Posted by: faithful | June 4, 2008

dod directive: victim rights

Department of Defense

DIRECTIVE

NUMBER 1030.1

April 13, 2004

USD(P&R)

SUBJECT:  Victim and Witness Assistance

References:  (a)  DoD Directive 1030.1, Victim and Witness
Assistance, November 23, 1994 (hereby canceled)

(b)  Chapter 47 of title 10, United States Code, “Uniform
Code of Military Justice”

(c)  Sections 10606 and 10607 of title 42, United States
Code

(d)  Sections 1512-1514 of title 18, United States Code

(e)  DoD Instruction 1030.2, “Victim and Witness Assistance
Procedures,” December 23, 1994

1.  REISSUANCE AND PURPOSE

This Directive:

1.1.  Reissues reference (a) to update Department of
Defense (DoD) policies and responsibilities for providing
assistance to victims and witnesses of crimes committed
in violation of reference (b).

1.2.  Implements references (c) and (d) by providing
guidance for assisting victims and witnesses of crime
from initial contact through investigation, prosecution,
and confinement.

2.  APPLICABILITY

This Directive applies to the Office of the Secretary
of Defense, the Military Departments, the Chairman of
the Joint Chiefs of Staff, the Combatant Commands, the
Office of Inspector General of the DoD (IG, DoD), the
Defense Agencies, the DoD Field Activities, and all
other organizational entities in the Department of Defense
(hereafter referred to collectively as “the DoD Components”).
  The term “Military Services,” as used herein, refers
to the Army, the Navy, the Air Force, and the Marine
Corps.

3.  DEFINITIONS

Terms used in this Directive are defined in enclosure
1.

4.  POLICY

It is DoD policy that:

4.1.  The necessary role of crime victims and witnesses
in the criminal justice process should be protected.

4.2.  The DoD Components shall do all that is possible
within limits of available resources to assist victims
and witnesses of crime, in accordance with the requirements
listed in DoD Instruction 1030.2 (reference (e)) without
infringing on the constitutional rights of an accused.
  Particular attention should be paid to victims of
serious, violent crime, including child abuse, domestic
violence, and sexual misconduct.

4.3.  This Directive is not intended to, and does not,
create any entitlement, cause of action, or defense
in favor of any person arising out of the failure to
accord to a victim or a witness the assistance outlined
in this Directive.   No limitations are hereby placed
on the lawful prerogatives of the Department of Defense
or its officials.

4.4.  Law enforcement and legal personnel directly engaged
in the detection, investigation, or prosecution of crimes,
shall ensure that victims are accorded their rights.
  As provided for in references (c) and (d), a crime
victim has the right to:

4.4.1.  Be treated with fairness and respect for the
victim’s dignity and privacy.

4.4.2.  Be reasonably protected from the accused offender.

4.4.3.  Be notified of court proceedings.

4.4.4.  Be present at all public court proceedings related
to the offense, unless the court determines that testimony
by the victim would be materially affected if the victim
heard other testimony at trial.

4.4.5.  Confer with the attorney for the Government
in the case.

4.4.6.  Receive available restitution.

4.4.7.  Be provided information about the conviction,
sentencing, imprisonment, and release of the offender.

4.5.  Court-martial convening authorities and clemency
and parole boards shall consider making restitution
to the victim a condition of pretrial agreements, sentence
reduction, clemency, and parole.   They may consider
victim statements on the impact of crime.

5.  RESPONSIBILITIES

5.1.  The Under Secretary of Defense for Personnel and
Readiness (USD(P&R)) shall:

5.1.1.  Develop overall policy for victim and witness
assistance and monitor compliance with this Directive
and reference (e).

5.1.2.  Approve procedures developed by the Secretaries
of the Military Departments that implement this Directive
and are consistent with reference (e).

5.1.3.  Maintain a Victim and Witness Assistance Council
to provide a forum for the exchange of information and
the consideration of victim and witness policies, and
provide a liaison with the Department of Justice Office
for Victims of Crime.

5.1.4.  Ensure the Defense Manpower Data Center assists
in formulating a data collection mechanism to track
and report victim notifications from initial contact
through investigation, prosecution, confinement, and
release.

5.1.5.  Change, reissue, or amend reference (e), as
required.

5.2.  The IG, DoD shall oversee the development of investigative
policy and perform appropriate oversight reviews of
the management of the victim and witness assistance
program by the DoD criminal investigative organizations.
  This is not intended to substitute for the routine
managerial oversight of the program provided by the
DoD criminal investigative organizations, the USD(P&R),
the Heads of the DoD Components, the Component responsible
officials, or the local responsible officials.

5.3.  The Secretaries of the Military Departments and
the Heads of the Other DoD Components shall:

5.3.1.  Ensure compliance with this Directive and establish
policies and procedures to implement this program within
their Component.

5.3.2.  Designate the “Component Responsible Official,”
as defined in item E 1.1.2. of enclosure 1.

5.3.3.  Maintain a central repository, as defined in
item E1.1.1. of enclosure 1, for each Military Service,
to ensure that victims shall be notified of changes
in a confinee’s status.

5.3.4.  Ensure that a multi-disciplinary approach is
followed by victim and witness service providers, including
law enforcement personnel, criminal investigators, chaplains,
family advocacy personnel, emergency room personnel,
family service center personnel, judge advocates, unit
commanding officers, corrections personnel, and other
persons designated by the Secretaries of the Military
Departments; and ensure that those providers receive
training to assist them in complying with this Directive.

5.3.5.  Establish procedures to ensure that local installation
responsible officials provide victim and witness services
as required in reference (e) at the installation level
through coordination with the representatives identified
in paragraph 5.3.4., above.

5.3.6.  Establish oversight procedures to ensure establishment
of an integrated support system capable of providing
the services outlined in reference (e).   Such oversight
could include coverage by Military Service or organizational
Inspectors General, staff assistance visits, surveys,
and status reports.

5.3.7.  Report annually to the OUSD(P&R) in the format
prescribed in reference (e) for the preceding calendar
year.

6.  INFORMATION REQUIREMENTS

The annual reporting requirements in paragraph 5.3.7.,
above, have been assigned Report Control Symbol DD-P&R(A)1952.

7.  EFFECTIVE DATE

This Directive is effective immediately.

Enclosures – 1

E1.  Definitions

E1.  ENCLOSURE 1

DEFINITIONS

E1.1.1.  Central Repository.   A headquarters office,
designated by Service regulation, to serve as a clearinghouse
of information on a confinee’s status and to collect
and report data on the delivery of victim and witness
assistance, including notification of confinee status
changes.

E1.1.2.  Component Responsible Official.   Person designated
by the Head of each DoD Component to be primarily responsible
in the Component for coordinating, implementing, and
managing the victim and witness assistance program established
by this Directive.

E1.1.3.  Confinement Facility Victim Witness Assistance
Coordinator.   A staff member at a military confinement
facility who is responsible for notifying victims and
witnesses of changes in a confinee’s status and reporting
those notifications to the central repository.

E1.1.4.  Local Responsible Official.   Person designated
by the Component Responsible Official who has primary
responsibility for identifying victims and witnesses
of crime and for coordinating the delivery of services
described in this Directive through a multi-disciplinary
approach.   The position or billet of the local responsible
official shall be designated in writing by Service regulation.
  The local responsible official may delegate responsibilities
under this Directive as provided in reference (e).

E1.1.5.  Victim.   A person who has suffered direct
physical, emotional, or pecuniary harm as a result of
the commission of a crime committed in violation of
the Uniform Code of Military Justice) (Chapter 47 of
10 U.S.C., reference (b) or in violation of the law
of another jurisdiction if any portion of the investigation
is conducted primarily by the DoD Components).   Such
individuals shall include, but are not limited to, the
following:

E1.1.5.1.  Military members and their family members.

E1.1.5.2.  When stationed outside the continental United
States, DoD civilian employees and contractors, and
their family members.   This applies to services not
available to DoD civilian employees and contractors,
and their family members, in stateside locations, such
as medical care in military medical facilities.

E1.1.5.3.  When a victim is under 18 years of age, incompetent,
incapacitated, or deceased, the term includes one of
the following (in order of precedence): a spouse, legal
guardian, parent, child, sibling, another family member,
or another person designated by the court or the Component
responsible official, or designee.

E1.1.5.4.  For a victim that is an institutional entity,
an authorized representative of the entity.   Federal
Departments and State and local agencies, as entities,
are not eligible for services available to individual
victims.

E1.1.6.  Witness.   A person who has information or
evidence about a criminal offense within the investigative
jurisdiction of a DoD Component and who provides that
knowledge to a DoD Component.   When the witness is
a minor, that term includes a family member or legal
guardian.   The term does not include a defense witness
or an individual involved in the crime as a perpetrator
or accomplice.

  Role of the Victim Advocate (Updated October 2004)   
A.33.1 When DoD victim advocates are available the following actions will occur in support of domestic abuse victims:

a. Ensure the availability of 24-hour victim advocacy services either through personal or telephonic contact. The most effective victim advocate services are provided through face-to-face contact. Telephonic contact should be utilized only if face-to-face contact is not possible. The victim advocate will liaison with the 1-800 family support number (AF One Source) at those installations where this service is available.

b. Ensure that the victim understands that talking to the victim advocate is voluntary.

c. Inform the victim of the Military Service policy concerning confidentiality.

d. Ascertain the victim’s immediate needs.

e. Encourage the victim to seek medical consultation/examination.

f. Seek immediate supervision when there is imminent danger of life-threatening physical harm to the victim or another for facilitation of further assessment and on-going safety planning. Law enforcement shall be notified if there is a threat of imminent danger of life-threatening physical harm.

g. Discuss an initial safety plan and, with the active participation of the victim, develop a safety plan.

h. Ensure victims are aware of the legal actions available to promote their safety.

i. Offer victims information, as appropriate, regarding local resources for immediate safety and long-term protection and support, workplace safety, housing, childcare, legal services, clinical resources, medical services, chaplain resources, transitional compensation, and other civilian support services.

j. Facilitate victim contact with military and civilian resources, as appropriate.

k. Offer shelter services to the victim consistent with availability of such services.


A.33.2 Ongoing Assistance. The domestic abuse victim advocate shall:

a. Collaborate with the Family Advocacy Program (FAP), law enforcement, and the unit commander to assure that individual safety plans are coordinated.

b. Initiate follow-up contact with the victim, as appropriate.

c. Assist the victim to complete a safety plan and review it periodically with the victim.

d. Support the victim in decision-making by providing relevant information and discussing available options.

e. Assist the victim with prioritizing actions and establishing short and long-term goals.

f. Support the victim to advocate on her or his own behalf.

g. Provide comprehensive information and referral on military and civilian resources.

h. Assist the victim in gaining access to service providers and other support resources.

i. Assist the victim in contacting appropriate legal offices for the provision of personal legal advice specific to the victim’s circumstances or case. The victim advocate shall not provide legal advice, but can provide general information on the civil or criminal legal process. The victim advocate shall consult and work with the victim liaison officer assigned when the criminal investigation and prosecution involves proceedings subject to the Uniform Code of Military Justice.

j. Assist the victim in contacting appropriate offices for legal advocacy assistance or court services, including the filing for civilian protective orders and requests that commanders issue military protective orders.

k. Advise victims of FAP clinical resources based on the eligibility of the victim.

l.  Advise victims of the impact of domestic violence on children and offer referral for the assessment of physical and mental health of children involved.

m. Accompany the victim to appointments and court proceedings, as appropriate and when requested by the victim.

n. Assist the victim by working with the assigned victim liaison officer.

o. In partnership with military and civilian service providers, victim advocates also promote a coordinated community response to the prevention of and intervention for domestic abuse.

p. Provide a Victim Impact Statement (VIS) to the alleged/victim offender’s commander.

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