Missouri Revised Statutes













Chapter 40

Military Justice

←40.216

Section 40.218.1

40.220→

August 28, 2015

Probationer, violations--hearing, rights of probationer to counsel --procedure.

40.218. 1. Prior to 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 shall be represented at the

hearing by counsel if he so desires.



2. The record of the hearing and the recommendation of the officer

having special court-martial jurisdiction shall be forwarded for action to the

officer exercising general court-martial jurisdiction. If he vacates the

suspension, any unexecuted part of the sentence except a dismissal shall be

executed.



3. The 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.



(L. 1984 H.B. 1035 § 72)







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