,.
U.S. Encyclopedia of Law Coverage
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