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show that both the interests of the accused and the
community in release outweigh the community’s
interest in confinement. Factors that the authority acting
on a deferment request may consider in determining
whether to grant the deferment request include the
following:
The chance of the accused’s flight
The chance that the accused may commit other
offenses, intimidate witnesses, or interfere with
the administration of justice
The nature of the offenses (including the effect
on the victim) of which the accused was
convicted
The sentence adjudged
The command’s immediate need for the accused
The effect of deferment on good order and
discipline in the command
The accused’s character, mental condition,
family situation, and service record
Although the decision to grant or deny the
deferment request falls within the CA’s sole discretion,
that decision is subject to judicial review only for abuse
of discretion.
The action of the CA in granting or
denying the accused’s application for deferment is a
written docurment of which a copy is provided to the
accused.
RESTRAINT
WHEN
DEFERMENT
IS
GRANTED.— No form of restraint or other limitation
on the accused’s liberty is authorized as a substitute for
the deferred confinement. The accused may, however,
be restrained for an independent reason; for example,
pretrial restraint resulting from a different set of facts in
which disciplinary action is anticipated.
TERMINATION OF DEFERMENT.—
Deferment to a sentence of confinement ends when:
. the CA acts on the sentence, unless the CA
specifics in the action that service of the confinement
after the action is deferred. In this case, deferment
terminates when the conviction is find.
l the sentence to confinement is suspended.
l the deferment expires by its own terms.
. the deferment is rescinded by the officer who
granted it or, if the accused is no longer under his or her
jurisdiction, by the OEGCMJ over the accused’s
command.
RESCISSION OF DEFERMENT.— Deferment
may be rescinded when additional information comes to
the authority’s attention that, in his or her discretion,
presents grounds for denial of continued deferment.
The accused must be given notice of the intended
rescission and of the right to submit written matters. The
accused, however, may be required to serve the sentence
to confinement pending this action.
RECORD OF PROCEEDINGS.— A ny
document relating to deferment or rescission of
deferment is made a part of the record of trial. The dates
of any periods of deferment and the date of any
rescission must appear in the CA’s actions or
supplementary actions.
RESTRICTION AND EXTRA DUTY
ORDERS
An accused may be awarded restriction and/or extra
duty us a sentence at a court-martial. Chapter 6 covers
the prepartition of restriction and extra duty orders. No
difference exists in the preparation of these orders to
affect a sentence from a court-martial with the exception
of stating in the text that the restriction and/or extra duty
is the result of a court-martial.
Restriction
Restriction is the least severe form of deprivation of
liberty and it involves moral rather than physical
restraint. Generally, the restricted member continues to
perform military duties, but is required to report to a
specified place at specific periods of time. Both officer
and enlisted members may be restricted. The restriction
order should be prepared by you and then you should
turn it over to the chief master-at-arms (CMAA) for
execution of the sentence.
Extra Duty
Extra duty is the performance by enlisted members
of duties in addition to those normally assigned. Extra
duties normally should not exceed 2 hours per day, after
which the accused is granted liberty-unless, of course,
the member’s liberty has been otherwise curtailed.
Extra duty is not performed on Sundays but Sunday is
counted as a day of performing extra duty. You should
meet with your CMAA to determine who prepares the
extra duty letter and log.
Normally, the CMAA
performs this function.
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