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31-2A-58a
Section 31-2A-58a (Article 58a.) Sentences: Reduction in enlisted grade upon approval. (a)
A court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the
convening authority, that includes either a bad-conduct discharge or 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), the rights and
privileges of which the person was deprived because of that reduction shall be restored, including
pay and allowances. (Act 2012-334, p. 790, §1.)...
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31-2A-58b
Section 31-2A-58b (Article 58b.) Sentences: Forfeiture of pay and allowances during confinement.
(a)(1) A court-martial sentence described in subdivision (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 article shall take effect on the date determined under Section
31-2A-57(a) (Article 57(a)) and may be deferred as provided by that article. 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 article is any
sentence that includes either of the following: a. Confinement for more than six months. b.
Confinement for six months or less and a bad-conduct discharge or dismissal. (b) In a case
involving an accused who has dependents, the convening...
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31-2A-71
Section 31-2A-71 (Article 71.) Execution of sentence; suspension of sentence. (a) If the sentence
of the court-martial extends to dismissal or bad-conduct discharge and if the right of the
accused to appellate review is not waived, and an appeal is not withdrawn under Section 31-2A-61
(Article 61), that part of the sentence extending to dismissal or bad-conduct discharge may
not be executed until there is a final judgment as to the legality of the proceedings. A judgment
as to the legality of the proceedings is final in such cases when review is completed by an
appellate court prescribed in Section 31-2A-67 (Article 67), and is deemed final by the law
of the State of Alabama. (b) If the sentence of the court-martial extends to dismissal or
bad conduct discharge and if the right of the accused to appellate review is waived, or an
appeal is withdrawn under Section 31-2A-61 (Article 61), that part of the sentence extending
to dismissal or a bad-conduct discharge may not be executed until...
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31-2A-51
Section 31-2A-51 (Article 51.) Voting and rulings. (a) Voting by members of a general or special
court-martial on the findings and on the sentence shall be by secret written ballot. The junior
member of the court shall count the votes. The count shall be checked by the president, who
shall forthwith announce the result of the ballot to the members of the court. (b) The military
judge shall rule upon all questions of law and all interlocutory questions arising during
the proceedings. Any such ruling made by the military judge upon any question of law or any
interlocutory question other than the factual issue of mental responsibility of the accused
is final and constitutes the ruling of the court. However, the military judge may change the
ruling at any time during the trial. Unless the ruling is final, if any member objects thereto,
the court shall be cleared and closed and the question decided by a voice vote as provided
in Section 31-2A-52 (Article 52), beginning with the junior in...
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31-2A-59
Section 31-2A-59 (Article 59.) Error of law; lesser included offense. (a) A finding or sentence
of a court-martial may not be held incorrect on the ground of an error of law unless the error
materially prejudices the substantial rights of the accused. (b) Any reviewing authority with
the power to approve or affirm a finding of guilty may approve or affirm, instead, so much
of the finding as includes a lesser included offense. (Act 2012-334, p. 790, §1.)...
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31-2A-43
the running of any statute of limitations applicable to any offense under this code is suspended
until two years after the termination of hostilities as proclaimed by the President or by
a joint resolution of Congress if the offense: (1) Involves fraud or attempted fraud against
the United States, any state, or any agency of either in any manner, whether by conspiracy
or not. (2) Is committed in connection with the acquisition, care, handling, custody, control,
or disposition of any real or personal property of the United States or any state.
(3) Is committed in connection with the negotiation, procurement, award, performance, payment,
interim financing, cancellation, or other termination or settlement, of any contract, subcontract,
or purchase order which is connected with or related to the prosecution of the war, or with
any disposition of termination inventory by any war contractor or government agency. (e)(1)
If charges or specifications are dismissed as defective or insufficient...
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31-2A-57a
Section 31-2A-57a (Article 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 that person's jurisdiction, the person exercising general
court-martial jurisdiction over the command to which the accused is currently assigned, may
in that person's 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 person who granted it or, if the accused is no longer under that person's jurisdiction,
by the person 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 an accused
referred to in subdivision (2) to confinement, the convening authority may defer the service
of the sentence to confinement, without the consent of the...
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45-17-81.12
(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction
is in the circuit or district court of the Thirty-first Judicial Circuit may apply to the
District Attorney of the Thirty-first Judicial Circuit for admittance to the pretrial diversion
program. (b) A person charged with any of the following offenses may apply for the program:
(1) Any traffic offense. (2) A property offense. (3) An offense wherein the victim did not
receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (c) The following
offenses are ineligible for consideration for the pretrial diversion program: (1) Any offense
involving the abuse of a child or an elderly person. (2) Any sex offense. (3) Any Class A
felony, except in the case of drug-related offenses when the defendant has...
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31-2A-76a
Section 31-2A-76a (Article 76a.) Leave required to be taken pending review of certain court-martial
convictions. Under rules prescribed, an accused who has been sentenced by a court-martial
may be required to take leave pending completion of action under this article if the sentence,
as approved under Section 31-2A-60 (Article 60), includes an unsuspended dismissal or an unsuspended
dishonorable or bad-conduct discharge. The accused may be required to begin such leave on
the date on which the sentence is approved under Section 31-2A-60 (Article 60) or at any time
after such date, and such leave may be continued until the date on which action under this
article is completed or may be terminated at any earlier time. (Act 2012-334, p. 790, §1.)...
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45-12-82.02
(a) A person charged with a criminal offense specified in this subsection whose jurisdiction
is in the circuit or district court of the First Judicial Circuit may apply to the District
Attorney of the First Judicial Circuit for admittance to the pretrial diversion program. (b)
A person charged with any of the following offenses may apply for admission into the program:
(1) A traffic offense. (2) A property offense. (3) An offense wherein the victim did not receive
serious physical injury. (4) An offense in which the victim was not a child under 14
years of age, a law enforcement officer, a school official, or a correctional officer. (5)
A misdemeanor other than one specifically excluded in this section. (6) A violation classified
under this code. (c) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking in or distribution of drugs. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense....
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