confinement the credibil and viabil of the

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1 UNITED STATES MARINE CORPS tfiarine CORPS B;'~SE PSC BOX CJ:<.J.'V1P LEJEtJ'1.JE, NC 28542<J004 BO 16 CIG o " OF From: To: Officer Distribution List REVIElii OF PRETRIAL CONFINEMENT BY INITIAL REVIEW OFFICER Ref: (a) JAGINST S800.7D, SeC. 12 (JAGr"LZiN) ) R.C.M 305 ft MCM (200 Ed.) (c) SECNAVINST C Encl: (1) Notice To Accused Pretrial Confinement (2) Commanderfg 72 Hour Memorandum (3) Notice of 72~Hour Memorandum for ContlI:lW2G Pretrial Confinement (4 Pretrial Confinement Record ~~lp:jis~i~t~u~a~t~i;o;ni-" The Initial Review Officer (IRO) i role in and ts Ie also of accused. This Order sets forth YCLu~e~ines for smooth confinement process. The credibil and viabil of in this Order cannot be rn:a':~:tinh~ci zed: Cancellat BO Mission a. To Marine for review of re (c) 0 of grammati errors" No Base (MeB) f confinement as This order has been revised for been affeoted" Executlon is Intent and Sailors confined ensure that rial DISTRIBUTION STATEf"fENT A: distribut s unl ted. for ic ease;

2 BO F conf irlemelnt are re because less severe cf restraint are to ensure a detainee/s presence at trial or or or to future serious criminal misconduct. This is extended to members of or branches of service who are confined in eune b. Reference a) dir,'"r" Off tjicb eune i as zant authori Base to des one or more officers of 0-4 or above! to act as IRO. The IRO "Jill be neutral and detached, should be selected for ir maturi and and, if icable, should have command The IRO \;lill review neces for oontinued confinement of an accused confined in this Base's facil and alternate time to time be authorized to conduct or service upon Officer s will be made in accordance with concerned, from (3) It l of this Command r consistent with reference b) f that less severe forms of must be considered before confinement may be Pretrial confinement will not be unless believes upon cause; that is: upon reasonable that: ted; a) An offense triable court~martial has The detainee cammi ted and c Confinement is neces because it foreseeable that 11 appear at ion; er detainee 11 engage serious criminal rnisc:0l1d, and less severe ferras of restraint are : serious criminal sconduot includes s limited intimidation of witnesses or or obstruction ust serious ury of ors, or or offenses which a sericus threat to of or to 2

3 BO F effectiveness; morale; disc ine! readiness: or of command; to national of United States. ) (4) If confinement later determined to be unnecessary in circumstances, released. is initially valid but commander due to a will be 5) If decision of IRO is to release detainee: Officer of Base directed; in writ to affect release. reconfir:lernent shall not be directed as authorized c. Tasks ). (1) Chain of a) confinement, noti of his under reference} use of enclosure (I), \t>ihi \vill be detainee and to IRO. Within 7 hours to be as 3 of ition of confinement under control a neutral and detached official! may be detainee's officer), must review of cause to believe detainee has committed an offense suitable for trial at a or General Court Martial and of continued neoess for confinement. This cause review is met if The officer, 5(d f orders accused into conf inerttent; 20 The off eer, not order accused into confinement! s '"7 memoraudum, as Co hours of che ition of confinement; confinement! as, The IRO conduots,co confinement 0 2 hours (cj If it: is that continued ls red, off will 72 Hour Iv'lernorandum in accordance tvi th R 305 (

4 Reference BO F utiliz format in enclosure (2) and two This memorandum should be s commander! or in his absence; Hact commander, as ass in writ The commander must letter to IRO. The commander should c rationale which led to decis continued ieal and state conclusions that for confinement! in accordance with reference responsibi i commander confinement to ensure that this memorandum is deli'rerc>d offioe of IRO to commander at confinement, a addit If 72 Hour Memorandum is delivered same time he initial 72 Hour Memorandum need not be information may be to IRO. (e Failure to receive 72 Hour Memorandum may cause IRO to forward enclosure (3) or to direct! in writ release from confinement in accordance wi references. (2) IRO ( a) f upon cf 72 Hour Memorandum, IRO shall hold an informal to necess for continued rial confinement 0 (b) that IRO shall make s ion seven ion of and cause; thi time may be extended to Oth is that review, IRO; be made as soon as n'~~.rricable after rece of 72 Memorandum. Al notice viill be defense if one is ass or Results of 11 be Confinement Record, enclosure upon motion The IRO i fer conduct of on rial confinement to After referral of of tho confinement n court ief for accused. action to confinement be to

5 BO eune in suff ient time to ensure resident reat. IRO 5. The IRO for MCR eune is BuioLLLULj 27 t Post Lane" 6. a. Command (1) This Order ls utilize Base icable to all commands which (2) Concurrence. This Order has been with and concurred Generals, Force; ~Jfarine Instal tions East; 2d Marine Division; 2d Marine Aircraft ; u.s. Marine Forces, Command; Sd Marine sties ; and Officers, Marine Ai Stations Point and New River, and is icable to conducted IRO at Ivrarine Air Station, Officer, MCB eune. b. This Order is e fective direction DISTRIBUTION A CG, 2d ~~W; CO MCAS CP 5

6 The nature offense(s) for you ara be held in rial confinement is 2. You have may be used to remain silent, you in a trial courts~martial> statement you make 3. You have expense and you have counsel, to retain civilian counsel at your own right to request assignment of milil2ltv 4. The procedures by which your will be reviewed are as follows: confinement status a. Within 72 hours after you into rial contrnement. or after receipt of notification that have been confined, your Commanding Officer shall confinement will continue. If he/she cont rial confinement in your case! a written memorandum his reason(s) for this must be to Initial Review Officer, a neutral and detached officer. b. Within seven of your be in confinement; Initial Review Officer will determine of e cause to believe you committed an offense triable courts-martial and necess for continued confinement. At this review f you may be and civilian counsel at your ot-vn expense f or if you so ( you may have mil counsel ass for limited of you at s confinement review or, if you have a detailed mil counsell he may The Initial Review Officer may? cause, extend time ion of initial after t inement. ion of Off 11 <, h el%:her approve continued order your release. The tial Review Officer! upon based any not considered and after lce to you and mlvp1~nmf'nrl S counsel f wi 1 recons dec s to confine you, ENCLOSURE (1)

7 BO 1640,lOF Once are referred to trial court~martialf mil! upon motion you will review your conf 1. ",e!'fled C e. If you f you may waive your to be at your Pretrial Confinement If you invoke this your case will still be cons and a determination made Initial Review Off as to your release from or cont ion of confinement. 1. I have prooess by read this document and I understand my and which my pretrial confinement 11 be reviewed. I do/do not desire to be represented military/oivilian counsel. 3. I not desire to be at my Pretrial Confinement Note: Mili counsel s if accused waives at. Waiver of to does not remove obi ion of IRO to review confinement. Aocused s 4. I oerti acknow 1 "'rln.~ri above. Counsel s that accused was document and his of its contents s vlitness s ENCLOSURE

8 BO F 'S 72 HOUR MEMO~~DDt4 From: Officer, To: Initial Review Officer, Marine eune PRETRIAL CONFINEMENT Ref: ( BO 1640"lOE (b) R.C.M. 305, MOM (2008 Ed.) 1. In accordance with references, fol information is furnished in of my decision to continue confinement of: Name: SSN: Grade: Unit: Can: I Education: GT: cone Total service to date: years r months, Marital status; Number of children: DE~per,d,,,nts in local area: yin Off Additional Tc,nnRrion as The named detainee s a1 01 s): Dates; to have committed UCMJ Articles; etc. Basis upon which named detainee ls of committed above 0..1 offense 5) ~ DocumEnts, staternents r or etc. F,- review of named detainee f S record reflects th~ 01 se actions (include if In dec iod t I also oodsidlojce:d fol tets in extenuat and ion: ENCLOSURE {

9 BO O,lOF because~ It is my that a lesser form of is and continued confinement is necessary: a. To ensure presence of at trial Absence Past record of absence offenses. Present absence(s) commenced while was former administrat act Detainee broke restriction or lesser form of restraint. The nature and circumstances of offenses or including extenuating circumstances. Or (describe): rial and/or: b.,, 1 crlmlna>k To detainee from committing serious because: Detainee Past unstable character or mental of SeS or It is foreseeable detainee pose a committ violent acts. evaluation indicates to obstruct justice evidence. that al and ial acts threat to of or or to effect Vt'i"""'S t morale f dibc;lf,j.line; readiness I of Or (describe) 7, Additional comments: F, tvr LAST ENCLOSURE (2)

10 305[ BO THIS IvIEMORANDUl v l IS SUBJECT THE PRIVACY ACT NOTICE OF MISSING 72-HOLJR IvJEIvlORANDUM From: nitial Review Officer Of ficer, 72 HOUR ME1!"JORANDOI'1 FOR CO:NTINUED PRETRIAL CONFINElvJENT f CASE OF: Ref: (a) t<. 0 l'vlclvi (20 8 Ed.) ) BO E Subsections (h) ( ) of reference (a) delineates actions Officer upon confinement of an individual under lr command, 2. In case of (Name, SSN, Unit), can ned on (Date) dl (Time), records indicate that 2-hour Memorandum has not been re.::ce i v(:;d as red references. This lay s cons dered cause" (as defined in reference (a)) and zes proper and tious proces in this cas(? re and ensure 72 Hour Memorandum ~s received Ini ia Review Of ieer next 24 hours. this matter be directed to 97, or to Prisoners' Service leer, Base a or Dr soner SvcO, Base Briq ENCLCSJF<.E

11 BO 1640,10F THIS FOR!'1 IS SUBJECT TO THE PRIVACY ACT PRETRIAL CONFINEMENT HEARING RECORD From: To: Initial Review Off File I, Hearing HEARING RECORD IN THE CASE OF (G~~E NAME, L'NIT) { AT (TIl\1E) ON (DATE) a, I do/do not desire to be confinement accused waives Note: Counsel s right to be present at at my Signature of accused/date 2. Procedure S of counsel Prior to commencement of vias to Article 31, UCMJ. Prior to commencement of detainee was of to eet ect i d. counsel The NOT des to be civilian counsel. The detainee NOT have eounes e"iejlll f name counsel: The fol was considered: ( ) Information on 72 Hour M:emorandum (2) Detainee'S 3 ) Statement of (substance : 3» Decision a exist, -martial uri lon BEEN Probable cause to believe offense(s) tted and that eet detainee committed same ENCLOSURE (4)

12 EO 1640,10F c, release s Continued rial confinement is not forthwith. and OR d, A lesser form or restraint is considered and continued rial confinement is because: (1) To ensure presence of detainee at trial F~Sence was terminated Past record of absence 0 Present absences commenced while pending former administrative/legal action, was Detainee broke restriction of lesser form of restraint. The nature and circumstances of offenses or inc,lu,u,cng extenuat circumstances 0 Or: (2 ) To detainee from committ serious criminal misconduct because: acts, cated Detainee has record of committ violent Past cal evaluation table character or mental condit Detainee has witnesses tried to obstruct justice vlith evldence 0 act of or I is foreseeable that a1 and detainee pose a or to effect threat to sa morale! of corrrrucind or: readiness; ENCLOSURE

13 BO F It is foreseeable that all acts of detainee pose a serious threat to national of United States. and D,)u~IJ.Lial Or: Initial Review Officer Requested by detainee or ccunsel because cf new evidence. a. Rehearing granted/denied because of no new evidence/charges referred to trial ( by mil j b. Information cons. Detaineefs counsell if any, notified of all information considered and to rebut. d. Decision Initial Review Off date Off Officer, Base Detainee File { 3 ENCLOS1JRE (