Hawaii Administrative Rules › Title 7 - DEPARTMENT OF DEFENSE › Subtitle 1 - MILITARY JUSTICE › Chapter 6 - CONVENING AUTHORITY'S POST-TRIAL ACTIONS › Section 7-6-13 - Vacating suspensions

Current through June, 2024
(a) If at any time
				during the period of suspension the convening authority receives information
				that the probationer may have violated any of the terms of that suspension, the
				convening authority, after consultation with the appropriate judge advocate,
				may begin procedures to consider whether the suspension shall be
				vacated.
(b) The convening
				authority may initiate the procedure by written notification to the
				probationer, delivered in person or by certified mail, return receipt
				requested, delivery restricted to addressee only, in a postage and fees paid
				envelope deposited in an office of the United States Postal Service, addressed
				to the probationer at the latest available address shown on the records of the
				unit. If the probationer refuses to accept personal delivery, or the notice by
				mail is returned undelivered, the convening authority may proceed summarily.
				Notice sent by mail as provided in this subsection shall be presumed to be
				personally delivered to the probationer seven days following date of deposit.
				The form notification shown in the exhibit entitled "Annex 22" dated 1 November
				1984, located at the end of this subtitle may be preprinted on unit stationery
				by convening authorities, or may be tailored to fit each case.
(c) If the probationer requests additional
				time to consult with counsel prior to responding, the convening authority may
				grant a reasonable amount of additional time so that the probationer may have
				the opportunity to prepare and present a meaningful response to the allegations
				of violation of terms of suspension.
(d) The convening authority may utilize any
				administrative procedure to insure that all facts of the matter are available
				prior to making the decision as to whether to vacate the suspension. In
				addition, the convening authority may appoint a court of inquiry under section
				124A-161, HRS,
				or may detail a law officer to conduct a hearing into the matter. In any case
				where a special court-martial sentence, as approved, includes a bad conduct
				discharge, or of any general court-martial sentence, the special court-martial
				convening authority of the probationer shall hold a hearing on the alleged
				violation of probation, The record of hearing and the recommendation of the
				special court-martial convening authority shall be sent to the governor in
				cases involving general court-martial sentence and to the commanding officer of
				the force of the military force of which the probationer is a member in case of
				a special court-martial sentence which includes a bad conduct
				discharge.
(e) The governor, the
				commanding officer of the force of the state military force of which the
				probationer is a member, or the convening authority, as the case may be, shall
				determine what disposition to make of the alleged violation of suspension. Any
				of the following actions may be taken:
(1)
				Continue the accused on suspension;
(2) Vacate the suspension, remit any part or
				amount of the unexecuted part of the sentence, and order the remainder of the
				sentence into execution; or
(3)
				Vacate the suspension and order the unexecuted portion of the sentence into
				execution.
In addition, the authority considering vacation of a
				  suspension may initiate action for court-martial charges or nonjudicial
				  punishment for the act constituting the alleged violation of suspension, if the
				  act also constitutes a violation of chapter
				  124A, HRS.