CLASSIFICATION: UNCLASSIFIED// ROUTINE R 162001Z JAN 25 MID180001552659U FM SECNAV WASHINGTON DC TO ALNAV INFO SECNAV WASHINGTON DC CNO WASHINGTON DC CMC WASHINGTON DC BT UNCLAS
ALNAV 012/25
MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JAN//
SUBJ/UPDATED POLICY GOVERNING THE INITIAL REVIEW OF PRETRIAL CONFINEMENT//
REF/A/DOC/MCM/15SEP23// REF/B/DOC/JAGINST 5800.7G CH-2/01DEC23//
NARR/REF A IS THE MANUAL FOR COURTS-MARTIAL. REF B IS JAGINST 5800.7G CH-2 MANUAL OF THE JUDGE ADVOCATE GENERAL//
RMKS/1. This message updates the personnel authorized to act as initial review officers for the purposes of Rule for Courts-Martial (R.C.M.) 305(j)(2) of reference (a).
Effective immediately, the following policy applies:
a. Unless impracticable, the Chief Judge of the Navy and Marine Corps
Trial Judiciary, or their designee, will designate a military judge or
magistrate to act as the initial review officer for purposes of R.C.M.
305(j)(2). The military judge or magistrate determines the location of the
R.C.M. 305(j) review. Such assignment may be conducted via remote means at
the discretion of the designated military judge or magistrate. The military
judge or magistrate will consider input on operational impact, if any, from
the confinee's commanding officer prior to determining the status of the
hearing.
b. If designation of a military judge or magistrate is impracticable, a
General Court-Martial Convening Authority (GCMCA) will designate a judge
advocate, normally of the grade of O-4 or higher, qualified and certified
under Article 27b, Uniform Code of Military Justice (UCMJ), to act as the
initial review officer for purposes of R.C.M. 305(j)(2). For hearings
conducted on installations with a military confinement facility, the GCMCA
exercising jurisdiction over the confinement facility will assign the initial
review officers to specific cases. For hearings conducted on installations
without a military confinement facility, the GCMCA of the confinee's parent
command or regional commander (if applicable) will assign the initial review
officer.
c. The initial review officer must follow the procedures outlined in
R.C.M. 305(j)(2)(A), to include permitting the victim to be reasonably heard.
The initial review officer will forward a copy of the documents considered
and memorandum prepared under R.C.M. 305(j)(2)(D) in each case to the
confinee's brig file and to the commander that ordered the Service Member
into confinement.
d. The officers designated as initial review officers must be neutral
and detached judge advocates qualified and certified under Article 27b, UCMJ,
and selected for their maturity and experience. Service as a staff judge
advocate is not disqualifying as long as that officer is neutral and detached
from the chain of command of the officer ordering pretrial confinement.
Nothing in this rule prohibits the use of an initial review officer
designated by one GCMCA from reviewing the confinement of a Service Member of
another command or service.
I direct the Judge Advocate General of the Navy to update reference (b) to reflect this policy change. Until then, this ALNAV controls.
The Department of the Navy remains committed to the principle of keeping faith with all who serve.
Released by the Honorable Carlos Del Toro, Secretary of the Navy.//
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