Resolve, Directing the Adjutant General of the State To Ensure the Maine Code of Military Justice Addresses Sexual Trauma in the Military

Sec. 1. Adjutant General to conduct assessment of Maine Code of Military Justice. Resolved: That the Adjutant General shall conduct an assessment of the Maine Code of Military Justice and other provisions of the Maine Revised Statutes, Title 37-B that govern active duty personnel in the Maine National Guard, including air reserve technicians and other activated military personnel, with regard to provisions that apply to sexual assault in the military. The purpose of the assessment is to determine if the Maine Code of Military Justice and other provisions of Title 37-B governing active duty personnel in the Maine National Guard allow for the adequate prosecution of sexual assault and proper treatment of military victims of sexual assault by comparing them with the provisions of the National Defense Authorization Act for Fiscal Year 2013 that amend 10 United States Code and that address the following:

1. Mandatory administrative separation or dismissal of any member of the Maine National Guard convicted of any sexual offense;

2. Retention of restricted report documentation for 50 years, if so desired by the victim, including information regarding a victim's consent regarding use of report records;

3. Allowing victims to return to active duty after separation to help prosecute sex offenders;

4. The creation of an independent review panel to examine the way sexual assaults are investigated, prosecuted and adjudicated under the Maine Code of Military Justice;

5. Annual command climate assessment surveys to track individual attitudes toward sexual assault and sexual harassment;

6. Mandatory insurance coverage for mental and physical health issues, including abortions in cases of rape or incest for service women and military family members;

7. Required sexual assault prevention and intervention in precommand and command courses for officers and relevant personnel;

8. Notification to Maine National Guard personnel of the options available for the correction of military records that reflect any retaliatory personnel action consequent to a report of sexual assault or sexual harassment;

9. Prohibition against the use of a moral waiver for recruitment of anyone convicted of a sexual offense;

10. Active duty retention of survivors until the completion of a line of duty determination to ensure completion of an official investigation and adjudication of the sexual offense case;

11. Development of a policy for and documented annual review of required initial and annual sexual assault prevention training for all new enlistees and members of the Maine National Guard, respectively;

12. Development of a policy addressing data collection and retention requirements to track reports of sexual harassment, sexual assault and rape from the date of an incident report to case closure;

13. Annual briefing by the Adjutant General to the Governor and the joint standing committee of the Legislature having jurisdiction over veterans and legal affairs, including a summary of all sexual assault and rape incidents, their status and the outcomes, including the duty status of adjudicated and administratively dismissed military offenders and military victims; and

14. Development of a policy to ensure convicted felons who meet national sex offender registry requirements are placed on that registry.

Nothing in this section prohibits the Adjutant General from considering other provisions of federal law that relate to prosecution and punishment of members of the Maine National Guard who have been accused of sexual assault in the military and the treatment of members of the Maine National Guard who are victims of sexual assault; and be it further

Sec. 2. Report. Resolved: That, no later than February 15, 2014, the Adjutant General shall submit a report to the Joint Standing Committee on Veterans and Legal Affairs describing the results of the assessment described in section 1. The report must include recommendations for legislation to make provisions of the Maine Code of Military Justice and other provisions of the Maine Revised Statutes, Title 37-B that deal with military personnel comparable to provisions of federal law that address the issue of sexual assault in the military. The Joint Standing Committee on Veterans and Legal Affairs is authorized to report out a bill based on the report to the Second Regular Session of the 126th Legislature.

SUMMARY

This resolve directs the Adjutant General of the State to conduct an assessment of the Maine Code of Military Justice and other provisions of Maine law that deal with military personnel to ensure that these laws are comparable to federal laws in addressing the adequate investigation, prosecution and adjudication of sexual assault by members of the Maine National Guard and the appropriate treatment of Maine National Guard members who are victims of sexual assault.