Common use of Other lawful punishments Clause in Contracts

Other lawful punishments. No (other lawful punishments) (restriction) (hard labor without confinement) (reprimand) will be adjudged. OR The maximum (restriction) (hard labor without confinement) to be adjudged is (restriction for ______ months/days) (hard labor without confinement for ________ months/days). AND/OR The minimum (restriction) (hard labor without confinement) to be adjudged is (restriction for ______ months/days) (hard labor without confinement for ________ months/days). OR Any adjudged [restriction, hard labor without confinement, etc.] will be suspended for _______ months from the date of the Entry of Judgment, at which time, unless sooner vacated, the suspended portion will be remitted without further action. OR A punitive letter of reprimand will be adjudged. OR Restriction for a period of _____ days to the limits of __________ will be adjudged. OR Hard Labor without confinement for a period of ____ days will be adjudged. Members Sentencing – Unitary Sentencing

Other lawful punishments. No (other lawful punishments) (restriction) (hard labor without confinement) (reprimand) will be adjudged. OR The maximum (restriction) (hard labor without confinement) to be adjudged is (restriction for ______ months/days) (hard labor without confinement for ________ months/days). AND/OR The minimum (restriction) (hard labor without confinement) to be adjudged is (restriction for ______ months/days) (hard labor without confinement for ________ months/days). OR Any adjudged [restriction, hard labor without confinement, etc.] will be suspended for _______ months from the date of the Entry entry of Judgmentjudgment, at which time, unless sooner vacated, the suspended portion will be remitted without further action. OR A punitive letter of reprimand will be adjudged. OR Restriction for a period of _____ days to the limits of __________ will be adjudged. OR Hard Labor without confinement for a period of ____ days will be adjudged. Members Sentencing Appendix 4: Notification provisions [Rape/sex assault pleas] My defense counsel has advised me that a guilty plea to the offense of rape, sexual assault, rape of a child, sexual assault of a child, forcible sodomy, or an attempt to commit any of these offenses, requires the sentencing authority to adjudge a dishonorable discharge or dismissal. [Sex offender registration – Unitary SentencingUse if Accused is pleading guilty to sex offense/kidnapping. See United States x. Xxxxxx, 63 X.X. 452 (C.A.A.F. 2006); United States x. Xxxxx, 72 X.X. 115 (C.A.A.F. 2013).] My defense counsel has advised me that, as a result of my pleas, I may be required to register as a sexual offender in any state in which I am domiciled. I have reviewed DoD Instruction 1325.07 (series) with my counsel and understand that I am entering a plea of guilty to an offense requiring sex offender registration processing within the meaning of Appendix 4 to Enclosure 2 of that instruction. Further, my counsel has advised me that, in accordance with 42 U.S.C. § 14071(d), my information in the offender registry may be accessible by the public. [Possible Sex Offender Registration for LIO cases, e.g., Pled Article 120 charge down to Article 128] My defense counsel has advised me that as a result of my pleas I may be required to register as a sex offender in the state in which I live at some point in the future even though I am not pleading guilty to a qualifying offense pursuant to DoD Instruction 1325.07 (series). I understand that I am pleading guilty to an offense of unlawfully touching another person in a way that could be viewed as sexual in nature. My defense counsel has advised me that I may be required to register as a sex offender based upon the sexual nature of the facts in this case. I also understand that sex offender laws can change over time and therefore my defense counsel cannot predict whether I would have to register as a sex offender in any given state at any given time in the future. After careful consideration of all of these possible unknown effects of the sex offender laws, I knowingly and voluntarily pled guilty to the offense(s) listed below. [Xxxxxxxxxx Amendment – use in the following cases: (1) if the accused pleads guilty to a crime of domestic violence; (2) if the case is referred to a general court-martial and the maximum punishment for any of the offenses in the chart at Appendix 12 is a dishonorable discharge or more than one (1) year; or (3) if there is a conviction for unlawful drug use.] My defense counsel has advised me that my guilty pleas to the charges and specifications contained in this agreement may preclude me from the ownership, receipt, or transport of any firearm that has been transported in interstate or foreign commerce under 18 U.S.C. § 922(g). [Repayment for advanced education – use if Accused received advanced financial education assistance and could be discharged prior to fulfilling service obligation.] My defense counsel has advised me that my guilty pleas to the Charges and Specifications contained in this agreement may result in my discharge from the (Navy) (Marine Corps) (Coast Guard) for misconduct, either by punitive or administrative means. This may require me to repay the government for any and all advanced educational assistance benefits that I have received (in accordance with JAGMAN § 0171 and 10 U.S.C. § 2005). This repayment will occur in the case that my early separation from the (Navy) (Marine Corps) (Coast Guard) precludes me from fulfilling any additional service requirements that were required as consideration for this advanced educational assistance. [Retirement/VA benefits – use if Accused is close to or retirement eligible.] My defense counsel has advised me that any punitive discharge that is adjudged and ultimately approved in my case may adversely affect my ability to receive retirement pay and any and all other Veterans’ benefits accrued as a result of my military service. My defense counsel has advised me that any punitive discharge that is adjudged and ultimately approved in my case may adversely affect my ability to receive Veterans’ and all other benefits accrued as a result of my military service. [Hiss Act, 5 U.S.C § 8312 – use if Accused pleading guilty to case involving classified information or giving defense information to unauthorized person, and Accused is close to or retirement eligible.] My defense counsel has advised me that my plea(s) of guilty may adversely affect my ability to receive retirement pay and any and all other benefits accrued as a result of my military service under the Hiss Act, 5 U.S.C. § 8312. [Immigration Concerns – use if Accused is not a U.S. citizen or is a naturalized U.S. citizen (not used for people that acquired their U.S. citizenship at birth or from their parents.) Refer to 8 U.S.C. 1439(f), 8 U.S.C. 1440(c), and 8 U.S.C. 1421(c)] My defense counsel has advised me that my plea(s) of guilty may adversely affect my ability to naturalize or could cause me to be denaturalized and the United States could initiate deportation proceedings against me. I also understand that even if my conviction does not cause me to be deported, my plea(s) of guilty might prevent me from returning to the United States, if I choose to leave the country for any reason. My defense counsel has advised me that the factors considered include: (1) when I was naturalized; (2) under what provision of the Immigration and Nationality Act I was naturalized; (3) what offenses I am pleading guilty; and (4) what kind of discharge I receive. [No-Pay Status – use if Accused could be placed in a no-pay status following trial] I understand that I may be placed on appellate leave under the provisions of 10 U.S.C. § 876a, Article 76a of the UCMJ, if the sentence, as approved, includes an unsuspended punitive discharge. I understand that an individual placed into an appellate leave status will normally not receive any pay or allowances. I further understand that receipt of pay and/or allowances while in an appellate leave status will depend on the amount of accrued leave I have accumulated and chose to use, and on the sentence awarded by this court-martial. (Furthermore, I agree that, should a punitive discharge be adjudged, I will submit, within ___ days from the date of the conclusion of my trial, a written request to be placed on appellate leave.) [Impact of Guilty Plea – use if Accused could face an administrative separation following court-martial] I have been fully advised by my defense counsel of, and I fully understand and comprehend the meaning and effect of, my guilty pleas and all attendant effects and consequences, including the possibility that I may be processed for administrative discharge from the U.S. (Navy) (Marine Corps) (Coast Guard). I understand that such an administrative discharge could result in an Other Than Honorable characterization of service, unless otherwise limited by this agreement, even if part or all of the sentence, including a punitive discharge, is suspended or disapproved for any reason. I understand that if I am separated with a characterization Other Than Honorable that I may be deprived of Veterans' benefits based upon my current period of active service, and that I may therefore expect to encounter substantial prejudice in civilian life in many situations.

Other lawful punishments. No (other lawful punishments) (restriction) (hard labor without confinement) (reprimand) will be adjudged. OR The maximum (restriction) (hard labor without confinement) to be adjudged is (restriction for ______ months/days) (hard labor without confinement for ________ months/days). AND/OR The minimum (restriction) (hard labor without confinement) to be adjudged is (restriction for ______ months/days) (hard labor without confinement for ________ months/days). OR Any adjudged [restriction, hard labor without confinement, etc.] will be suspended for _______ months from the date of the Entry entry of Judgmentjudgment, at which time, unless sooner vacated, the suspended portion will be remitted without further action. OR A punitive letter of reprimand will be adjudged. OR Restriction for a period of _____ days to the limits of __________ will be adjudged. OR Hard Labor without confinement for a period of ____ days will be adjudged. Members Sentencing Appendix 4: Notification provisions [Rape/sex assault pleas] My defense counsel has advised me that a guilty plea to the offense of rape, sexual assault, rape of a child, sexual assault of a child, forcible sodomy, or an attempt to commit any of these offenses, requires the sentencing authority to adjudge a dishonorable discharge or dismissal. [Sex offender registration – Unitary SentencingUse if Accused is pleading guilty to sex offense/kidnapping. See United States x. Xxxxxx, 63 X.X. 452 (C.A.A.F. 2006); United States x. Xxxxx, 72 X.X. 115 (C.A.A.F. 2013).] My defense counsel has advised me that, as a result of my pleas, I may be required to register as a sexual offender in any state in which I am domiciled. I have reviewed DoD Instruction 1325.07 (series) with my counsel and understand that I am entering a plea of guilty to an offense requiring sex offender registration processing within the meaning of Appendix 4 to Enclosure 2 of that instruction. Further, my counsel has advised me that, in accordance with 42 U.S.C. § 14071(d), my information in the offender registry may be accessible by the public. [Possible Sex Offender Registration for LIO cases, e.g., Pled Article 120 charge down to Article 128] My defense counsel has advised me that as a result of my pleas I may be required to register as a sex offender in the state in which I live at some point in the future even though I am not pleading guilty to a qualifying offense pursuant to DoD Instruction 1325.07 (series). I understand that I am pleading guilty to an offense of unlawfully touching another person in a way that could be viewed as sexual in nature. My defense counsel has advised me that I may be required to register as a sex offender based upon the sexual nature of the facts in this case. I also understand that sex offender laws can change over time and therefore my defense counsel cannot predict whether I would have to register as a sex offender in any given state at any given time in the future. After careful consideration of all of these possible unknown effects of the sex offender laws, I knowingly and voluntarily pled guilty to the offense(s) listed below. [Xxxxxxxxxx Amendment – use in the following cases: (1) if the accused pleads guilty to a crime of domestic violence; (2) if the case is referred to a general court-martial and the maximum punishment for any of the offenses in the chart at Appendix 12 is a dishonorable discharge or more than one (1) year; or (3) if there is a conviction for unlawful drug use.] My defense counsel has advised me that my guilty pleas to the charges and specifications contained in this agreement may preclude me from the ownership, receipt, or transport of any firearm that has been transported in interstate or foreign commerce under 18 U.S.C. § 922(g). [Repayment for advanced education – use if Accused received advanced financial education assistance and could be discharged prior to fulfilling service obligation.] My defense counsel has advised me that my guilty pleas to the Charges and Specifications contained in this agreement may result in my discharge from the (Navy) (Marine Corps) (Coast Guard) for misconduct, either by punitive or administrative means. This may require me to repay the government for any and all advanced educational assistance benefits that I have received (in accordance with JAGMAN § 0171 and 10 U.S.C. § 2005). This repayment will occur in the case that my early separation from the (Navy) (Marine Corps) (Coast Guard) precludes me from fulfilling any additional service requirements that were required as consideration for this advanced educational assistance. [Retirement/VA benefits – use if Accused is close to or retirement eligible.] My defense counsel has advised me that any punitive discharge that is adjudged and ultimately approved in my case may adversely affect my ability to receive retirement pay and any and all other Veterans’ benefits accrued as a result of my military service. My defense counsel has advised me that any punitive discharge that is adjudged and ultimately approved in my case may adversely affect my ability to receive Veterans’ and all other benefits accrued as a result of my military service. [Hiss Act, 5 U.S.C § 8312 – use if Accused pleading guilty to case involving classified information or giving defense information to unauthorized person, and Accused is close to or retirement eligible.] My defense counsel has advised me that my plea(s) of guilty may adversely affect my ability to receive retirement pay and any and all other benefits accrued as a result of my military service under the Hiss Act, 5 U.S.C. § 8312. [Immigration Concerns – use if Accused is not a U.S. citizen or is a naturalized U.S. citizen (not used for people that acquired their U.S. citizenship at birth or from their parents.) Refer to 8 U.S.C. 1439(f), 8 U.S.C. 1440(c), and 8 U.S.C. 1421(c)] My defense counsel has advised me that my plea(s) of guilty may adversely affect my ability to naturalize or could cause me to be denaturalized and the United States could initiate deportation proceedings against me. I also understand that even if my conviction does not cause me to be deported, my plea(s) of guilty might prevent me from returning to the United States, if I choose to leave the country for any reason. My defense counsel has advised me that the factors considered include: (1) when I was naturalized; (2) under what provision of the Immigration and Nationality Act I was naturalized; (3) what offenses I am pleading guilty; and (4) what kind of discharge I receive. [No-Pay Status – use if Accused could be placed in a no-pay status following trial] I understand that I may be placed on appellate leave under the provisions of 10 U.S.C. § 876a, Article 76a of the UCMJ, if the sentence, as approved, includes an unsuspended punitive discharge. I understand that an individual placed into an appellate leave status will normally not receive any pay or allowances. I further understand that receipt of pay and/or allowances while in an appellate leave status will depend on the amount of accrued leave I have accumulated and chose to use, and on the sentence awarded by this court-martial. (Furthermore, I agree that, should a punitive discharge be adjudged, I will submit, within ___ days from the date of the conclusion of my trial, a written request to be placed on appellate leave.) [Impact of Guilty Plea – use if Accused could face an administrative separation following court-martial] I have been fully advised by my defense counsel of, and I fully understand and comprehend the meaning and effect of, my guilty pleas and all attendant effects and consequences, including the possibility that I may be processed for administrative discharge from the U.S. (Navy) (Marine Corps) (Coast Guard). I understand that nothing in this agreement ensures or promises that administrative separation processing will be disapproved for the misconduct underlying the charges at this court-martial. I understand that (Commander, Navy Personnel Command) (Deputy Commandant for Manpower and Reserve Affairs)(Commander, Personnel Service Center), or any other appropriate separation authority may initiate administrative separation processing based on the misconduct underlying this court-martial. I understand that such an administrative discharge could result in an Other Than Honorable characterization of service, unless otherwise limited by this agreement, even if part or all of the sentence, including a punitive discharge, is suspended or disapproved for any reason. I understand that if I am separated with a characterization Other Than Honorable that I may be deprived of veterans' benefits based upon my current period of active service, and that I may therefore expect to encounter substantial prejudice in civilian life in many situations.