[§124B-103] Limited authority to act on sentence in specified post-trial circumstances. (a) The convening authority of a general or special court-martial described in subsection (b):
(b) The courts-martial referred to subsection (a) are the following:
(c) Except as provided in subsection (j), the convening authority shall act under this section only before entry of judgment.
(d) In accordance with rules adopted by the governor or adjutant general, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under this section in place of the convening authority.
(e) Except as provided in subsection (g), (i), or (j), the convening authority shall not reduce, commute, or suspend any of the following sentences:
(f) The convening authority may reduce, commute, or suspend any sentence not specified in subsection (e).
(g) Upon recommendation of the military judge, as included in the statement of trial results, together with an explanation of the facts supporting the recommendation, the convening authority may suspend:
(h) Except as provided in subsection (i) or (j), the convening authority under subsection (g) shall not suspend:
(i) Upon recommendation by the trial counsel, if the accused, after sentencing and before entry of judgment, provides substantial assistance in the investigation or prosecution of another person, the convening authority may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
(j) Upon a recommendation by a trial counsel designated in accordance with rules adopted by the governor or adjutant general, if the accused after entry of judgment provides substantial assistance in the investigation or prosecution of another person, a convening authority as designated by rules may reduce, commute, or suspend a sentence, in whole or in part, including any mandatory minimum sentence.
(k) In evaluating whether the accused has provided substantial assistance under this section, the convening authority may consider the pre-sentence assistance of the accused.
(l) In determining whether to act under this section, the convening authority shall consider matters submitted in writing by the accused or any victim of an offense in accordance with rules adopted by the governor or adjutant general. The rules shall include:
(m) The convening authority shall not consider under this section any submitted matters that relate to the character of a victim unless the matters were presented as evidence at trial and not excluded at trial.
(n) The decision of the convening authority under this section shall be forwarded to the military judge, with copies provided to the accused and to any victim of the offense.
(o) If the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall include a written explanation of the reasons for the action.
(p) If the convening authority reduces, commutes, or suspends the sentence, the decision of the convening authority shall be forwarded to the military judge for appropriate modification of the entry of judgment, which shall be transmitted to the senior force judge advocate for appropriate action. [L 2022, c 286, pt of §2]