---
kind: "section"
citation: "10 U.S.C. § 858"
title: "10"
title_heading: "Armed Forces"
number: "858"
heading: "Art. 58. Execution of confinement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/858"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47 — Uniform Code of Military Justice"
  - "Subchapter VIII — Sentences"
---

# §858. Art. 58. Execution of confinement

- (a) Under such instructions as the [Secretary concerned](/usc/10/2801.md?p=c-5) may prescribe, a sentence of confinement adjudged by a court-martial or other [military](/usc/10/801.md?p=8) tribunal, whether or not the sentence [includes](/usc/10/101.md?p=g-4) 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](/usc/10/101.md?p=a-4) or in any penal or correctional institution under the control of the [United States](/usc/10/101.md?p=a-1), or which the [United States](/usc/10/101.md?p=a-1) may be allowed to use. [Persons](/usc/10/2700.md?p=2) so confined in a penal or correctional institution not under the control of one of the [armed forces](/usc/10/101.md?p=a-4) are subject to the same discipline and treatment as [persons](/usc/10/2700.md?p=2) confined or committed by the courts of the [United States](/usc/10/101.md?p=a-1) or of the [State](/usc/10/4951.md?p=4), 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.

## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 57; Pub. L. 109–163, div. A, title X, § 1057(a)(3), Jan. 6, 2006, 119 Stat. 3440.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 858(a)<br>858(b) | 50:639(a).<br>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,”.