, 35785-35786 [X15-30622]

Download as PDF 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." 35786 Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents (h) R.C.M. 305(n) is inserted immediately after R.C.M. 305(m)(2) and reads as follows: "(n) Notice to victim of escaped prisoner. A victim of an alleged offense committed by the prisoner for which the prisoner has been placed in pretrial confinement has the right to reasonable, accurate, and timely notice of the escape of the prisoner, unless sue~ notice may endanger the safety of any person." (i) R.C.M. 404(e) is amended to read as follows: "(e) Unless otherwise prescribed by the Secretary concerned, direct a preliminary hearing under R.C.M. 405, and, if appropriate, forward the report of preliminary hearing with the charges to a superior commander for disposition." U) A new rule, R.C.M. 404A, is inserted immediately after R.C.M. 404(e) and reads as follows: "Rule 404A. Disclosure of matters following direction of preliminary hearing (a) Vlhen a convening authority directs a preliminary hearing under R.C.M. 405, counsel for the government shall, subject to subsections (b) through (d) of this rule, within 5 days of issuance of the Article 32 appointing order, provide to the defense the following information or matters: ( 1) Charge sheet; (2) Article 32 appointing order; (3) Documents accompanying the charge sheet on which the preferral decision was based; (4) Documents provided to the convening authority when deciding to direct the preliminary hearing; (5) Documents the counsel for the government intends to present at the preliminary hearing; and (6) Access to tangible objects counsel for the government intends to present at the preliminary VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.026</GPH> tkelley on DSK3SPTVN1PROD with E0 hearing.

Agencies

[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35785-35786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-30622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.025


[[Page 35786]]