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DOD/OS RIN: 0790-AJ31 Publication ID: Fall 2016 
Title: Victim and Witness Assistance 
Abstract:

This rule finalizes policy, to assist victims and witnesses of crimes committed in violation the Uniform Code of Military Justice (UCMJ), and prescribes procedures for the rights of crime victims under the UCMJ. The rule also discusses notification of information and assistance available to victims and witnesses of crime from initial contact through investigation, prosecution, confinement, and release, 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.

This rule also provides timely notification of information and assistance available to victims and witnesses of crime from initial contact through investigation, prosecution, confinement, and release, annual reporting requirements on assistance provided across the DoD to victims and witnesses of 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/Victims’ Legal Counsel (SVC/VLC), to assist victims of alleged sex-related offenses under Articles 120, 120(a), 120(b), 120(c), and 125 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.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
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. 1044    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    Pub. L. 112-239, sec. 573    126 Stat. 1632    Pub. L. 113-291, sec. 533    128 Stat. 3292   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/22/2015  80 FR 29571   
NPRM Comment Period End  07/21/2015 
Final Action  05/00/2017 
Additional Information: DoD Instruction 1030.02, "Victim and Witness Assistance"
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 Reggie D. Yager
Department of Defense
Office of the Secretary
4000 Defense Pentagon, Room 2C548A,
Washington, DC 20301-4000
Phone:703 571-9301
Email: reggie.d.yager.mil@mail.mil