UPDATED POLICY GOVERNING THE INITIAL REVIEW OF PRETRIAL CONFINEMENT

[Tony]

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).

2.  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.

4.  I direct the Judge Advocate General of the Navy to update reference (b) 
to reflect this policy change.  Until then, this ALNAV controls.

5.  The Department of the Navy remains committed to the principle of keeping 
faith with all who serve.

6.  Released by the Honorable Carlos Del Toro, Secretary of the Navy.//

BT
#0001
NNNN
CLASSIFICATION: UNCLASSIFIED//