deliver the patient when a proper warrant is presented.
Whenever possible, a judge advocate of the Navy or
Marine Corps should be consulted before delivery. If
the treatment facility is located outside the jurisdiction
requesting delivery, only a General Courts-Martial
authority (as defined by the Uniform Code of Military
Justice, Manual for Courts-Martial, and Navy
Regulations) is authorized to arrange for delivery of
such the patient. Extradition, return agreements, and
other prerequisites to delivery will have to be
completed.
When disciplinary proceedings involving military
offenses are pending, the treatment facility should
obtain legal guidance from a judge advocate before
delivering a patient to federal, state, or local
authorities. When the commanding officer considers
that extraordinary circumstances exist which indicate
that delivery should be denied, then the Judge
Advocate General of the Navy must be notified of the
circumstances by message or phone.
PRISONER PATIENTS
Prisoner patients fall into three categories of
eligible beneficiaries:
Enemy prisoners of war and other detained
personnel
Nonmilitary federal prisoners
Military prisoners
Enemy Prisoners of War and Other Detained
Personnel
Enemy prisoners of war and other detained
personnel are entitled to all necessary medical and
dental care, subject to the availability of care and
facilities.
Nonmilitary Federal Prisoners
Nonmilitary federal prisoners are authorized only
emergency medical care. When such care is being
provided, the institution to which the prisoner is
sentenced must furnish the security personnel to
ensure custody of the prisoner and safety of others in
the facility. Upon completion of emergency care,
arrangements will be made immediately to transfer
these individuals to a nonmilitary treatment facility or
for return to the institution to which sentenced.
Military Prisoners
Status of Forces policy is to protect, to the
maximum extent possible, the rights of U.S. personnel
who may be subject to criminal trial by foreign courts
and imprisonment in foreign prisons. Active duty
members are generally not separated from the service
until they have completed their term of imprisonment
and returned to the United States.
During this
confinement, they will normally remain healthcare
beneficiaries.
Military prisoners (those sentenced under the
Uniform Code of Military Justice) whose punitive
discharges have been executed but whose sentences
have not expired are authorized medical and dental
care.
Individuals on appellate leave, awaiting
execution of a punitive discharge, are also entitled to
care. Military prisoners whose punitive discharges
have been executed and who require hospitalization
beyond expiration of their sentences are not eligible for
care, but they may be hospitalized as civilian
humanitarian nonmilitary indigents until disposition
can be made to some other facility.
SEXUAL ASSAULT AND RAPE
Sexual assault and rape are criminal offenses,
often associated with serious injury. The management
of cases involving sexual assault and rape must be a
joint medical and legal function. A sexual assault
investigation kit, supplied by the Naval Criminal
Investigative Service, is used to gather and preserve
evidence of a crime.
Included in this kit are
step-by-step procedures for the examination of the
patient, as well as a checklist of specimens to be
collected.
In order to safeguard and obtain evidence to be
used in possible legal proceedings, liaison between the
n a v a l t r e a t m e n t f a c i l i t y, m i l i t a r y a n d c i v i l
investigative agencies, and state and local agencies
(such as Child and Spouse Protective Services) should
be established. It must be kept in mind that medical
personnel are not to judge, defend, or prosecute the
individuals involved. NAVMEDCOMINST 6310.3,
Management of Alleged or Suspected Sexual Assault
and Rape Cases, provides further guidance for the
care, evaluation, and medico-legal documentation of
the victim of an alleged rape or sexual assault.
Every effort must be made to treat the patient with
respect and courtesy and to provide appropriate
privacy. In dealing with alleged victims of sexual
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