SUBCHAPTER VIII—SENTENCES
| Sec. | Art. | |
|---|---|---|
| 855. | 55. | Cruel and unusual punishments prohibited. |
| 856. | 56. | Maximum limits. |
| 856a. | 56a. | Sentence of confinement for life without eligibility for parole. |
| 857. | 57. | Effective date of sentences. |
| 857a. | 57a. | Deferment of sentences. |
| 858. | 58. | Execution of confinement. |
| 858a. | 58a. | Sentences: reduction in enlisted grade upon approval. |
| 858b. | 58b. | Sentences: forfeiture of pay and allowances during confinement. |
Amendments
1997—
1996—
1960—
§855. Art. 55. Cruel and unusual punishments prohibited
Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this chapter. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 855 | 50:636. | May 5, 1950, ch. 169, §1 (Art. 55), |
The word "may" is substituted for the word "shall".
§856. Art. 56. Maximum limits
The punishment which a court-martial may direct for an offense may not exceed such limits as the President may prescribe for that offense.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 856 | 50:637. | May 5, 1950, ch. 169, §1 (Art. 56), |
The word "may" is substituted for the word "shall".
§856a. Art. 56a. Sentence of confinement for life without eligibility for parole
(a) For any offense for which a sentence of confinement for life may be adjudged, a court-martial may adjudge a sentence of confinement for life without eligibility for parole.
(b) An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused's life unless—
(1) the sentence is set aside or otherwise modified as a result of—
(A) action taken by the convening authority, the Secretary concerned, or another person authorized to act under
(B) any other action taken during post-trial procedure and review under any other provision of subchapter IX;
(2) the sentence is set aside or otherwise modified as a result of action taken by a Court of Criminal Appeals, the Court of Appeals for the Armed Forces, or the Supreme Court; or
(3) the accused is pardoned.
(Added
Effective Date
Section 581(b) of
§857. Art. 57. Effective date of sentences
(a)(1) Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of—
(A) the date that is 14 days after the date on which the sentence is adjudged; or
(B) the date on which the sentence is approved by the convening authority.
(2) On application by an accused, the convening authority may defer a forfeiture of pay or allowances or reduction in grade that would otherwise become effective under paragraph (1)(A) until the date on which the sentence is approved by the convening authority. Such a deferment may be rescinded at any time by the convening authority.
(3) A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect.
(4) In this subsection, the term "convening authority", with respect to a sentence of a court-martial, means any person authorized to act on the sentence under
(b) Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(c) All other sentences of courts-martial are effective on the date ordered executed.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 857(a) 857(b) |
50:638(a). 50:638(b). |
May 5, 1950, ch. 169, §1 (Art. 57), |
| 857(c) | 50:638(c). |
In subsection (a), the word "may" is substituted for the word "shall".
In subsection (b), the word "begins" is substituted for the words "shall begin".
In subsection (c), the word "are" is substituted for the words "shall become".
Amendments
1996—Subsec. (a).
Subsecs. (d), (e).
1992—Subsec. (e).
1983—Subsec. (a).
1968—Subsec. (a).
Subsec. (b).
Subsec. (d).
Effective Date of 1996 Amendment
Section 1121(b) of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
§857a. Art. 57a. Deferment of sentences
(a) On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority or, if the accused is no longer under his jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in his sole discretion defer service of the sentence to confinement. The deferment shall terminate when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under his jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.
(b)(1) In any case in which a court-martial sentences a person referred to in paragraph (2) to confinement, the convening authority may defer the service of the sentence to confinement, without the consent of that person, until after the person has been permanently released to the armed forces by a State or foreign country referred to in that paragraph.
(2) Paragraph (1) applies to a person subject to this chapter who—
(A) while in the custody of a State or foreign country is temporarily returned by that State or foreign country to the armed forces for trial by court-martial; and
(B) after the court-martial, is returned to that State or foreign country under the authority of a mutual agreement or treaty, as the case may be.
(3) In this subsection, the term "State" includes the District of Columbia and any commonwealth, territory, or possession of the United States.
(c) In any case in which a court-martial sentences a person to confinement and the sentence to confinement has been ordered executed, but in which review of the case under
(Added
Amendments
1996—
1992—Subsec. (b), formerly §857(e).
Effective Date of 1992 Amendment
Amendment by
§858. Art. 58. Execution of confinement
(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,
| 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), |
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).
§858a. Art. 58a. Sentences: reduction in enlisted grade upon approval
(a) Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a court-martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, that includes—
(1) a dishonorable or bad-conduct discharge;
(2) confinement; or
(3) hard labor without confinement;
reduces that member to pay grade E–1, effective on the date of that approval.
(b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.
(Added
§858b. Art. 58b. Sentences: forfeiture of pay and allowances during confinement
(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
(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
(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
Amendments
1997—Subsec. (a)(1).
1996—Subsec. (a)(1).
Effective Date of 1996 Amendment
Section 1068(a)(2) of
Effective Date
Section 1122(b) of