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DOD/OS | RIN: 0790-AJ31 | Publication ID: Fall 2018 |
Title: Victim and Witness Assistance | |
Abstract:
This rule assists victims and witnesses of alleged crimes committed in violation of the Uniform Code of Military Justice (UCMJ), and discusses the rights of crime victims under the UCMJ which are more extensive than those of witnesses. It also describes notification and assistance available to victims and witnesses of crime from initial contact with the local responsible official, law enforcement officer, or criminal investigation officer through the investigation of the crime and the prosecution, acquittal or confinement, and release of the accused. The rights of victims are laid out in the rule. The Military Services are required to provide legal counsel, known as Special Victims' Counsel in the Army, Air Force, National Guard, and Coast Guard and Victims' Legal Counsel in the Navy and Marine Corps, to assist victims of alleged sex-related offenses under Articles 120, 120(a), 120(b), 120(c), and 125 of the UCMJ. The Military Services are also required to establish a special victim support and response capability comprised of specially trained criminal investigators, judge advocates, paralegals, and victim/witness assistance personnel to support victims of covered special victim offenses. Finally, it includes annual reporting requirements for assistance provided across the DoD to victims of and witnesses to sex-related crime, and legal assistance for sex-related crime victims.
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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: Other | |
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 and 1059 10 U.S.C. 1408 18 U.S.C. 1512 to 1514 Pub. L. 112-239, sec. 573 126 Stat. 1632 Pub. L. 113-291, sec. 533 128 Stat. 3292 |
Legal Deadline:
None |
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Timetable:
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Additional Information: DoD Instruction 1030.02, "Victim and Witness Assistance Procedures" (available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/103002p.pdf) | |
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 |