§858 — Title 10 Armed Forces | U.S. Code

Summary

A military prison sentence must be carried out under rules the responsible Secretary sets. It can be served in military jails or in federal or other U.S.-used prisons, even if the sentence includes a discharge or dismissal and whether or not that discharge has already happened. If held in a non-military prison, the person follows the same rules and treatment as other inmates there. If a court-martial sentence does not say “hard labor,” the people who carry out the sentence may still require hard labor.

Title 10, §858

Armed Forces — Source: USLM XML via OLRC

(a)Under such instructions as the Secretary concerned may prescribe, a sentence of confinement adjudged by a court-martial or other military tribunal, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the armed forces or in any penal or correctional institution under the control of the United States, or which the United States may be allowed to use. Persons so confined in a penal or correctional institution not under the control of one of the armed forces are subject to the same discipline and treatment as persons confined or committed by the courts of the United States or of the State, District of Columbia, or place in which the institution is situated.

(b)The omission of the words “hard labor” from any sentence of a court-martial adjudging confinement does not deprive the authority executing that sentence of the power to require hard labor as a part of the punishment.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 858(a)858(b)50:639(a).50:639(b).May 5, 1950, ch. 169, § 1 (Art. 58), 64 Stat. 126. In subsection (a), the words “Secretary concerned” are substituted for the words “Department concerned”, since the “Department” as an entity, cannot issue instructions. The word “are” is substituted for the words “shall be”. The words “of Columbia” are inserted after “District” for clarity. In subsection (b), the word “from” is substituted for the word “in”. The words “does not deprive” are substituted for the words “shall not be construed as depriving”.

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–163 struck out “Territory,” after “State,”.

§858 Art. 58. Execution of Confinement