
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC858]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                       SUBCHAPTER VIII--SENTENCES
 
Sec. 858. Art. 58. Execution of confinement

    (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, Territory, 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 57.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
858(a)................................  50:639(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
858(b)................................  50:639(b).                            5
8), 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''.
