2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 1807/ - Illinois Code of Military Justice. › Part VIII - Sentences

(20 ILCS 1807/Pt. VIII heading)
PART VIII.  SENTENCES
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/55)
Sec. 55. 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 a court-martial or inflicted upon any person subject to this Code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/56)
Sec. 56. Article 56. Maximum limits.
(a)    The punishment which a court-martial may direct for an offense may not exceed such limits as prescribed by this Code, but in no instance may a sentence exceed more than 10 years for a military offense, nor shall a sentence of death be adjudged.  A conviction by general court-martial  of  any  military  offense  for  which  an  accused  may  receive  a  sentence  of confinement  for more than one year is a felony offense.   All other military offenses are misdemeanors.
(b)    The limits of punishment for violations of the punitive Articles prescribed herein shall be equal to or lesser of the sentences prescribed by the Manual for Courts-Martial of the United States in effect on the effective date of this Code, and in no instance shall any punishment exceed that authorized by this Code.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/56a)
Sec. 56a. Article 56a. (Reserved).
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/57)
Sec. 57. Article 57. Effective date of sentences.
(a)   Whenever a sentence of a court-martial as lawfully adjudged and approved includes a forfeiture of pay or allowances in addition to confinement not suspended, the forfeiture may apply to pay or allowances becoming due on or after the date the sentence is approved by the convening authority.   No forfeiture may extend to any pay or allowances accrued before that date.
(b)    Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(c)    All other sentences of courts-martial are effective on the date ordered executed.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/57a)
Sec. 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 paragraph (2)  to  confinement,  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 referred to in that paragraph.
(2) Paragraph (1) applies to a person subject to this Code who:
(A)  while in the custody of a state, the United     States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the State military forces for trial by court-martial; and
(B)   after the court-martial, is returned to that     state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.
(3) In this subsection, the term "state" includes the District of Columbia and any Commonwealth, Territory, or possession of the United States.
(c)    In any case in which a court-martial sentences an accused to confinement and the sentence to confinement has been ordered executed, but in which review of the case under Article 67a of this Code is pending, the Adjutant General may defer further service of the sentence to confinement while that review is pending.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/58)
Sec. 58. Article 58. Execution of confinement.
(a)    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 authorized by this Code.  Persons so confined are subject to the same discipline and treatment as persons regularly confined or committed to that place of confinement.
(b)     The omission of hard labor as a sentence authorized under this Code does not deprive the State confinement facility from employing it, if it otherwise is within the authority of that facility to do so.
(c)   No place of confinement may require payment of any fee or charge for so receiving or confining a person except as otherwise provided by law.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/58a)
Sec. 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:
(1) a dishonorable or bad-conduct discharge; or
(2) 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 paragraphs (1) or (2) of subsection (a), the rights and privileges of which the person was deprived because of that reduction shall be restored, including pay and allowances.
(Source: P.A. 99-796, eff. 1-1-17.)
(20 ILCS 1807/58b)
Sec. 58b. Article 58b. Sentences: forfeiture of pay and allowances during confinement.
(a)(1)    A court-martial sentence described in paragraph (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 subsection (a) of Article 57 of this Code 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:
(A) confinement for more than 6 months; or
(B) confinement  for  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 Article 60 of this Code may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed 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) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in paragraph (2) of subsection (a), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
(Source: P.A. 99-796, eff. 1-1-17.)