10-U.S.C.-858B
§858B – Art. 58B. Sentences: Forfeiture of Pay and Allowances During Confinement
Pathway
Title 10 > Subtitle A > Part II > Chapter 47 > Subchapter VIII > Section 858b
Details
- Reference: Section 858b
- Legend: §858B – Art. 58B. Sentences: Forfeiture of Pay and Allowances During Confinement
- USCode Year: 2013
Provision Content
(a)(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under section 857(a) of this title (article 57(a)) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.
(2) A sentence covered by this section is any sentence that includes—
(A) confinement for more than six months or death; or
(B) confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
(b) In a case involving an accused who has dependents, the convening authority or other person acting under section 860 of this title (article 60) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
(c) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
(Added Pub. L. 104–106, div. A, title XI, §1122(a)(1), Feb. 10, 1996, 110 Stat. 463; amended Pub. L. 104–201, div. A, title X, §1068(a)(1), Sept. 23, 1996, 110 Stat. 2655; Pub. L. 105–85, div. A, title X, §1073(a)(9), Nov. 18, 1997, 111 Stat. 1900.)
Amendments
1997—Subsec. (a)(1). Pub. L. 105–85 substituted forfeiture of pay, or of pay and allowances, due that member for forfeiture of pay and (if adjudged by a general court-martial) allowances due that member in first sentence.
1996—Subsec. (a)(1). Pub. L. 104–201, §1068(a)(1)(B), substituted two-thirds of all pay for two-thirds of all pay and allowances in third sentence.
Pub. L. 104–201, §1068(a)(1)(A), which directed amendment of first sentence by inserting (if adjudged by a general court-martial) after all pay and, was executed by making the insertion after of pay and in first sentence to reflect the probable intent of Congress.
Effective Date of 1996 Amendment
Pub. L. 104–201, div. A, title X, §1068(a)(2), Sept. 23, 1996, 110 Stat. 2655, provided that: The amendments made by paragraph (1) [amending this section] shall take effect as of April 1, 1996, and shall apply to any case in which a sentence is adjudged by a court-martial on or after that date.
Effective Date
Pub. L. 104–106, div. A, title XI, §1122(b), Feb. 10, 1996, 110 Stat. 463, provided that: The section (article) added by the amendment made by subsection (a)(1) [this section] shall apply to a case in which a sentence is adjudged by a court-martial on or after the first day of the first month that begins at least 30 days after the date of the enactment of this Act [Feb. 10, 1996].
U.S. Encyclopedia of Law Coverage
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