Compensation & Restitution

March 13, 2015 - Public Meeting

Restitution & Compensation Comparison Chart
Responses to Request for Information, Questions 53 thru 60National Crime Victim Law Institute, Victim Law Bulletin, Fundamentals of Victims' Rights: A Victim's Right to Restitution, dated November, 201152 Naval Law Review 1, Making The Accused Pay For His Crime: A Proposal To Add Restitution As An Authorized Punishment Under Rule for Courts-Martial 1003(B), Lieutenant Colonel David M. Jones, US Marine Corps, dated 2005100 Iowa Law Review 93, What Is Criminal Restitution?, Cortney E. Lollar, dated November, 201418 United States Code Annotated §3663A, Mandatory Restitution To Victims of Certain Crimes, dated October 5, 201218 United States Code Annotated §3664, Procedure for Issuance and Enforcement of Order of Restitution, dated November 2, 2002 United States v. Williams, U.S. Court of Appeals for the Armed Forces, decided December 10, 2004United States v. DeLagarza, U.S. Army Court of Criminal Appeals, decided August 23, 2010Article 57a, Uniform Code of Military Justice, Deferment of Sentences, effective February 10, 1996Article 58b, Uniform Code of Military Justice, Sentences: Forfeiture of Pay and Allowances During Confinement, effective November 18, 1997National Association of Crime Victim Compensation Boards, Compensation for Crime VictimsOffice for Victims of Crime, Crime Victims Fund - SummaryOffice for Victims of Crime, Crime Victims Fund - Chart19 Duke Journal of Gender Law & Policy 223, Looking a Gift Horse In The Mouth--The Underutilization of Crime Victim Compensation Funds by Domestic Violence Victims, Njeri Mathis Rutledge, dated Fall, 201479 Tulane Law Review 167, Crime Victim Compensation in a Post 9/11 World, Julie Goldscheid, dated November, 2004California Assembly Bill Number 2545, Victims of Crime: Restitution: Military Sexual Assault, dated 2013-201410 United States Code Annotated §1059, Dependents of Members Separated for Dependent Abuse: Transitional Compensation; Commissary and Exchange Benefits, effective January 2, 2013Department of Defense Instruction 1342.24, Transitional Compensation for Abused Dependents, dated May 23, 1995Article 139, Uniform Code of Military Justice, Redress of Injuries to PropertyArmy Regulation 27-20, Chapter 9 - Claims Cognizable Under Article 139, Uniform Code of Military Justice, dated February 8, 2008Navy JAG Instruction 5800.7F, Manual of the Judge Advocate General (JAGMAN), Chapter IV, Article 139 Claims - Redress of damage to Property, dated June 26, 2012Air Force Instruction 51-502, Chapter 6, Claims Under Article 139, Uniform Code of Military Justice (UCMJ) (10 U.S.C. 939), dated March 1, 1997Coast Guard Command Note 5890.9, Chapter 7, Claims Under Article 139, Uniform Code of Military JusticeTexas Crime Victims' Compensation Program, provided by Mr. Gene McCleskey, Director, Texas Crime Victims’ Compensation ProgramWritten Statement, provided by Ms. Bridgette Harwood, Co-Executive Director & Director of Legal Services. Network for Victim Recovery of DC (NVRDC)Written Statement, provided by Professor Njeri Mathis Rutledge, South Texas College of LawWritten Statement, provided by Ms. Kathy Nelson, Victim/Witness Assistance Program, Peterson Air Force Base, Colorado, dated March 12, 2015Slides - DoD Overview of Restitution and Compensation in Military Judicial Proceedings, provided by Colonel John G. Baker, Joint Service Committee Chair, dated March 13, 2015

April 10, 2015 - Public Meeting

Proposed Issues for JPP Deliberations
Coverage Provided by Military for Financial Needs of Sexual Assault VictimsDraft Outline of Compensation & Restitution in the MilitaryWitness Perspectives from March 13, 2015 MeetingArmy Lawyer, Claims Office Management, Colonel R. Peter Masterson, September, 2011Military Law Review, A Compensation System for Military Victims of Sexual Assault and Harassment, Julie Dickerson, Winter 2014Letter to the Judicial Proceedings Panel, from Professor Julie Goldscheid, CUNY School of Law, dated March 18, 2015 Memorandum for the Judicial Proceedings Panel, from Colonel John G. Baker, Chair, Joint Services Committee, dated March 20, 2015U.S. Marine Corps, Military Justice Branch, Practice Advisory No. 3-15, What To Know About Victims' Rights, dated February 26, 2015U.S. Marine Corps, Military Justice Branch, Practice Advisory No. 5-15, Changes to Military Justice in LSAM, Part I: Special Victim Cases, Processes, and Reporting, dated March 9, 2015Personnel Claims Act, 31 U.S.C.A § 3721, effective February 10, 1996 Military Claims Act, 10 U.S.C. § 2733, effective October 19, 1996Armed Forces Retirement Home - MaterialsDepartment of Defense, Financial Management Regulation, DoD 7000.14-R, Volume 7B, Chapter 60, "Victims of Abuse - Nonretirement Eligible Members (Transitional Compensation)", February, 2015

June 18, 2015 - Public Meeting

52 Naval Law Review 1, Making the Accused Pay for His Crime: A Proposal to Add Restitution as an Authorized Punishment under Rule for Courts-Martial 1003(B), Lieutenant Colonel David M. Jones, dated 2005
Armed Forces Retirement Home - MaterialsDepartment of Veterans Affairs - Military Sexual Trauma Fact Sheet
Department of Defense, Integrated Disability Evaluation Systems (IDES) Brochure214 Military Law Review 1, Beyond “T.B.D.”: Understanding VA’s Evaluation of a Former Servicemember’s Benefit Eligibility Following Involuntary or Punitive Discharge from the Armed Forces, Major John W. Booker, Major Evan R. Seamone, Ms. Leslie C. Rogall, dated Winter 2014Hearing Before the Subcommittee on Disability Assistance and Memorial Affairs of the House Committee on Veterans’ Affairs, 112th Congress, Invisible Wounds: Examining the Disability Compensation Benefits Process for Victims of Military Sexual Trauma, dated 2012Hearing Before the Senate Armed Services Personnel Subcommittee, 113th Congress, The Relationships Between Military Sexual Assault, Post-Traumatic Stress Disorder and Suicide, and on Department of Defense and Department of Veterans Affairs Medical Treatment and Management of Victims of Sexual Trauma, dated 2014 U.S. Government Accountability Office (GAO), Military Sexual Trauma: Improvements Made, But VA Can Do More To Track and Improve The Consistency of Disability Claim Decisions, dated June, 2014Ruth Moore Act of 2015, All Bill Information (Except Text) for H.R. 1607, Congress.gov, dated 2015Department of Justice, Office for Victims of Crime - Fact Sheet & 2012 Performance Report, dated June, 201342 United States Code Annotated § 10602, Crime Victim Compensation, dated January 5, 2006 222 Military Law Review 211, A Compensation System for Military Victims of Sexual Assault and Harassment, Julie Dickerson, dated Winter, 20142011-September Army Lawyer 48, Claims Office Management, Colonel R. Peter Masterton, dated September, 20113 Stanford Journal of Complex Litigation 1, Designing Compensatory Funds: In Search of First Principles, Linda S. Mullenix, dated Winter, 201545 Akron Law Review 575, Unconventional Responses to Unique Catastrophes, Kenneth R. Feinberg, dated 2011-2012Department of Defense, Integrated Disability Evaluation Systems (IDES) Handbook - Chapter 4The One Fund, Boston - 2013, Victim Relief Fund, Final Protocol, dated May 15, 2013 - provided by Mr. Kenneth R. FeinbergStatement - Mr. Dan Eddy, Executive Director, National Association of Crime Victim Compensation BoardsContributory Conduct Requires Casual Connection, Kansas Court Rules, National Association of Crime Victim Compensation BoardsFederal Register Notice. Office for Victims of Crime, Victims of Crime Act Victim Compensation Grant Program, dated May 16, 2001Department of Veteran Affairs, Information for Servicemembers About Military Sexual Trauma, dated December, 2014Volume 53 Law and Contemporary Problems Number 49, The Agent Orange Veteran Payment Program, Mr. Harvey P. Berman, dated Autumn, 1990

August 6, 2015 - Public Meeting

Proposed Issues for the Judicial Proceedings Panel Deliberations on Restitution and Compensation, prepared by JPP Staff

September 18, 2015 - Public Meeting

Possible Changes If Restitution Were Made An Authorized Court-Martial Punishment, prepared by JPP Staff
Judicial Proceedings Panel Staff Minutes of 2015 Victims of Crime Act (VOCA) National Training Conference, August 24-27, 2015, prepared by JPP StaffQuestions to Consider During JPP Deliberations on Establishing a Uniform Department of Defense Compensation Program, prepared by JPP Staff18 United States Code Annotated 3614, Resentencing Upon Failure to Pay a Fine or RestitutionArmy Regulation 27-10 (Military Justice), paragraph 17-16 (Property Return and Restitution), dated October 3, 2011 Federal Sentencing Reporter, Volume 27, Number 3, After the Gavel Falls: An Introduction to the Department of Defense Clemency and Parole Process, dated February 1, 2015TRICARE: Information on Psychotherapy CoveredTRICARE: Choices for National Guard and Reserve Continued Health Care Benefit Program InformationContinued Health Care Benefit Program BrochureNational Association of Crime Victim Compensation Boards, Compensation Funding Sources 2015 Victims of Crime Act National Training Conference, What Does the Data Tell Us? Exploring Program Effectiveness Through the NCVS, dated August 26, 2015Army Lawyer, Unique Aspects of Article 139 Claims Overseas, R. Peter Masterton, dated September, 2015

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