Execution and effective date of

sentences (a) In general. Except as provided in subsection (b), a II-99 sentence is executed and takes effect as follows: (1) General and special courts-martial. In the case of a general or special court-martial, a sentence is executed and takes effect when the judgment is entered into the record under R.C.M. 1111. (2) Summary courts-martial. In the case of a summary court-martial, a sentence is executed and takes effect when the convening authority acts on the sentence. (b) Exceptions. (1) Forfeiture. Unless deferred under R.C.M. 1103 or suspended under R.C.M. 1107, that part of an adjudged sentence that includes forfeitures is executed and takes effect as follows: (A) Generally. Subject to subparagraph (B), if a sentence includes forfeitures in pay or allowances, or, if forfeiture is required by Article 58b, that part of the sentence shall take effect on the earlier of— (i) 14 days after the sentence is announced under R.C.M. 1007; or (ii) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority. (B) Accused Not in Confinement. If an accused is not confined and is performing military duties, that portion of the sentence that provides for forfeiture of more than two-thirds’ pay per month shall not be executed. (2) Confinement. (A) In general. A commander shall deliver the accused into post-trial confinement when the sentence of the court-martial includes death or confinement, unless a sentence of confinement is deferred under R.C.M. 1103. (B) Calculation. Any period of confinement included in the sentence of a court-martial begins to run from the date the sentence is announced by the court-martial. If the accused was earlier ordered into confinement under R.C.M. 305, the accused’s sentence shall be credited one day for each day of confinement already served. (C) Exclusions in calculating confinement. The following periods shall be excluded in computing the service of the term of confinement: (i) Periods during which the sentence to confinement is suspended or deferred; (ii) Periods during which the accused is in custody of civilian authorities under Article 14 from II-100 the time of the delivery to the return to military custody, if the accused was convicted in the civilian court; (iii) Periods during which the accused is in custody of civilian or foreign authorities after the convening authority, pursuant to Article 57(b)(2), has postponed the service of a sentence to confinement; is (iv) Periods during which the accused has escaped, or is absent without authority, or is absent under a parole that a proper authority has later revoked, or through misrepresentation or fraud on the part of the prisoner, or is released from confinement upon the prisoner’s petition for a writ under a court order that is later reversed; and confinement released from a serving court-martial (v) Periods during which another sentence by court-martial to confinement is being served. When a prisoner to confinement is later convicted by a court-martial of another offense and sentenced to confinement, the later sentence interrupts the running of the earlier sentence. Any unremitted remaining portion of the earlier sentence will be served after the later sentence is fully executed. sentence (D) Multiple sentences of confinement. If a court- martial sentence includes more than one term of confinement, each term of confinement shall be served consecutively or concurrently as determined by the military judge. (E) Nature of the confinement. The omission of hard labor from any sentence of a court-martial which has adjudged confinement shall not prohibit an appropriate authority from requiring hard labor as part of the punishment. (F) Place of confinement. The place of confinement for persons sentenced to confinement by courts-martial shall be determined by regulations prescribed by the Secretary concerned. Under such regulations as the Secretary concerned may prescribe, a sentence to confinement adjudged by a court-martial or other military tribunal, regardless whether the sentence includes a punitive discharge or dismissal and regardless whether the punitive discharge or dismissal has been executed, may be ordered to be served 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, Territory, District of Columbia, or place in which the institution is situated. No member of the armed forces, or person serving with or accompanying an armed force in the field, may be placed in confinement in immediate association with enemy prisoners, or with individuals who are detained under the law of war and are foreign nationals and not members of the armed forces. The Secretary concerned may prescribe regulations governing the conditions of confinement. (3) Dishonorable or a bad-conduct discharge, self- executing. A bad-conduct or dishonorable discharge shall be executed under regulations prescribed by the Secretary concerned after an appropriate official designated by those regulations has certified that the accused’s case is final within the meaning of R.C.M. 1209. Upon completion of the certification, the official shall forward the accused’s personnel office for preparation of a final discharge order and certificate. the certification to (4) Dismissal of a commissioned officer, cadet, or midshipman. Dismissal of a commissioned officer, cadet, or midshipman shall be executed under regulations prescribed by the Secretary concerned— (A) after the conviction is final within the meaning of R.C.M. 1209 and Article 57(c)(1) as certified by the approval authority designated pursuant to Article 57(a)(4); and (B) only after the approval by the Secretary concerned or such Under Secretary or Assistant Secretary as the Secretary concerned may designate. (5) Sentences extending to death. A punishment of death shall be carried out in a manner prescribed by the Secretary concerned— (A) after the conviction is final within the meaning of R.C.M. 1209; and (B) only after the approval of the President under R.C.M. 1207. (6) Reduction in Enlisted Grade. (A) Adjudged Reduction. Unless deferred under R.C.M. 1103 or suspended under R.C.M. 1107, that part of an adjudged sentence that includes reduction in enlisted grade shall take effect on the earlier of— (i) 14 days after the sentence is announced under R.C.M. 1007; or (ii) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority. (B) Automatic Reduction. An enlisted accused in a pay grade above E-1 whose sentence as set forth in the judgment of a court-martial includes a dishonorable or bad-conduct discharge, confinement, or hard labor without confinement may be reduced automatically to pay grade E-1 if permitted by, and under circumstances provided in, regulations prescribed by the Secretary concerned. (c) Other considerations concerning the execution of certain sentences. (1) Death; action when accused lacks mental capacity. An accused lacking the mental capacity to understand the punishment to be suffered or the reason for imposition of the death sentence may not be put to death during any period when such incapacity exists. The accused is presumed to possess the mental capacity to understand the punishment to be suffered and the reason for imposition of the death sentence. If a substantial question is raised as to whether the accused lacks capacity, the convening authority then exercising general court-martial jurisdiction over the accused shall order a hearing on the question. A military judge, counsel for the Government, and defense counsel shall be detailed. The convening authority shall direct an examination of the accused in accordance with R.C.M. 706, but the examination may be the accused to determining whether understands the punishment to be suffered and the reason therefor. The military judge shall consider all evidence presented, including evidence provided by the accused. The accused has the burden of proving such lack of capacity by a preponderance of the evidence. The military judge shall make findings of fact, which will then be forwarded to the convening authority ordering the hearing. If the accused is found to lack capacity, the convening authority shall stay the the accused regains appropriate execution until capacity. limited (2) Restriction; hard labor without confinement. When restriction and hard labor without confinement are included in the same sentence, they shall, unless one is suspended, be executed concurrently.