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VWAP Best Practices and Q and A - hqmc.marines.mil

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VWAP Roles and Responsibilities
LtCol SchotemeyerHQMC, VWAP703 693 8955
Parties involved in the VWAP
Component Responsible Official (SJA to CMC)Local Responsible Official (Installation Commanders)Unit CommandersSJALSST OICLaw EnforcementRVWLOVWLOVWACTrial CounselLegal Assistance AttorneysService ProvidersConfinement CO/OIC
SJA to CMC
Coordinate, implement and manage the VWAPReceive complete VWAP reports and forward toSecNavDesignate a Functional Area Manager for FAC (092)
COMMCICOM, MFR, and Regional MCI Commanders
Ensure that the VWAP is properly implemented by installation CommandersAppoint a Regional VWLO to ensure compliance with VWAPReport data to HQMCwrtDD form 27XX
Installation Commanders
Ensure coordination between VWAP reps, law enforcement, legal service providers, medical facilities, corrections facilities, and Marine and Family programsEstablish a local Victim Witness Assistance Council
Unit Commanders
Appoint a VWAC in writingProtect victims to the extent possibleProvide annual training to their personnel
SJA
Advise the Commander on the VWAP
LSST OIC
Appoint a VWAC to the Victim Witness CouncilSupervise TCsEnsure CMS datawrtVWAP is entered correctly and completely
Law Enforcement
Appoint a VWAC to the Victim Witness CouncilProvide DD 2701 forms to victims and witnessesMaintain data on the number of victims and witnesses provided DD 2701sProvide a threat assessment as requiredNotify Command VWAC when investigation cases with an accused or victim that is the member of the command
RVWLO
Ensures training isavailableto all VWLOs and VWACsMaintains list of all VWLOs in regionChair semi-annual Regional VWLO MeetingEnsure data (2701-2704) collection for the regionAvailable to inspect VWLOs and VWACs as part of CGIP
VWLO
Ensures coordination among all officesMaintains list of all VWACsEnsures VWACs have relevant information, including VWAC roster and directory of local services/programsChairs VWAP CouncilEnsures victims are notified of all support, services and rights available and VWAC information.Assists Base CO in reporting requirements
VWLO
“Maintain a directory of military and civilian programs and services . . . within geographic area of the installation.”If necessary, assist in contacting the people responsible for providing victim and witness services and reliefVWLO – Maintains Base VWAP website
Trial Counsel
Once assigned to a case must:Identify victims and witnessesProvide DD 2702Ensure victims/witnesses are provided information about MJ process, including what to expect from the system, what the system expects from them, and the stages of the MJ processComply with notification requirementsComply with consultation requirement
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TC - Notification Requirements
When a victim has requested notification, must advised of:Pretrial confinement status of suspected offenderDate charges are preferred and / or referred and the nature of the chargesAcceptance of a pretrial agreementScheduling of court proceedingsFindings of a court-martialSentence adjudgedConvening authority’s action regarding findings and sentenceTC must notify all victims who have been scheduled to attend any MJ proceedings of scheduling changes that affect their appearance
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TC - Notification Requirements
When a witness has requested notification, must advise of:Acceptance of a pleaFindings of a court-martialSentence adjudgedConvening authority’s action regarding findings and sentenceTC must notify all witnesses who have been scheduled to attend any MJ proceedings of scheduling changes that affect their appearance
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TC - Consultation Requirement
Victims have a designated advisory role in decisions involving prosecutorial discretion such as plea bargainingTC shall ensure victims are aware of the right to act in this advisory capacityWhen a victim has elected to act in advisory capacity, TC shall ensure victim’s views regarding prosecution and plea negotiations are obtained and forwarded to convening authority
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TC - Other Assistance
Separate waiting roomProvide victims/witnesses with information concerning services such as transportation, parking, child care, lodging, translators and interpretersTake reasonable steps to inform employers that victim/witness is involved in court-martial (upon request)Contact creditor if victim/witness subject to serious financial strain caused by crime or cooperation in investigation / prosecutionSafeguard victim’s property held as evidence and return it as soon as possible
TC - Sentencing
Inform victims of the opportunity to present evidence to the court at sentencing, including statement concerning impact of the crime, such as financial, psychological and physical harm
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Legal Assistance Attorney
Advise on rights and benefits of the VWAPAdvise on different types of reportingAdvise on the nature of the military justice systemAdvise on the services available to victimsAdvise that there is no victim right to have legal assistance attorney representation or presence at a related criminal proceeding.
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Service Providers
Varies depending on the service provider
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Brig and PTC Facility CO/OIC
Appoint a VWAC to the Victim Witness Assistance CouncilManage victim and witness information in a central repositoryProvide notification with regards to prisoner status change pursuant to DD 2704 election
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VWAP Best Practices and Q and A - hqmc.marines.mil