Page 334 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10037

this duty, follow the procedures set forth in these rules.
(C) Decision. The officer conducting the preliminary review shall determine whether
there is probable cause to believe that the probationer violated the conditions of the
probationer's suspension. If the officer conducting the preliminary review determines that
probable cause is lacking, the officer shall issue a written order directing that the probationer be
released from confinement. If the officer determines that there is probable cause to believe that
the probationer violated a condition of suspension, the officer shall set forth this determination
in a written memorandum that details therein the evidence relied upon and reasons for making
the decision. The officer shall forward the original memorandum or release order to the
probationer's commander and forward a copy to the probationer and the officer in charge of the
confinement facility.
(d) Vacation proceedings.
(1) Jn genera{ The purpose of the vacation hearing is to determine whether there is probable
cause to believe that the probationer violated a condition of the probationer's suspension.
(A) Sentence (?(general courts-martial and certain .~pecial courts-martial. In the case of
vacation proceedings for a suspended sentence of any general court-martial or a suspended
sentence of a special court-martial that adjudged either a bad-conduct discharge or confinement
for more than six months, the officer having special court-martial jurisdiction over the
probationer shall either personally hold the hearing or detail a judge advocate to preside at the
hearing. If there is no officer having special court-martial jurisdiction over the probationer who
is subordinate to the officer having general court-martial jurisdiction over the probationer, the
otlicer exercising general court-martial jurisdiction over the probationer shall either personally
hold a hearing under this subsection or detail a judge advocate to conduct the hearing.
(B) Special court-martial wherein a bad-conduct discharge or confinementfor more than
six months was not adjudged In the case of vacation proceedings for a sentence from a special
court-martial that did not include a bad-conduct discharge or confinement for more than six
months, the ot1icer having special court-martial jurisdiction over the probationer shall either
personally hold the hearing or detail a judge advocate to conduct the hearing.
(C) Sentence of summary court-martial. In the case of vacation proceedings for a
suspended sentence of a summary court-martial, the officer having summary court-martial
jurisdiction over the probationer shall either personally hold the hearing or detail a
commissioned otlicer to conduct the heating.
(2) Notice to probationer. Before the hearing, the officer conducting the hearing shall cause
the probationer to be notified in writing of:
(A) The time, place, and purpose of the hearing;
(B) The right to be present at the hearing;
(C) The alleged violation(s) of the conditions of suspension and the evidence expected to
be relied on;
(D) The right to be represented at the hearing by civilian counsel provided by the
probationer or, upon request, by military counsel detailed for this purpose; and
(E) The opportunity to be heard, to present witnesses who are reasonably available and
other evidence, and the right to confront and cross-examine adverse witnesses unless the officer
conducting the preliminary review detem1ines that this would subject these witnesses to risk or
harm.
(3) Procedure.
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