deliver the patient when a proper warrant is presented.Whenever possible, a judge advocate of the Navy orMarine Corps should be consulted before delivery. Ifthe treatment facility is located outside the jurisdictionrequesting delivery, only a General Courts-Martialauthority (as defined by the Uniform Code of MilitaryJustice, Manual for Courts-Martial, and NavyRegulations) is authorized to arrange for delivery ofsuch the patient. Extradition, return agreements, andother prerequisites to delivery will have to becompleted.When disciplinary proceedings involving militaryoffenses are pending, the treatment facility shouldobtain legal guidance from a judge advocate beforedelivering a patient to federal, state, or localauthorities. When the commanding officer considersthat extraordinary circumstances exist which indicatethat delivery should be denied, then the JudgeAdvocate General of the Navy must be notified of thecircumstances by message or phone.PRISONER PATIENTSPrisoner patients fall into three categories ofeligible beneficiaries:Enemy prisoners of war and other detainedpersonnelNonmilitary federal prisonersMilitary prisonersEnemy Prisoners of War and Other DetainedPersonnelEnemy prisoners of war and other detainedpersonnel are entitled to all necessary medical anddental care, subject to the availability of care andfacilities.Nonmilitary Federal PrisonersNonmilitary federal prisoners are authorized onlyemergency medical care. When such care is beingprovided, the institution to which the prisoner issentenced must furnish the security personnel toensure custody of the prisoner and safety of others inthe facility. Upon completion of emergency care,arrangements will be made immediately to transferthese individuals to a nonmilitary treatment facility orfor return to the institution to which sentenced.Military PrisonersStatus of Forces policy is to protect, to themaximum extent possible, the rights of U.S. personnelwho may be subject to criminal trial by foreign courtsand imprisonment in foreign prisons. Active dutymembers are generally not separated from the serviceuntil they have completed their term of imprisonmentand returned to the United States. During thisconfinement, they will normally remain healthcarebeneficiaries.Military prisoners (those sentenced under theUniform Code of Military Justice) whose punitivedischarges have been executed but whose sentenceshave not expired are authorized medical and dentalcare. Individuals on appellate leave, awaitingexecution of a punitive discharge, are also entitled tocare. Military prisoners whose punitive dischargeshave been executed and who require hospitalizationbeyond expiration of their sentences are not eligible forcare, but they may be hospitalized as civilianhumanitarian nonmilitary indigents until dispositioncan be made to some other facility.SEXUAL ASSAULT AND RAPESexual assault and rape are criminal offenses,often associated with serious injury. The managementof cases involving sexual assault and rape must be ajoint medical and legal function. A sexual assaultinvestigation kit, supplied by the Naval CriminalInvestigative Service, is used to gather and preserveevidence of a crime. Included in this kit arestep-by-step procedures for the examination of thepatient, as well as a checklist of specimens to becollected.In order to safeguard and obtain evidence to beused in possible legal proceedings, liaison between then 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 linvestigative agencies, and state and local agencies(such as Child and Spouse Protective Services) shouldbe established. It must be kept in mind that medicalpersonnel are not to judge, defend, or prosecute theindividuals involved. NAVMEDCOMINST 6310.3,Management of Alleged or Suspected Sexual Assaultand Rape Cases, provides further guidance for thecare, evaluation, and medico-legal documentation ofthe victim of an alleged rape or sexual assault.Every effort must be made to treat the patient withrespect and courtesy and to provide appropriateprivacy. In dealing with alleged victims of sexual15-12
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