10 U.S.C. § 857a : US Code - Section 857A: Art. 57a. Deferment of sentences

Search 10 U.S.C. § 857a : US Code - Section 857A: Art. 57a. Deferment of sentences

(a) 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 his jurisdiction,
the officer exercising general court-martial jurisdiction over the
command to which the accused is currently assigned, may in his 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The deferment may be rescinded at any time by the officer who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 his jurisdiction,
by the officer exercising general court-martial jurisdiction over
the command to which the accused is currently assigned.
(b)(1) In any case in which a court-martial sentences a person
referred to in paragraph (2) to confinement, the convening
authority may defer the service of the sentence to confinement,
without the consent of that person, until after the person has been
permanently released to the armed forces by a State or foreign
country referred to in that paragraph.
(2) Paragraph (1) applies to a person subject to this chapter who
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(A) while in the custody of a State or foreign country is
temporarily returned by that State or foreign country to the
armed forces for trial by court-martial; and
(B) after the court-martial, is returned to that State or
foreign country under the authority of a mutual agreement or
treaty, as the case may be.
(3) In this subsection, the term "State" includes the District of
Columbia and any commonwealth, territory, or possession of the
United States.
(c) In any case in which a court-martial sentences a person to
confinement and the sentence to confinement has been ordered
executed, but in which review of the case under section 867(a)(2)
of this title (article 67(a)(2)) is pending, the Secretary
concerned may defer further service of the sentence to confinement
while that review is pending.