§853a — Title 10 Armed Forces | U.S. Code

Summary

Before the findings under section 853 are announced, the convening authority and the accused may make a plea deal about how charges will be handled and about limits on possible sentences. The military judge cannot take part in those plea talks. If a special trial counsel has authority under section 824a, only that counsel and the accused may make the plea deal, and the same rules apply. The military judge must accept a submitted plea deal unless the proposed sentence is plainly unreasonable—this includes rules about presidential sentencing parameters under section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022. The judge must reject deals that include terms not agreed to by both sides, terms the accused does not understand, terms that break the law or presidential regulations, or (with limited exceptions) sentences below mandatory minimums. For offenses under section 856(b)(2), the judge may accept a bad-conduct discharge or, if trial counsel recommends it for substantial help, accept a sentence below the mandatory minimum. Once the judge accepts a plea, it binds the parties and the court-martial.

Title 10, §853a

Armed Forces — Source: USLM XML via OLRC

(a)(1)Subject to paragraph (3), at any time before the announcement of findings under section 853 of this title (article 53), the convening authority and the accused may enter into a plea agreement with respect to such matters as—

(A)the manner in which the convening authority will dispose of one or more charges and specifications; and

(B)limitations on the sentence that may be adjudged for one or more charges and specifications.

(2)The military judge of a general or special court-martial may not participate in discussions between the parties concerning prospective terms and conditions of a plea agreement.

(3)With respect to charges and specifications over which a special trial counsel exercises authority pursuant to section 824a of this title (article 24a), a plea agreement under this section may only be entered into between a special trial counsel and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article).

(b)Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that—

(1)in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and

(2)in the case of an offense for which the President has not established a sentencing parameter pursuant to section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable.

(c)The military judge of a general or special court-martial shall reject a plea agreement that—

(1)contains a provision that has not been accepted by both parties;

(2)contains a provision that is not understood by the accused;

(3)except as provided in subsection (c), contains a provision for a sentence that is less than the mandatory minimum sentence applicable to an offense referred to in section 856(b)(2) of this title (article 56(b)(2));

(4)is prohibited by law; or

(5)is contrary to, or is inconsistent with, a regulation prescribed by the President with respect to terms, conditions, or other aspects of plea agreements.

(d)With respect to an offense referred to in section 856(b)(2) of this title (article 56(b)(2))—

(1)the military judge may accept a plea agreement that provides for a sentence of bad conduct discharge; and

(2)upon recommendation of the trial counsel, in exchange for substantial assistance by the accused in the investigation or prosecution of another person who has committed an offense, the military judge may accept a plea agreement that provides for a sentence that is less than the mandatory minimum sentence for the offense charged.

(e)Upon acceptance by the military judge of a general or special court-martial, a plea agreement shall bind the parties (including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3)) and the court-martial.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 539E(e) of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsec. (b), is section 539E(e) of Pub. L. 117–81, which is set out as a note under section 856 of this title.

Amendments

2021—Subsec. (a)(1). Pub. L. 117–81, § 539(a)(1), substituted “Subject to paragraph (3), at any time” for “At any time” in introductory provisions. Subsec. (a)(3). Pub. L. 117–81, § 539(a)(2), added par. (3). Subsecs. (b), (c). Pub. L. 117–81, § 539E(b), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Pub. L. 117–81, § 539(b), inserted “(including the convening authority and the special trial counsel in the case of a plea agreement entered into under subsection (a)(3))” after “parties”. Subsec. (e). Pub. L. 117–81, § 539E(b)(1), redesignated subsec. (d) as (e). 2017—Subsec. (b)(4), (5). Pub. L. 115–91, § 531(d)(1), added pars. (4) and (5). Subsec. (d). Pub. L. 115–91, § 1081(c)(1)(H), which directed substitution of “court-martial” for “military judge” the second place it appeared, could not be executed because of the prior amendment by Pub. L. 115–91, § 531(d)(2). See below. Pub. L. 115–91, § 531(d)(2), substituted “shall bind the parties and the court-martial” for “shall bind the parties and the military judge”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by section 539 of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable with respect to offenses that occur after that date, with provisions for delayed effect and applicability if

Regulations

are not prescribed by the President before the date that is two years after Dec. 27, 2021, see section 539C of Pub. L. 117–81, set out as a note under section 801 of this title. Amendment by section 539E(b) of Pub. L. 117–81 effective on the date that is two years after Dec. 27, 2021, and applicable to sentences adjudged in cases in which all findings of guilty are for offenses that occurred after the date that is two years after Dec. 27, 2021, see section 539E(f) of Pub. L. 117–81, set out as a note under section 853 of this title.

Effective Date

of 2017 AmendmentAmendment by section 531(d) of Pub. L. 115–91 effective immediately after the

Amendments

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title. Amendment by section 1081(c)(1)(H) of Pub. L. 115–91 effective immediately after the

Amendments

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 1081(c)(4) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title.

§853a Art. 53a. Plea Agreements

Summary

Title 10, §853a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Amendments

Amendments

Effective Date

Regulations

Citations & Metadata