Section 400.1075  Execution of Sentence

a)         Suspension of Sentence 

1)         If the approved sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge, and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn under Code Section 61, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until there is a final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 these cases when review is completed by the Illinois Appellate Court for the Fourth District (see Code Section 67a) and is deemed final by the law of this State.

2)         If the sentence of the court-martial extends to dismissal or a dishonorable or bad-conduct discharge, and if the right of the accused to appellate review is waived, or an appeal is withdrawn under Code Section 61, that part of the sentence extending to dismissal or a dishonorable or bad-conduct discharge may not be executed until review of the case by the senior force judge advocate and any action on that review under Code Section 64 is completed.  Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under Code Section 60 when so approved under that statute. (Code Section 71)

b)         Vacation of Suspension

1)         Before the vacation of the suspension of a special court-martial sentence that, 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 an alleged violation of probation.  The probationer shall be represented at the hearing by military counsel if the probationer so desires.

2)         The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction over the probationer.  If the officer vacates the suspension, any unexecuted part of the sentence, except a dismissal, shall be executed, subject to applicable restrictions in the Code.

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.  (Code Section 72)