W. Va. Code R. § 141-49-6

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 141-49-6 - Post-Trial Procedure

6.1. Sentences.

6.1.a. The punishment which a court-martial may direct may not exceed the limits described in this paragraph.

6.1.b. At any time, including periods of fulltime National Guard duty, annual training and state active duty, a sentence to confinement may be carried into execution in any correctional center, regional jail, or penitentiary under the control of the West Virginia Division of Corrections.

6.1.c. To execute a sentence of confinement, the convening authority shall, after the sentence is approved by The Adjutant General, issue a warrant or order of commitment (See Attachment 5) of the person so sentenced to the commissioner, administrator or warden of the appropriate facility, who shall forthwith execute said warrant and make a proper return to the convening authority.

6.1.d. Forfeitures and fines are based on the comparable active duty pay of the accused at the grade held at the time of the offense, except when the offense was committed while the accused was on state active duty, in which case, the forfeiture or fine is based on the amount of pay the accused was entitled to for a comparable period on state active duty.

6.2. Sentences of Confinement and forfeiture to be approved by The Adjutant General.

6.2.a. No pretrial confinement, sentence to confinement, or forfeiture of pay and allowances shall be executed until it is approved by The Adjutant General. If a sentence as approved includes imprisonment, the convening authority will forward a brief synopsis of the case together with a copy of the record of trial to The Adjutant General and include the following information concerning the sentenced individual:

6.2.a.1. Martial status.

6.2.a.2. Dependency status.

6.2.a.3. Effect of imprisonment on employment.

6.2.a.4. Comments of convening authority.

6.2.b.No sentence of confinement shall be ordered in any case where the accused was not represented by legal counsel at the trial.

6.2.c. If pretrial confinement or sentence to confinement, as applicable, is approved, the convening authority will be directed to order the sentence executed or issue an Order of Commitment.

6.3. Sentences of Dismissal, Dishonorable Discharge or Bad Conduct Discharge to be Approved by the Governor or The Adjutant General. No sentence of dismissal, dishonorable discharge or bad conduct discharge shall be executed until it is approved by the Governor or The Adjutant General.

6.4. Complete Record of Proceedings and Testimony if Bad Conduct Discharge Adjudged. A bad conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court has been made.

6.5. Disposition of Fines, Penalties and Proceedings of Courts-martial.

6.5.a. Proceedings. Upon approval of the proceedings of a court-martial by the convening authority, the original copy will be returned to the unit concerned for entry of necessary information to the Service Record. When the information has been transcribed to the Service Record and the Sentence has been executed, the original copy of the complete record of the proceedings including all exhibits and testimony will be forwarded through channels to The Adjutant General by letter of transmittal, including any fines or a notation that the sentence has been executed.

6.5.b. Remittance of Fines and Penalties. Checks, drafts, money orders and other payments of fines and penalties will be drawn to the order of the State of West Virginia and will be forwarded to The Adjutant General for deposit in the Military Justice Fund. Payment plans and payment by debit or credit card will be permitted upon approval of The Adjutant General.

6.6. Review of Courts-martial. Review of Courts-Martial shall be as prescribed in Sections 59-76, USCMJ.

BY ORDER OF THE GOVERNOR:

ALLEN E. TACKETT

Major General, WVARNG

The Adjutant General

W. Va. Code R. § 141-49-6