§ 39-6-61. Probation violation -- Hearing -- Counsel -- Execution of suspended sentence.

Latest version.

(1)

(a)	Before the vacation of the suspension of a military court sentence, the officer holding convening authority jurisdiction over the probationer shall hold a hearing on the alleged violation of probation.

(b)	The probationer shall be represented by counsel at the hearing.

(2)

(a)

The record of the hearing and the recommendation of the officer having jurisdiction shall be sent for action to the governor in cases involving a military court sentence of confinement, and to the commanding officer of the unit of the National Guard of which the probationer is a member, in all other cases.

(b)	If the governor or commanding officer 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 that imposed the sentence.

Amended by Chapter 12, 1994 General Session

                    
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