, 35786-35787 [X15-40622]

Download as PDF 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. Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Presidential Documents 35787 (b) Contrabcmd. If items covered by subsection (a) of this mle are contraband, the disclosure required under this rule is a reasonable opportunity to inspect said contraband prior to the hearing. (c) Privilege. If items covered by subsection (a) of this rule are privileged, classified or otherwise protected tmder Section V of Part III, no disclosure of those items is required under this rule. However, counsel for the government may disclose privileged, classified, or otherwise protected information covered by subsection (a) of this mle if authorized by the holder of the privilege, or in the case of Mil. R. Evid. 505 or 506, if authorized by a competent authority. (d) Protective order ifprivileged information is disclosed. Ifthe government agrees to disclose to the accused information to which the protections afforded by Section V of Part III may apply, the convening authority, or other person designated by regulation of the Secretary concerned, may enter an appropriate protective order, in writing, to guard against the compromise of information disclosed to the accused. The terms of any such protective or~er may include prohibiting the disclosure of the information except as authorized by the authority issuing the protective order, as well as those terms specified by Mil. R. Evid. 505(g)(2)-(6) or 506(g)(2)-(5)." (k) R.C.M. 405 is amended to read as follows: "Rule 405. Preliminary hearing (a) In general. Except as provided in subsection (k) of this rule, no charge or specification m~y be referred to a general court-martial for trial until completion of a preliminary hearing in substantial compliance with this rule. A preliminary hearing conducted under this rule is not intended to serve as a means of discovery and will be limited to an examination of those issues necessary to determine whether there is probable cause to conclude 'that an offense or offenses VerDate Sep<11>2014 18:53 Jun 19, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\22JNE0.SGM 22JNE0 ED22JN15.027</GPH> tkelley on DSK3SPTVN1PROD with E0 have been committed and whether the accused committed it; to determine whether a court-

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[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Presidential Documents]
[Pages 35786-35787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X15-40622]


[GRAPHIC] [TIFF OMITTED] TD22JN15.026


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