15 May 2006
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[Federal Register: May 15, 2006 (Volume 71, Number 93)]
[Rules and Regulations]
[Page 27961-27962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my06-5]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 635
RIN 0702-AA52-U
Law Enforcement Reporting
AGENCY: Department of the Army, DoD.
ACTION: Final rule.
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SUMMARY: The Department of the Army is publishing our rule concerning
law enforcement reporting, to implement portions of Section 577(b)(5)
of the Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005, October 28, 2004, Public Law 108-375, pertaining to
reporting of sexual assaults. This rule also implements Department of
Defense policy concerning sexual assault.
DATES: Effective Date: June 14, 2006.
ADDRESSES: Headquarters, Department of the Army, Office of the Provost
Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon, Washington, DC
20310-2800.
FOR FURTHER INFORMATION CONTACT: James Crumley, (703) 692-6721.
SUPPLEMENTARY INFORMATION:
A. Background
In the December 9, 2005 issue of the Federal Register (70 FR 73181)
the Department of the Army published a proposed rule, amending 32 CFR
part 635. This final rule amends 32 CFR part 635 to implement portions
of Section 577(b)(5) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005, October 28, 2004, Public Law
108-375, pertaining to reporting of sexual assaults. This revision also
implements Department of Defense policy concerning sexual assault. The
Department of the Army received no responses to the proposed rule.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the rule does not have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.
C. Unfunded Mandates Reform Act
The Department of the Army has determined that the Unfunded
Mandates Reform Act does not apply because the rule does not include a
mandate that may result in estimated costs to State, local or tribal
governments in the aggregate, or the private sector, of $100 million or
more.
D. National Environmental Policy Act
The Department of the Army has determined that the National
Environmental Policy Act does not apply because the rule does not have
an adverse impact on the environment.
E. Paperwork Reduction Act
The Department of the Army has determined that the Paperwork
Reduction Act does not apply because the rule does not involve
collection of information from the public.
F. Executive Order 12630 (Government Actions and Interference With
Constitutionally Protected Property Rights)
The Department of the Army has determined that Executive Order
12630 does not apply because the rule does not impair private property
rights.
G. Executive Order 12866 (Regulatory Planning and Review)
The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 this rule is not a
significant regulatory action. As such, the rule is not subject to
Office of Management and Budget review under section 6(a)(3) of the
Executive Order.
H. Executive Order 13045 (Protection of Children From Environmental
Health Risk and Safety Risks)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13045 this rule does not apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13132 this rule does not apply
because it will not have a substantial effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
Mark Darden,
Chief, Law Enforcement Policy Branch.
List of Subjects in 32 CFR Part 635
Crime, Law, Law enforcement, Law enforcement officers, Military
law.
0
For reasons stated in the preamble the Department of the Army amends 32
CFR part 635 to read as follows:
PART 635--LAW ENFORCEMENT REPORTING
0
1. The authority citation for part 635 continues to read as follows:
Authority: 28 U.S.C. 534 note, 42 U.S.C. 10601, 18 U.S.C. 922,
42 U.S.C. 14071, 10 U.S.C. 1562, 10 U.S.C. Chap. 47, Pub. L. 108-
375.
Sec. Sec. 635.33 through 635.36 [Redesignated as Sec. Sec. 635.34
through 635.37]
0
2. Redesignate Sec. Sec. 625.33 through 635.36 as Sec. Sec. 635.34
through 635.37, respectively.
Sec. Sec. 635.31 and 635.32 [Redesignated as Sec. Sec. 635.32 and
635.33]
0
3. Redesignate Sec. Sec. 635.31 and 635.32 as Sec. Sec. 635.32 and
635.33, respectively.
0
4. A new Sec. 635.31 is added to Subpart D to read as follows:
Sec. 635.31 Procedures for Restricted/Unrestricted Reporting in
Sexual Assault Cases.
Active duty Soldiers, and Army National Guard and U.S. Army Reserve
Soldiers who are subject to military jurisdiction under the UCMJ, can
elect either restricted or unrestricted reporting if they are the
victim of a sexual assault.
(a) Unrestricted Reporting. Unrestricted reporting requires normal
law enforcement reporting and investigative procedures.
(b) Restricted reporting requires that law enforcement and criminal
investigative organizations not be informed of a victim's identity and
not initiate investigative procedures. The victim may allow Sexual
Assault Response Coordinators (SARC), health care providers (HCP), or
chaplains to collect specific items (clothing, bedding, etc.) that may
be later used as evidence, should the victim later decide to report the
incident to law enforcement. In sexual assault cases additional
forensic evidence may be collected using the ``Sexual Assault Evidence
Collection Kit,'' NSN 6640-01-423-9132, or a suitable substitute
(hereafter, ``evidence kit''). The evidence kit, other items such as
clothing or bedding sheets, and any other articles provided by the HCP,
SARC, or chaplain will be stored in the installation provost marshal's
evidence room separate from other evidence and property. Procedures for
handling evidence specified in AR 195-5, Evidence Procedures, will be
strictly followed.
(c) Installation Provost Marshals will complete an information
report in COPS
[[Page 27962]]
for restricted reporting. Reports will be completed utilizing the
offense code from the 6Z series. An entry will be made in the journal
when the evidence kit or property (clothing, bedding, etc.) is
received. The journal entry will be listed using non-identifying
information, such as an anonymous identifier. An entry will not be made
in the blotter. Restricted reporting incidents are not reportable as
Serious Incident Reports. Property and the evidence kit will be stored
for one year and then scheduled/suspensed for destruction, unless
earlier released to investigative authorities in accordance with the
victim's decision to pursue unrestricted reporting. Thirty days prior
to destruction of the property, a letter will be sent to the SARC by
the Provost Marshal, advising the SARC that the property will be
destroyed in thirty days, unless law enforcement personnel are notified
by the SARC that the victim has elected unrestricted reporting.
Clothing, the evidence kit, or other personal effects may be released
to the SARC for return to the victim. The information report will be
updated when the evidence is destroyed, or released to investigative
authorities.
(d) In the event that information about a sexual assault that was
made under restricted reporting is disclosed to the commander from a
source independent of the restricted reporting avenues or to law
enforcement from other sources, but from a source other than the SARC,
HCP, chaplain, or Provost Marshal, the commander may report the matter
to law enforcement and law enforcement remains authorized to initiate
its own independent investigation of the matter presented.
Additionally, a victim's disclosure of his/her sexual assault to
persons outside the protective sphere of the persons covered by the
restricted reporting policy may result in an investigation of the
allegations.
[FR Doc. 06-4511 Filed 5-12-06; 8:45 am]
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