reglab/housing_qa huggingface dataset:
51 PA Cons Stat § 5806 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5806 - Deferment of sentences

§ 5806. Deferment of sentences.   (a) Deferment upon application of accused.--On application by an accused, the convening authority or 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 The deferment may be rescinded at any time by the person who granted it or, if the accused is no longer under that person's jurisdiction, by the person exercising general court-martial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) Deferment without consent of accused.--The convening authority may defer the service of the sentence to confinement, without the consent of the accused, until after the accused has been permanently released to the State military forces by a state, the United States or a foreign country. This subsection applies to a person subject to this part who: (1) while in the custody of a state, the United States or a foreign country, is temporarily returned by that state, the United States or foreign country to the State military forces for trial by court-martial; and (2) after the court-martial, is returned to that state, the United States or foreign country under the authority of a mutual agreement or treaty.  (c) Deferment while review of case is pending.--When a sentence to confinement has been ordered executed but review of the case is pending under section 5909 (relating to review by a board of review), the Adjutant General may defer further service of the sentence to confinement while the review is pending.
51 PA Cons Stat § 5807 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5807 - Reduction in enlisted grade

§ 5807. Reduction in enlisted grade.   (a) General rule.--An enlisted member in a pay grade above E-1 receiving a sentence by a court-martial that includes a dishonorable or bad-conduct discharge or confinement shall receive a reduction in pay grade to E-1 effective on the date the sentence is approved.  (b) Sentence no longer effective.--If an enlisted member receives a reduction in pay grade under subsection (a) and the sentence which led to a reduction in pay grade is later set aside, disapproved or, as finally approved, does not include a dishonorable or bad-conduct discharge or confinement, the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay grade and allowances.
51 PA Cons Stat § 5808 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 58 - Sentences|Section 5808 - Forfeiture of pay and allowances during confinement

§ 5808. Forfeiture of pay and allowances during confinement.   (a) General rule.--An enlisted member receiving a court-martial sentence of confinement for more than six months, or confinement of six months or less and a dishonorable or bad-﻿conduct discharge or dismissal, shall forfeit the pay and allowances due him during any period of confinement or parole as provided in this subsection. The forfeiture shall take effect on the date the sentence was approved. The pay and allowances forfeited in the case of a general court-martial shall be all pay and allowances due the enlisted member during such period and in the case of a special court-martial shall be two-thirds of all pay due the enlisted member during such period.  (b) Exception.--The convening authority or other person acting under section 5903 (relating to action on general court-martial records) may waive any or all requirements under subsection (a) for a period not to exceed six months if the accused has dependents. Any amount of pay or allowances that would be forfeited under subsection (a) shall be paid to the dependents of the accused.  (c) Sentence no longer effective.--If an enlisted member is forced to forfeit pay and allowances under subsection (a) and the sentence which led to the forfeiture is later set aside, disapproved or, as finally approved, does not include confinement for more than six months or confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal, the member shall be paid the pay and allowances which he would have been paid for the period during which the forfeiture was in effect.
51 PA Cons Stat § 5901 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5901 - Error of law; lesser included offense

§ 5901. Error of law; lesser included offense.   (a) Error of law.--A finding or sentence of a court-martial shall not be held incorrect on the grounds of an error of law unless the error materially prejudices the substantial rights of the accused.  (b) Approval of lesser offense.--Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm so much of the finding as includes a lesser included offense.
51 PA Cons Stat § 5903 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5903 - Action on general court-martial records

§ 5903. Action on general court-martial records.  The convening authority shall refer the record of each general court-martial to his staff judge advocate or legal officer who shall submit his written opinion thereon to the convening authority. If there is no qualified staff judge advocate or legal officer available, the State Judge Advocate shall assign a judge advocate officer for such purpose. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.    Cross References. Section 5903 is referred to in sections 5808, 5908 of this title.
51 PA Cons Stat § 5904 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5904 - Reconsideration and revision

§ 5904. Reconsideration and revision.   (a) General rule.--The convening authority or other authorized party may order a proceeding in revision. A proceeding in revision may be ordered if there is an apparent error or omission in the record or if the record shows improper or inconsistent action by a court-martial with respect to the findings or sentence that can be rectified without material prejudice to the substantial rights of the accused.  (b) Revision not authorized.--In no case may a proceeding in revision: (1) reconsider a finding of not guilty of any specification or a ruling which amounts to a finding of not guilty; (2) reconsider a finding of not guilty of any charge, unless there has been a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of a punitive section of this title; or (3) increase the severity of the sentence unless the sentence prescribed for the offense is mandatory.
51 PA Cons Stat § 5905 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5905 - Rehearings

§ 5905. Rehearings.   (a) General rule.--The convening authority or other authorized party may order a rehearing. A rehearing may be ordered if the convening authority or other authorized party disapproves the findings and sentence and states the reasons for disapproval of the findings. If such party disapproves the findings and sentence but does not order a rehearing, that party shall dismiss the charges. A rehearing as to the findings may not be ordered where there is a lack of sufficient evidence in the record to support the findings. A rehearing as to the sentence may be ordered if the convening authority or other authorized party disapproves the sentence.  (b) Procedural requirements.--Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing, the accused may not be tried for any offense of which he was found not guilty by the first court-martial. No sentence in excess of or more severe than the original sentence may be approved, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings or unless the sentence prescribed for the offense is mandatory. If the sentence approved after the first court-martial was in accordance with a pretrial agreement and the accused at the rehearing changes a plea with respect to the charges or specifications upon which the pretrial agreement was based or otherwise does not comply with the pretrial agreement, the approved sentence as to those charges or specifications may include any punishment not in excess of that lawfully adjudged at the first court-martial.
51 PA Cons Stat § 5906 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5906 - Approval by convening authority

§ 5906. Approval by convening authority.  In acting on the findings and sentence of a court-martial, the convening authority shall approve only such findings of guilty, and the sentence or such part or amount of the sentence as the convening authority finds correct in law and fact and as he in his discretion determines should be approved. Unless the convening authority indicates otherwise, approval of the sentence shall constitute approval of the findings and sentence.    Cross References. Section 5906 is referred to in sections 5912, 5918 of this title.
51 PA Cons Stat § 5907 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5907 - Disposition of records after review by convening authority

§ 5907. Disposition of records after review by convening authority.   (a) General rule.--Except as otherwise required by this title, all records of trial and related documents shall be transmitted and disposed of as prescribed by this section and regulations promulgated by the department.  (b) Final action by Governor.--When the Governor has taken final action in a court-martial case in which he is the convening authority, there shall be no further review.  (c) Final action by other authority.--When a convening authority other than the Governor has taken final action in a general court-martial case, the convening authority shall forward the entire record, including his action thereon and the opinion or opinions of the staff judge advocate or legal officer, to the State Judge Advocate.  (d) Bad-conduct discharge.--Where the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the officer exercising general court-martial jurisdiction over the command to be reviewed in the same manner as a record of trial by a general court-martial. If the sentence as approved by an officer exercising general court-martial jurisdiction includes a bad-conduct discharge, whether or not suspended, the record shall be forwarded to the State Judge Advocate.  (e) Review and disposition of other records.--All other special and summary court-martial records shall be reviewed by a judge advocate of the Pennsylvania National Guard and shall be transmitted and disposed of as the department may prescribe by regulations.
51 PA Cons Stat § 5909 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5909 - Review by a board of review

§ 5909. Review by a board of review.   (a) Composition of boards of review.--The State Judge Advocate may constitute one or more boards of review, each composed of not less than three commissioned officers, each of whom shall be a member of the bar of the Supreme Court, and one of whom shall be a judge advocate of the Pennsylvania National Guard.  (b) Affirming findings and sentence.--In a case referred to it, the board of review may act only with respect to the findings and sentence as approved by the convening authority. It may affirm only such findings of guilty and a sentence, or such part or amount of the sentence, as it finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, it shall have authority to weigh the evidence, judge the credibility of witnesses and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses.  (c) Setting aside findings and sentence.--If the board of review sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed.  (d) Action by convening authority.--The State Judge Advocate shall, unless there is to be further action by the Governor, instruct the convening authority to take action in accordance with the decision of the board of review. If the board of review has ordered a rehearing but the convening authority finds a rehearing impracticable, the convening authority may dismiss the charges.  (e) Uniform rules of procedure.--In the event one or more boards of review are constituted in accordance with this section, the State Judge Advocate shall prescribe uniform rules of procedure for proceedings in and before such board or boards of review.  (f) Waiver of review.--The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by a board of review. Such a withdrawal shall be signed by both the accused and defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by a board of review at any time in accordance with appellate procedures as provided by law.    Cross References. Section 5909 is referred to in section 5806 of this title.
51 PA Cons Stat § 5910 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5910 - Review by Superior Court

§ 5910. Review by Superior Court.   (a) General rule.--Final judgments of courts-martial empowered to impose a sentence of confinement for one year or more are appealable to the Superior Court, after approval by the convening authority, in the same manner and subject to the same process as a criminal conviction by the courts of common pleas. The appellate procedures to be followed shall be those provided by law for the appeal of criminal cases.  (b) Waiver of review.--The accused may file with the convening authority a statement expressly withdrawing the right of the accused to have his case reviewed by the Superior Court. Such a withdrawal shall be signed by both the accused and his defense counsel and must be filed in accordance with appellate procedures as provided by law. The accused may withdraw his case from review by the Superior Court at any time in accordance with appellate procedures as provided by law.    Cross References. Section 5910 is referred to in section 5912 of this title.
51 PA Cons Stat § 5911 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5911 - Appellate counsel

§ 5911. Appellate counsel.   (a) Counsel for the Commonwealth.--The State Judge Advocate shall detail a judge advocate as counsel to represent the Commonwealth in the review or appeal of cases by a board of review or before the Superior Court or before any other court when requested to do so by the Attorney General. Counsel must be a member in good standing of the bar of the Supreme Court.  (b) Counsel for the accused.--In all posttrial reviews and appeals, whether initiated by the accused or the Commonwealth, the accused has the right to be represented by appellate military counsel before any reviewing authority and before any appellate court. Upon the request of an accused, the State Judge Advocate shall appoint a judge advocate to represent the accused in the review or appeal of cases. An accused may be represented by civilian appellate counsel at no expense to the Commonwealth.
51 PA Cons Stat § 5912 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5912 - Execution of sentence; suspension of sentence

§ 5912. Execution of sentence; suspension of sentence.   (a) Appellate review not waived and appeal not withdrawn.--If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is not waived and an appeal is not withdrawn, 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 such cases when review is completed by the Superior Court under section 5910 (relating to review by Superior Court) and is deemed final by the law of state where the judgment was had.  (b) Appellate review waived or appeal withdrawn.--If a sentence extends to dismissal or a dishonorable or bad-conduct discharge, the right of the accused to appellate review is waived or an appeal is withdrawn, 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 State Judge Advocate and any action on that review is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other authorized party when approved under section 5906 (relating to approval by convening authority).
51 PA Cons Stat § 5913 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5913 - Vacation of suspension

§ 5913. Vacation of suspension.   (a) Bad-conduct discharges and general court-martial sentences.--Prior to the vacation of the suspension of a special court-martial sentence which 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.  (b) Action by court-martial.--The record of the hearing and the recommendation of the officer having special court-martial jurisdiction shall be forwarded 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 this part.  (c) Other sentences.--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.
51 PA Cons Stat § 5914 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5914 - Petition for new trial

§ 5914. Petition for new trial.  At any time within two years after approval by the convening authority of a court-martial sentence, the accused may petition the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud on the court-martial.    Cross References. Section 5914 is referred to in section 5917 of this title.
51 PA Cons Stat § 5915 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5915 - Remission and suspension

§ 5915. Remission and suspension.   (a) General rule.--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 may remit or suspend any part or amount of the unexecuted part of any sentence, including all uncollected forfeitures other than a sentence approved by the Governor.  (b) Substitution of administrative discharge by Governor.--The Governor may, for good cause, substitute an administrative form of discharge, as authorized by applicable military regulations, for a discharge or dismissal executed in accordance with the sentence of a court-martial.    Cross References. Section 5915 is referred to in section 5917 of this title.
51 PA Cons Stat § 5916 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5916 - Restoration

§ 5916. Restoration.   (a) General rule.--Under such regulations as may be prescribed by the Governor or department, all rights, privileges and property affected by an executed portion of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed portion is included in a sentence imposed upon the new trial or rehearing.  (b) Substitution of administrative discharge for invalid discharge.--If a previously executed sentence of dishonorable or bad-conduct discharge is not sustained on a new trial, the Governor shall substitute a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.
51 PA Cons Stat § 5917 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5917 - Finality of proceedings, findings and sentences

§ 5917. Finality of proceedings, findings and sentences.  The appellate review of records of trial, the proceedings, findings and sentences of courts-martial as approved, reviewed or affirmed and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review or affirmation are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the United States and the several states, subject only to action upon a petition for a new trial as provided in section 5914 (relating to petition for new trial) and to action under section 5915 (relating to remission and suspension).
51 PA Cons Stat § 5918 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 51 - MILITARY AFFAIRS|Chapter 59 - Posttrial Procedure and Review of Courts-martial|Section 5918 - Leave pending review of conviction

§ 5918. Leave pending review of conviction.  Under regulations prescribed by the Governor or the department, an accused who has been sentenced by a court-martial may be required to take leave pending completion of action under this chapter if the sentence, as approved under section 5902 (relating to action by convening authority) or 5906 (relating to approval by convening authority) 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 5906 or at any time after such date, and such leave may be continued until the date on which action under this chapter is completed or may be terminated at any earlier time.