HAR §7-6-9. Mittimus when issued by convening authority

(a) If the convening authority approves any portion of a court-martial sentence that includes confinement and does not suspend that confinement, the convening authority shall issue the mittimus if confinement has been deferred as provided in section 7-6-1. The convening authority shall have the sole discretion to allow the convicted person to serve a sentence to confinement on any basis other than "straight-time" (for example, by allowing service on weekends or participation in a work-release program). If the convening authority desires to authorize other than "straight-time" service of the sentence, the convening authority shall make the appropriate arrangements with the confinement authorities prior to issuing the mittimus. Any such arrangements shall be set out in that portion of the mittimus following the words "Convening Authority's Special Instructions to Jailer". (b) Upon being informed of the convening authority's imposition of confinement, the defense counsel shall advise the convicted person to voluntarily surrender to the authority designated in the mittimus to begin service of the sentence of confinement. If the convicted person fails to surrender voluntarily at the time and place designated in the mittimus, the convening authority may order civilian law enforcement authorities or the military police of the state military force concerned to apprehend the convicted person and deliver the convicted person to the place of confinement designated in the mittimus. [Eff: FEB 11 1985] (Auth: HRS §124A-171) (Imp: HRS §124A-84) BACK TO TOP