Kansas Statutes

Chapter 48: Militia, Defense And Public Safety

Article 28: Code Of Military Justice; Sentences

Statutes:

• 48-2801: Cruel and unusual punishments prohibited.
• 48-2802: Maximum punishment.
• 48-2803: (KCMJ Art. 57) Effective date of sentences.
• 48-2804: Execution of confinement.

• 48-2801: Cruel and unusual punishments prohibited. Cruel or unusual punishment may not be adjudged by any court-martial or inflicted upon any person subject to this code.

        History:   L. 1972, ch. 203, § 48-2801; July 1.

• 48-2802: Maximum punishment. The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.

        History:   L. 1972, ch. 203, § 48-2802; July 1.

• 48-2803: (KCMJ Art. 57) Effective date of sentences. (a) No forfeiture may extend to any pay accrued before the date on which the sentence is approved by the person acting under K.S.A. 48-2901 and amendments thereto.

        (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. Regulations prescribed by the governor may provide that sentences of confinement may not be executed until approved by designated officers.

        (c)   All other sentences of courts-martial are effective on the date ordered executed.

        (d)   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 the convening authority's jurisdiction, the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned, may in 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 The deferment may be rescinded at any time by the officer who granted it or, if the accused is no longer under the officer's jurisdiction, by the officer exercising general court-martial jurisdiction over the command to which the accused is currently assigned.

        History:   L. 1972, ch. 203, § 48-2803; L. 1988, ch. 191, § 36; July 1.

• 48-2804: Execution of confinement. (a) A sentence of confinement adjudged by a military court, 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 any of the forces of the state military forces or in any jail, penitentiary, or prison designed for the purpose. Persons so confined in a jail, penitentiary, or prison are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, or prison by the courts of the state or of any political subdivision thereof.

        (b)   The omission of the words "hard labor" from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.

        (c)   The keepers, officers, and wardens of city or county jails and of other jails, penitentiaries, or prisons designated by the governor, or by such person as the governor may authorize to act under K.S.A. 48-2205, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law. No such keeper, officer, or warden may require payment of any fee or charge for so receiving or confining a person.

        History:   L. 1972, ch. 203, § 48-2804; July 1.