§ Article 107a : Parole Violation

Article 107a of the UCMJ (10 U.S.C. § 907a) punishes violating the conditions of parole by a person who, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, was released on parole subject to those conditions.

Who It Applies To

Any person subject to the UCMJ who, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, is on parole subject to conditions, and who violates those conditions.

What It Covers

1. The accused was a prisoner as the result of a court-martial conviction or other criminal proceeding.
2. The accused was on parole.
3. There were certain conditions of parole that the accused was bound to obey.
4. The accused violated those conditions by doing, or failing to do, an act.

Key rules

• “Prisoner” refers only to a person in confinement resulting from conviction at a court-martial or other criminal proceeding.
• The Manual defines “parole” as “word of honor.” A parolee has agreed to follow a parole plan and conditions of parole in exchange for release.
• A parole plan is a written or oral agreement, made before parole, to do or refrain from certain acts; it may include residence and employment requirements. Conditions of parole include the plan and other reasonable conditions, such as paying restitution, beginning or continuing alcohol or drug treatment, or paying a fine ordered executed as part of a court-martial sentence.

Maximum Punishment

Maximum authorized punishment. Bad-conduct discharge, confinement for 6 months, and forfeiture of two-thirds pay per month for 6 months.

Sentencing parameters. Category 1 (0–12 months), with a recommended maximum of 6 months, the authorized maximum.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Parole violation applies to a person already convicted and released under specific conditions — distinct from offenses concerning custody itself, such as escape from confinement (Article 87a) or breach of correctional custody or restriction (Article 87b), which do not require a parole status.

What the Provision Does

Article 107a applies only to a person who, having been a prisoner as the result of a court-martial conviction or other criminal proceeding, was released on parole, and it punishes violating the conditions of that parole. The maximum confinement is 6 months.

History

Article 107a was added to the UCMJ by the Military Justice Act of 2016 (Pub. L. 114-328, § 5420), effective January 1, 2019. Before then, violation of parole was charged as an enumerated offense under Article 134.

Sources

• 10 U.S.C. § 907a (Article 107a, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 42
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C