, 35784-35785 [X15-20622]

Download as PDF 35784 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents ANNEX Section 1. Part II of the rvianual for Courts-Martial, United States, is amended as follows: (a) R.C.M. 20 l( f)( l) is amended to insert the following after "Types of courts-martial" and before "( 1) General courts-martial": "[Note: R.C.M. 20l(f)(1)(D) and (f)(2)(D) apply to offenses committed on or after 24 June 2014.]" (b) R.C.M. 201(f)(l)(D) is inserted immediately after R.C.M. 20l(f)(l)(C) and reads as follows: "(D) Jurisdiction for Certain Sexual Offenses. Only a general court-martial has jurisdiction to try offenses under Article 120(a), 120(b), 120b(a), and l20b(b), forcible sodomy under Article 125, and attempts thereofunder Article 80." (c) R.C.M. 20l(f)(2)(D) is inserted immediately after R.C.M. 201(f)(2)(C)(iii) and reads as follows: "(D) Certain Offenses under Articles 120, I20b, and 125. Notwithstanding subsection (f)(2)(A), special courts-martial do not have jurisdiction over offenses under Articles 120(a), l20(b), 120b(a), and l20b(b), forcible sodomy under Article 125, and attempts thereof under Article 80. Such offenses shall hot be referred to a special court-martial." (d) R.C.M. 305(i)(2)(A)(i) is amended to read as follows: "(i) Matters considered. The review imder this subsection shall include a review of the memorandum submitted by the prisoner's commander under subsection (h)(2)(C) of this rule. Additional written matters may be considered, including any submitted by the prisoner. The prisoner and the prisoner's counsel, if any, shall be allowed to appear before the 7-day reviewing officer and make a statement, if practicable. A representative of the command may also appear VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.024</GPH> tkelley on DSK3SPTVN1PROD with E0 before the reviewing officer to make a statement." Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35785 (e) R.C.M. 305(i)(2)(A)(iv) is inserted immediately after R.C.M. 305(i)(2)(A)(iii) and reads as follows: "(iv) Victim's right to be reasonably heard. A victim of an alleged offense committed by the prisoner has the right to reasonable, accurate, and timely notice of the 7-day review; the right to confer with the representative of the command and counsel for the government, if any, and the right to be reasonably heard during the review. However, the hearing may not be unduly delayed for this purpose. The right to be heard under this rule includes the right to be heard through counsel. The victim of an alleged offense shall be notified of these rights in accordance with regulations of the Secretary concerned." (f) R.C.M. 305(i)(2)(C) is amended to read as follows: "(C) Action by 7-day reviewing officer. Upon completion of review, the reviewing officer shall approve continued confinement or order immediate release. If the reviewing officer orders immediate release, a victim of ail alleged offense committed by the prisoner has the right to reasonable, accurate, and timely notice of the release, unless such notice may endanger the safety of any person." (g) R.C.M. 305(i)(2)(D) is amended to read as follows: "(D) Memorandum. The 7-day reviewing officer's conclusions, including the factual findings on which they are based, shall be set forth in a written memorandum. The memorandum shall also state whether the victim was notified of the review, was given the opportunity to confer with the representative of the command or counsel for the government, and was given a reasonable opportunity to be heard. A copy of the memorandum and all documents considered by the 7-day reviewing officer shall be maintained in accordance with regulations prescribed by the Secretary VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.025</GPH> tkelley on DSK3SPTVN1PROD with E0 concerned and provided to the accused or the Government on request."

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35784-35785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-20622]



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