§ 105.1 - Purpose

§ 105.1 Purpose

This part, in accordance with the authority in DoDD 5124.02^[1] and 32 CFR part 103:

(a) Establishes policy and implements 32 CFR part 103, assigns responsibilities, and provides guidance and procedures for the SAPR Program (see 32 CFR 103.3), can be found at www.dtic.mil/whs/directives/corres/pdf/649501p.pdf;

(b) Establishes the processes and procedures for the Sexual Assault Forensic Examination (SAFE) Kit; can be found at http://www.sapr.mil/index.php/toolkit;

(c) Establishes the multidisciplinary Case Management Group (CMG) (see § 105.3) and provides guidance on how to handle sexual assault;

(d) Establishes Sexual Assault Prevention and Response (SAPR) minimum program standards, SAPR training requirements, and SAPR requirements for the DoD Annual Report on Sexual Assault in the Military consistent with the DoD Task Force Report on Care for Victims of Sexual Assault^[2] and pursuant to DoDD 5124.02 and 32 CFR part 103, 10 U.S.C., and Public Laws 112-239, 113-66, 113-291, and 114-92; and

(e) Incorporates and cancels DTM 11-063, DTM 11-062, and DTM 14-007.

(f) Implements DoD policy and assigns responsibilities for the SAPR Program on prevention, response, and oversight to sexual assault according to the policies and guidance in:

(1) DoDI 6495.02, “Sexual Assault Prevention and Response Program Procedures,” June 23, 2006 (hereby cancelled);

(2) DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness (USD(P&R)),” June 23, 2008;

(3) 32 CFR part 103;

(4) Title 10, U.S.C.;

(5) Under Secretary of Defense for Personnel and Readiness, “Task Force Report on Care for Victims of Sexual Assault,” April 2004;

(6) Sections 561, 562, and 563 of Public Law 110-417, “Duncan National Defense Authorization Act for Fiscal Year 2009,” October 14, 2008;

(7) Sections 584, 585, and 586 of Public Law 112-81, “National Defense Authorization Act for Fiscal Year 2012,” December 31, 2011;

(8) Public Law 112-239, “National Defense Authorization Act for Fiscal Year 2013,” January 2, 2013;

(9) Public Law 113-66, “National Defense Authorization Act for Fiscal Year 2014,” December 26, 2013;

(10) Public Law 113-291, “Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015,” December 29, 2014;

(11) Public Law 114-92, “National Defense Authorization Act for Fiscal Year 2016,”

(12) Directive Type Memorandum 11-063, “Expedited Transfer of Military Service Members Who File Unrestricted Reports of Sexual Assault,” December 16, 2011;

(13) Directive Type Memorandum 11-062, “Document Retention in Cases of Restricted and Unrestricted Reports of Sexual Assault,” December 16, 2011;

(14) Directive Type Memorandum 14-007, “Sexual Assault Incident Response Oversight (SAIRO) Report,” September 30, 2014, hereby cancelled;

(15) DoDI 3020.41, “Operational Contract Support (OCS),” December 20, 2011;

(16) DoD 6400.1-M-1, “DoD Manual for Child Maltreatment and Domestic Abuse Incident Reporting System,” July 2005, as amended;

(17) U.S. Department of Defense, “Manual for Courts-Martial, United States,” current edition amended;

(18) DoDI 1332.14, “Enlisted Administrative Separations,” January 27, 2014, as amended, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/133214p.pdf;

(19) DoDI 1332.30, “Separation of Regular and Reserve Commissioned Officers,” November 25, 2013, which can be found at http://sapr.mil/public/docs/instructions/DoDI_133230_20131125.pdf;

(20) Title 5, U.S.C.;

(21) DoD Directive 5400.11, “DoD Privacy Program,” October 29, 2014;

(22) Public Law 104-191, “Health Insurance Portability and Accountability Act of 1996,” August 21, 1996;

(23) DoDI 5505.18, “Investigation of Adult Sexual Assault in the Department of Defense,” January 25, 2013, as amended, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/550518p.pdf;

(24) Presidential Memorandum, “Implementing the Prison Rape Elimination Act,” May 17, 2012;

(25) Part 115 of title 28, Code of Federal Regulations, May 17, 2012;

(26) DoD Manual 8910.01, Volume 2, “DoD Information Collections Manual: Procedures for DoD Public Information Collections,” June 30, 2014, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/891001m_vol2.pdf;

(27) DoDI 5545.02, “DoD Policy for Congressional Authorization and Appropriations Reporting Requirements,” December 19, 2008, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/554502p.pdf;

(28) DoD Manual 8910.01, Volume 1, “DoD Information Collections Manual: Procedures for DoD Internal Information Collections,” June 30, 2014, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/891001m_vol1.pdf;

(29) DoDI 6495.03, “Defense Sexual Assault Advocate Certification Program (D-SAACP),” September 10, 2015, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/649503p.pdf;

(30) U.S. Department of Justice, Office on Violence Against Women, “A National Protocol for Sexual Assault Medical Forensic Examinations, Adults/Adolescents,” current version, which can be found at https://www.ncjrs.gov/pdffiles1/ovw/206554.pdf;

(31) DoDI 5505.19, “Establishment of Special Victim Investigation and Prosecution (SVIP) Capability within the Military Criminal Investigative Organizations (MCIOs),” February 3, 2015, can be found at http://www.dtic.mil/whs/directives/corres/pdf/550519p.pdf;

(32) DoDI 1030.2, “Victim and Witness Assistance Procedures,” June 4, 2004, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/103002p.pdf;

(33) DoD Directive 7050.06, “Military Whistleblower Protection,” April 17, 2015, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/705006p.pdf;

(34) Under Secretary of Defense (Personnel and Readiness) Memorandum, “Guidelines for the DoD Safe Helpline,” January 22, 2015;

(35) DoD Directive 1350.2, “Department of Defense Military Equal Opportunity (MEO) Program,” August 18, 1995, as amended, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/135002p.pdf;

(36) Directive Type Memorandum 14-003, “DoD Implementation of Special Victim Capability (SVC) Prosecution and Legal Support,” February 12, 2014, (as amended), which can be found at http://www.dtic.mil/whs/directives/corres/pdf/DTM-14-003.pdf;

(37) Under Secretary of Defense (Personnel and Readiness) Memorandum, “Certification Standards for Department of Defense Sexual Assault Prevention and Response Program Managers,” March 10, 2015;

(38) DoDI 6400.07, “Standards for Victim Assistance Services in the Military Community,” November 25, 2013, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/640007p.pdf;

(39) DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/602518r.pdf;

(40) Executive Order 13593, “2011 Amendments to the Manual for Courts-Martial, United States,” December 13, 2011, can be found at http://www.gpo.gov/fdsys/pkg/FR-2011-12-16/pdf/X11-11216.pdf;

(41) AD 2014-20/AFI 36-2909/SECNAVINST 5370.7D, dated 4 Dec 14, “Prohibition of Retaliation Against Members of the Armed Forces Reporting a Criminal Offense,” dates vary by Military Service;

(42) DoD Directive 1030.01, “Victim and Witness Assistance,” April 13, 2004, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/103001p.pdf;

(43) Executive Order 13696 Amendments to the Manual for Courts-Martial, dated June 17, 2015;

(44) Department of Defense 2014-2016 Sexual Assault Prevention Strategy, April 30, 2014, which can be found at http://sapr.mil/public/docs/reports/SecDef_Memo_and_DoD_SAPR_Prevention_Strategy_2014-2016.pdf;

(45) DoD Directive 5136.13, “Defense Health Agency (DHA),” September 30, 2013, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/513613p.pdf;

(46) U.S. Department of Justice, Office on Violence Against Women, “National Training Standards for Sexual Assault Medical Forensic Examiners,” current version, which can be found at https://www.ncjrs.gov/pdffiles1/ovw/213827.pdf;

(47) DoDI 6025.13, “Medical Quality Assurance (MQA) and Clinical Quality Management in the Military Health Care System (MHS)”, February 17, 2011, as amended, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/602513p.pdf;

(48) Under Secretary of Defense for Personnel and Readiness Memorandum, “Legal Assistance for Victims of Crime,” October 17, 2011, which can be found at http://www.sapr.mil/index.php/law-and-dod-policies/directives-and-instructions; and

(49) DoD 4165.66-M, “Base Redevelopment and Realignment Manual,” March 1, 2006, which can be found at http://www.dtic.mil/whs/directives/corres/pdf/416566m.pdf.

[78 FR 21718, Apr. 11, 2013, as amended at 81 FR 66427, Sept. 27, 2016]

Footnotes - 105.1

^[1] Available: http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf.

^[2] Available: http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf.