SEC. 549B.

Revision of Department of Defense Instruction regarding early release eligibility for offenders convicted of certain sexual offenses under the Uniform Code of Military Justice

DIVISION A · TITLE V: MILITARY PERSONNEL POLICY · SUBTITLE E: Military Justice

Source
SECTION TEXT · SEC. 549B.

(a) Revision required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense Instruction 1325.07, or any successor instruction, to provide that an individual serving a sentence of confinement imposed pursuant to a conviction by a general or special court-martial for an offense described in subsection (b) is ineligible for any reduction in the term of confinement based on good-conduct time.

(b) Covered offenses

An individual is ineligible for any reduction in the term of confinement based on good-conduct time as described in subsection (a) if the individual is serving a sentence for a conviction under—

(1)

section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), relating to rape and sexual assault;

(2)

section 920b of title 10, United States Code (article 120b of the Uniform Code of Military Justice), relating to rape and sexual assault of a child;

(3)

section 920c of title 10, United States Code (article 120c of the Uniform Code of Military Justice), relating to abusive sexual contact;

(4)

section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), relating to murder, if the offense was committed in the course of conduct involving a sexual act or sexual contact as defined in section 920 of that title (article 120);

(5)

section 919 of title 10, United States Code (article 119 of the Uniform Code of Military Justice), relating to manslaughter, if the offense was committed in the course of conduct involving a sexual act or sexual contact as defined in section 920 of that title (article 120);

(6)

section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), relating to kidnapping, if the victim was a minor;

(7)

section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), relating to assault, if the offense involved a sexual act or sexual contact as defined in section 920 of that title (article 120);

(8)

section 930 of title 10, United States Code (article 130 of the Uniform Code of Military Justice), relating to stalking, if the offense involved a sexual motive or the victim was a minor;

(9)

section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), relating to indecent conduct or indecent acts with another person;

(10)

section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), relating to the possession, distribution, or production of child pornography;

(11)

section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice), relating to attempts, if the offense attempted is an offense described in paragraphs (1) through (10) of this subsection; or

(12)

section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice), relating to conspiracy, if the offense that is the object of the conspiracy is an offense described in paragraphs (1) through (10) of this subsection.

(c) Applicability

The revision required by subsection (a) shall apply to sentences imposed after the date on which the revision takes effect. Nothing in this section shall be construed to affect a sentence imposed before the effective date of such revision.

(d) Preservation of victim rights

Nothing in this section shall be construed to limit the rights of a victim under section 806b of title 10, United States Code (article 6b of the Uniform Code of Military Justice). The Secretary of the military department concerned shall ensure that a victim retains the right to be reasonably heard at any clemency proceeding conducted outside the standard annual review cycle with respect to an individual described in subsection (a).

(e) Certification

Not later than 30 days after completing the revision required by subsection (a), the Secretary of Defense shall certify to the Committees on Armed Services of the Senate and the House of Representatives that Department of Defense Instruction 1325.07 has been revised in accordance with this section.