reglab/housing_qa huggingface dataset:
44 OK Stat § 44-852 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-852. Votes required for conviction, sentencing and other matters.

|ARTICLE 52. Votes required for conviction, sentencing and other matters. |A. In general. No person may be convicted of an offense in a general or special court-martial, other than:1. After a plea of guilty under subsection B of Section 845 of this title (Article 45, subsection B);2. By a military judge in a court-martial with a military judge alone, under Section 816 of this title (Article 16); or3. In a court-martial with members under Section 816 of this title (Article 16), by the concurrence of at least three-fourths (3/4) of the members present when the vote is taken.B. Level of concurrence required.1. In general. Except as provided in paragraph 2 of subsection A of this section, all matters to be decided by members of a general or special court-martial shall be determined by a majority vote, but a reconsideration of a finding of guilty or reconsideration of a sentence, with a view toward decreasing the sentence, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence.2. Sentencing. All sentences imposed by members under the Oklahoma Uniform Code of Military Justice shall be determined by the concurrence of at least three-fourths (3/4) of the members present when the vote is taken.Added by Laws 2019, c. 408, § 60, eff. Oct. 1, 2019.
44 OK Stat § 44-853 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-853. Findings and sentencing.

|ARTICLE 53. Findings and sentencing. |A. A court-martial shall announce its findings and sentence to the parties as soon as determined.B. Sentencing generally.1. General and special courts-martial.a.Sentencing by military judge. Except as provided in subparagraph b of this paragraph, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused.b.Sentencing by members. If the accused is convicted of an offense by general or special court-martial consisting of a military judge and members and the accused elects sentencing by members under Section 825 of this title (Article 25), the members shall sentence the accused.c.Sentence of the accused. The sentence determined pursuant to this paragraph constitutes the sentence of the accused.2. Summary courts-martial. If the accused is convicted of an offense in a trial by summary court-martial, the court-martial shall sentence the accused.Added by Laws 2019, c. 408, § 61, eff. Oct. 1, 2019.
44 OK Stat § 44-853A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-853A. Plea agreements.

|ARTICLE 53A. Plea agreements. |A. In general.1. At any time before the announcement of findings under Section 853 of this title (Article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as:a.the manner in which the convening authority will dispose of one or more charges and specifications, andb.limitations on the sentence that may be adjudged for one or more charges and specifications.2. The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.B. Limitation on acceptance of plea agreements. The military judge of a general or special court-martial shall reject a plea agreement that:1. Contains a provision that has not been accepted by both parties; or2. Contains a provision that is not understood by the accused.C. Binding effect of plea agreement. Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties and the court-martial.Added by Laws 2019, c. 408, § 62, eff. Oct. 1, 2019.
44 OK Stat § 44-854 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-854. Record of trial.

|ARTICLE 54. Record of trial. |A. General and special courts-martial. Each general or special court-martial shall keep a separate record of the proceedings in each case brought before it. The record shall be certified by a court reporter, except that in the case of death, disability, or absence of a court reporter, the record shall be certified by an official selected as the Adjutant General may prescribe by regulation.B. Summary courts-martial. Each summary court-martial shall keep a separate record of the proceedings in each case, and the record shall be certified in the manner required by such regulations as the Adjutant General may prescribe.C. Contents of record.1. Except as provided in paragraph 2 of this subsection, the record shall contain such matters as the Adjutant General may prescribe by regulation.2. In accordance with regulations prescribed by the Adjutant General, a complete record of proceedings and testimony shall be prepared in any case of a sentence of dismissal, discharge, confinement for more than six (6) months, or forfeiture of pay for more than six (6) months.D. A copy to the accused. A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is certified.E. Copy to victim. In the case of a general or special court-martial upon request, a copy of all prepared records of the proceedings of the court-martial shall be given to the victim of the offense if the victim testified during the proceedings. The record of the proceedings shall be provided without charge and as soon as the records are certified. The victim shall be notified of the opportunity to receive the records of the proceedings.Added by Laws 2019, c. 408, § 63, eff. Oct. 1, 2019.
44 OK Stat § 44-855 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-855. Cruel and unusual punishments prohibited.

|ARTICLE 55. Cruel and unusual punishments prohibited. |Punishment by flogging, or by branding, marking, or tattooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to the Oklahoma Uniform Code of Military Justice. The use of irons, single or double, except for the purpose of safe custody, is prohibited.Added by Laws 2019, c. 408, § 64, eff. Oct. 1, 2019.
44 OK Stat § 44-856 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-856. Sentencing.

|ARTICLE 56. Sentencing. |A. Sentence maximums. The punishment which a court-martial may direct for an offense may not exceed such limits as the Governor or Adjutant General may prescribe for that offense.B. Imposition of sentence.1. In general. In sentencing an accused under Section 853 of this title (Article 53), a court-martial shall impose punishment that is sufficient, but not greater than necessary, to promote justice and to maintain good order and discipline in the state military forces, taking into consideration:a.the nature and circumstances of the offense and the history and characteristics of the accused,b.the impact of the offense on:(1)the financial, social, psychological, or medical well-being of any victim of the offense, and(2)the mission, discipline, or efficiency of the command of the accused and any victim of the offense,c.the need for the sentence:(1)to reflect the seriousness of the offense,(2)to promote respect for the law,(3)to provide just punishment for the offense,(4)to promote adequate deterrence of misconduct,(5)to protect others from further crimes by the accused,(6)to rehabilitate the accused, and(7)to provide, in appropriate cases, the opportunity for retraining and return to duty to meet the needs of the service, andd.the sentences available under this chapter.2. Sentencing by military judge. In announcing the sentence in a general or special court-martial in which the accused is sentenced by a military judge alone under Section 853 of this title (Article 53), the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently.3. Sentencing by members. In a general or special court-martial in which the accused has elected sentencing by members, the court-martial shall announce a single sentence for all of the offenses of which the accused was found guilty.C. Appeal of sentence by the State of Oklahoma.1. With the approval of the State Judge Advocate and consistent with standards and procedures set forth in regulations prescribed by the Governor or the Adjutant General, the government may appeal a sentence to the Military Court of Appeals, on the grounds that:a.the sentence violates the law, orb.the sentence is plainly unreasonable, as determined in accordance with standards and procedures prescribed by the Governor or the Adjutant General.2. An appeal under this subsection shall be filed within sixty (60) days after the date on which the judgment of a court-martial is entered into the record under Section 860C of this title (Article 60C).Added by Laws 2019, c. 408, § 65, eff. Oct. 1, 2019.
44 OK Stat § 44-858 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-858. Execution of confinement.

|ARTICLE 58. Execution of confinement. |A. Under such regulations as the Governor or Adjutant General may prescribe, a sentence of confinement adjudged by a court-martial, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of the state military forces or in any penal or correctional institution used or under the control of the Oklahoma Department of Corrections. Persons so confined in a penal or correctional institution not under the control of the state military forces are subject to the same discipline and treatment as persons confined or committed by the courts of this state.B. No confinement ordered by a court-martial shall include hard labor.Added by Laws 2019, c. 408, § 67, eff. Oct. 1, 2019.
44 OK Stat § 44-858A (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-858A. Sentences - Reduction in enlisted grade.

|ARTICLE 58A. Sentences: reduction in enlisted grade. |A. A court-martial sentence of an enlisted member in a pay grade above E-1, as set forth in the judgment of the court-martial entered into the record under Section 860C of this title (Article 60C), that includes:1. A dishonorable or bad-conduct discharge; or2. Confinement,reduces that member to pay grade E-1, if such a reduction is authorized by regulation prescribed by the Governor or Adjutant General. The reduction in pay grade shall take effect on the date on which the judgment is so entered.B. If the sentence of a member who is reduced in pay grade under subsection A of this section is set aside or reduced, or, as finally affirmed, does not include any punishment named in paragraphs 1 or 2 of subsection A of this section, the rights and privileges of which he or she was deprived because of that reduction shall be restored to him or her and he or she is entitled to the pay and allowances to which he or she would have been entitled, for the period the reduction was in effect, had he or she not been so reduced.Added by Laws 2019, c. 408, § 68, eff. Oct. 1, 2019.
44 OK Stat § 44-858B (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-858B. Sentences - Forfeiture of pay and allowances during confinement.

|ARTICLE 58B. Sentences: forfeiture of pay and allowances during confinement. |A. 1. A court-martial sentence described in paragraph 2 of this subsection 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 section shall take effect on the date determined under Section 857 of this title (Article 57) and may be deferred as provided in 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 (2/3) of all pay due that member during such period.2. A sentence covered by this section is any sentence that includes:a.confinement for more than six (6) months; orb.confinement for six (6) months or less and a dishonorable or bad-conduct discharge or dismissal.B. In a case involving an accused who has dependents, the convening authority or other person acting under Section 860A or 860B of this title (Article 60A or 60B) may waive any or all of the forfeitures of pay and allowances required by subsection A of this section for a period not to exceed six (6) months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.C. If the sentence of a member who forfeits pay and allowances under subsection A of this section is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph 2 of subsection A of this section, the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period which the forfeiture was in effect.Added by Laws 2019, c. 408, § 69, eff. Oct. 1, 2019.
44 OK Stat § 44-858C (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-858C. Enforcement of fines or adjudication of pecuniary liability.

|ARTICLE 58C. Enforcement of fines or adjudication of pecuniary liability. |When a sentence, including a fine, or a finally approved adjudication of pecuniary liability under a report of survey or financial liability investigation of property loss (FLIPL) has been ordered executed pursuant to regulations promulgated by the Adjutant General, the collection of the fine or the adjudication of pecuniary liability may be made executory and enforced by the Oklahoma Attorney General, or his or her designee, in the judicial district as described in Section 22 of Title 20 of the Oklahoma Statutes in which the court martial was held or in the district court judicial district, where nonjudicial punishment was decided or district court judicial district of residence of the accused or person against whom the pecuniary charge was raised in the same manner as a money judgment in a civil case or by the withholding of any funds due the accused from the state or any of its agencies in accordance with regulations prescribed by the Adjutant General. To the extent not prohibited by federal law or regulation, a fine may be enforced by withholding federal funds due the accused.Added by Laws 2019, c. 408, § 70, eff. Oct. 1, 2019.
44 OK Stat § 44-858D (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-858D. Parole.

|ARTICLE 58D. Parole. |The system of parole established pursuant to Section 10 of Article VI of the Oklahoma Constitution and Titles 22 and 57 of the Oklahoma Statutes shall be applicable to any person in any place of confinement under the control of the state military forces or in any penal or correctional institution used or under the control of the Oklahoma Department of Corrections when such person is in confinement as a result of a sentence adjudged by a court-martial conducted by the state military forces.Added by Laws 2021, c. 12, § 21, emerg. eff. April 13, 2021.
44 OK Stat § 44-859 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-859. Error of law - Lesser included offense.

|ARTICLE 59. Error of law - lesser included offense. |A. A finding or sentence of 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.Added by Laws 2019, c. 408, § 71, eff. Oct. 1, 2019.
44 OK Stat § 44-860 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-860. Posttrial processing in general and special courts-martial.

|ARTICLE 60. Posttrial processing in general and special courts-martial. |A. Statement of trial results.1. The military judge of a general or special court-martial shall enter into the record of trial a document entitled "Statement of Trial Results", which shall set forth:a.each plea and finding,b.the sentence, if any, andc.such other information as the Adjutant General may prescribe by regulation.2. Copies of the Statement of Trial Results shall be provided promptly to the convening authority, the accused, and any victim of the offense.B. Posttrial motions. In accordance with regulations prescribed by the Adjutant General, the military judge in a general or special court-martial shall address all posttrial motions and other posttrial matters that:1. May affect a plea, a finding, the sentence, the Statement of Trial Results, the record of trial, or any posttrial action by the convening authority; and2. Are subject to resolution by the military judge before entry of judgment.Added by Laws 2019, c. 408, § 72, eff. Oct. 1, 2019.
44 OK Stat § 44-860C (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-860C. Entry of judgment.

|ARTICLE 60C. Entry of judgment. |A. Entry of judgment of general or special court-martial.1. In accordance with regulations prescribed by the Adjutant General, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:a.the Statement of Trial Results under Section 860 of this title (Article 60),b.any modifications of, or supplements to, the Statement of Trial Results by reason of:(1)any posttrial action by the convening authority, or(2)any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.2. Under regulations prescribed by the Adjutant General, the judgment under paragraph 1 of this subsection shall be:a.provided to the accused and to any victim of the offense, andb.made available to the public.B. Summary court-martial judgment. The findings and sentence of a summary court-martial, as modified by any posttrial action by the convening authority under Section 860B of this title (Article 60B), constitutes the judgment of the court-martial and shall be recorded and distributed under regulations prescribed by the Adjutant General.Added by Laws 2019, c. 408, § 75, eff. Oct. 1, 2019.
44 OK Stat § 44-861 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-861. Waiver of right to appeal - Withdrawal of appeal.

|ARTICLE 61. Waiver of right to appeal; withdrawal of appeal. |A. Waiver of right to appeal. After entry of judgment in a general or special court-martial, under regulations promulgated by the Adjutant General, the accused may waive the right to appellate review in each case subject to such review under Section 866 of this title (Article 66). Such a waiver shall be:1. Signed by the accused and by defense counsel; and2. Attached to the record of trial.B. Withdrawal of appeal. In a general or special court-martial, the accused may withdraw an appeal at any time.C. Waiver or withdrawal as bar. A waiver or withdrawal under this section bars review under Section 866 of this title (Article 66).Added by Laws 2019, c. 408, § 76, eff. Oct. 1, 2019.
44 OK Stat § 44-862 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-862. Appeal by the State of Oklahoma.

|ARTICLE 62. Appeal by the State of Oklahoma. |A. 1. In a trial by general or special court-martial, or in a pretrial proceeding under Section 830A of this title (Article 30A), the State of Oklahoma may appeal the following:a.an order or ruling of the military judge which terminates the proceedings with respect to a charge or specification,b.an order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding,c.an order or ruling which directs the disclosure of classified or confidential information,d.an order or ruling which imposes sanctions for nondisclosure of classified or confidential information,e.a refusal of the military judge to issue a protective order sought by the State of Oklahoma to prevent the disclosure of classified or confidential information,f.a refusal by the military judge to enforce an order described in subparagraph e of this paragraph that has previously been issued by appropriate authority, andg.an order or ruling of the military judge entering a finding of not guilty with respect to a charge or specification following the return of a finding of guilty by the members.2.a.An appeal of an order or ruling may not be taken unless the trial counsel provides the military judge with written notice of appeal from the order or ruling within seventy-two (72) hours of the order or ruling. Such notice shall include a certification by the trial counsel that the appeal is not taken for the purpose of delay and (if the order or ruling appealed is one which excludes evidence) that the evidence excluded is substantial proof of a fact material in the proceeding.b.An appeal of an order or ruling may not be taken when prohibited by Section 844 of this title (Article 44).3. An appeal under this section shall be diligently prosecuted by appellate government counsel.B. An appeal under this section shall be forwarded by a means prescribed under regulations of the Adjutant General directly to the Military Court of Appeals and shall, whenever practicable, have priority over all other proceedings before that court. In ruling on an appeal under this section, the Military Court of Appeals may act only with respect to matters of law.C. Any period of delay resulting from an appeal under this section shall be excluded in deciding any issue regarding denial of a speedy trial unless an appropriate authority determines that the appeal was filed solely for the purpose of delay with the knowledge that it was totally frivolous and without merit.D. The provisions of this section shall be liberally construed to effect its purposes.Added by Laws 2019, c. 408, § 77, eff. Oct. 1, 2019.
44 OK Stat § 44-863 (2021)
2021 Oklahoma Statutes|Title 44. Militia|§44-863. Rehearings.

|ARTICLE 63. Rehearings. |A. Each rehearing under the Oklahoma Uniform Code of Military Justice shall take place before a court-martial composed of members who were 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 or she was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be adjudged, 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.B. If the sentence adjudged by the first court-martial was in accordance with a plea agreement under Section 853A of this title (Article 53A) and the accused at the rehearing does not comply with the agreement, or if a plea of guilty was entered for an offense at the first court-martial and a plea of not guilty was entered at the rehearing, the sentence as to those charges or specifications may include any punishment not in excess of that which could have been adjudged at the first court-martial, subject to such limitations as the Adjutant General may prescribe by regulation.C. If, after appeal by the government under subsection C of Section 856 of this title (Article 56, subsection C), the sentence adjudged is set aside and a rehearing on sentence is ordered by the Military Court of Appeals or Court of Criminal Appeals, the court-martial may impose any sentence that is in accordance with the order or ruling setting aside the adjudged sentence, subject to such limitations as the Adjutant General may prescribe by regulation.Added by Laws 2019, c. 408, § 78, eff. Oct. 1, 2019.