Page 264 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 9967

prohibited by law or public policy. Government representatives shall negotiate with defense
counsel unless the accused has waived the right to counsel.
(2) Formal submission. After negotiation, if any, under paragraph (1), if the accused elects
to propose a plea agreement, the defense shall submit a written otTer. All terms, conditions, and
promises between the parties shall be written. The proposed agreement shall be signed by the
accused and defense counsel, if any.
(3) Acceptance by the convening authority.
(A) In general. The convening authority may either accept or reject an offer of the
accused to enter into a plea agreement or may propose by counteroffer any terms or conditions
not prohibited by law or public policy. The decision whether to accept or reject an otTer is
within the sole discretion of the convening authority. When the convening authority has
accepted a plea agreement, the agreement shall be signed by the convening authority or by a
person, such as the staff judge advocate or trial counsel, who has been authorized by the
convening authority to sign.
(B) Victim consultation. Whenever practicable, prior to the convening authority accepting
a plea agreement the victim shall be provided an opportunity to submit views concerning the plea
agreement terms and conditions in accordance with regulations prescribed by the Secretary
concerned. The convening authority shall consider any such views provided prior to accepting a
plea agreement. For purposes of this rule, a "victim" is an individual who is alleged to have
suffered direct physical, emotional, or pecuniary harm as a result of the matters set forth in a
charge or specification under consideration and is named in one of the specifications under
consideration.
(4) Withdrawal.
(A) By accused. The accused may withdraw from a plea agreement at any time prior to
the sentence being announced. If the accused elects to withdraw from the plea agreement atler
the acceptance of the plea agreement but before the sentence is announced, the military judge
shall permit the accused to withdraw only for good cause shown. Additionally, the accused may
withdraw a plea of blllilty or a confessional stipulation entered pursuant to a plea agreement only
as provided in R.C.M. 910(h) or 8ll(d).
(B) By convening authority. The convening authority may withdraw from a plea
agreement at any time before substantial performance by the accused of promises contained in
the agreement, upon the failure by the accused to fultill any material promise or condition in
the agreement, when inquity by the military judge discloses a disagreement as to a material
tenn in the agreement, or if findings are set aside because a plea of guilty entered pursuant to
the agreement is held improvident on appellate review.
(f) Nondisclosure of existence ofa plea agreement. No court-martial member shall be infonned
of the existence of a plea agreement, except upon request of the accused or when the military
judge finds that disclosure of the existence of the plea agreement is manifestly necessary in the
interest of justice because of circumstances arising during the proceeding. In addition, except as
provided in Mil. R. Evid. 410, the fact that an accused offered to enter into a plea agreement,
and any statements made by an accused in connection therewith, whether during negotiations or
during a providence inquiry, shall not be otherwise disclosed to the members.

Rule 706. Inquiry into the mental capacity or mental responsibility of the accused
(a) Initial action. If it appears to any commander who considers the disposition of charges, or to
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any preliminary heating officer, trial counsel, defense counsel, military judge, or member that