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DOD/OS | RIN: 0790-AJ31 | Publication ID: Spring 2015 |
Title: Victim and Witness Assistance | |
Abstract:
This rule establishes policy, assigns responsibilities, and prescribes procedures to assist victims and witnesses of crimes committed in violation the Uniform Code of Military Justice (UCMJ). It also updates established policy, assigns responsibilities, and prescribes procedures for the rights of crime victims under the UCMJ and required mechanisms for enforcement, in accordance with DoD standards for victim witness assistance services in the military community. The rule also provides timely notification of information and assistance available to victims of and witnesses to crime, from initial contact through investigation, prosecution, and confinement; annual reporting requirements on assistance provided across the DoD to victims of and witnesses to crime; and legal assistance for crime victims entitled to such services. The Military Services are required to provide legal counsel, known as Special Victims' Counsel, to assist victims of alleged sex-related offenses under Articles 120, 120a, 120b, and 120c of the UCMJ, who are eligible for legal assistance. The Military Services are also required to establish a special victim capability comprised of specially trained criminal investigators, judge advocates, paralegals, and victim witness assistance personnel to support victims of covered special victim offenses. To de-conflict with Special Victims' Counsel programs, this distinct group of recognizable professionals will be referred to, at the DoD level, as the Special Victim Investigation and Prosecution (SVIP) capability. |
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Agency: Department of Defense(DOD) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 32 CFR 114 | |
Legal Authority: 10 U.S.C. ch 47 10 U.S.C. 113 10 U.S.C. 1034 10 U.S.C. 1058 10 U.S.C. 1059 10 U.S.C. 1408 18 U.S.C. 1512 18 U.S.C. 1513 18 U.S.C. 1514 |
Legal Deadline:
None |
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Timetable:
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Additional Information: DoD Instruction 1030.02 | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: LTCOL Ryan Oakley Deputy Director, Office of Legal Policy, OUSD(P&R) Department of Defense Office of the Secretary 4000 Defense Pentagon, Room 2C548A, Arlington, VA 20301-4000 Phone:703 571-0835 Email: ryan.d.oakley.mil@mail.mil |