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10 U.S.C. § 1058 — Responsibilities of military law enforce-

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1058 — Responsibilities of military law enforce-

Page 946 TITLE 10—ARMED FORCES § 1056a § 1056a. Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel (a) REINTEGRATION AND SUPPORT AUTHOR- IZED.—The Secretary of Defense may carry out the following: (1) Reintegration activities for recovered persons who are Department of Defense per- sonnel. (2) Post-isolation support activities for or on behalf of other recovered persons who are offi- cers or employees of the United States Gov- ernment, military or civilian officers or em- ployees of an allied or coalition partner of the United States, or other United States or for- eign nationals. (b) ACTIVITIES AUTHORIZED.—(1) The activities authorized by subsection (a) for or on behalf of a recovered person may include the following: (A) The provision of food, clothing, nec- essary medical support, and essential sundry items for the recovered person. (B) In accordance with regulations pre- scribed by the Secretary of Defense, travel and transportation allowances for not more than three family members, or other designated in- dividuals, determined by the commander or head of a military medical treatment facility to be beneficial for the reintegration of the re- covered person and whose presence may con- tribute to improving the physical and mental health of the recovered person. (C) Transportation or reimbursement for transportation in connection with the attend- ance of the recovered person at events or func- tions determined by the commander or head of a military medical treatment facility to con- tribute to the physical and mental health of the recovered person. (2) Medical support may be provided under paragraph (1)(A) to a recovered person who is not a member of the armed forces for

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Stable record: federal_law:legal_authorities:usc2024-71a1035c4d0b2c411f55ca11
Source file: Laws/federal/codes/united-states-code-2024/title-10/section-1058-responsibilities-of-military-law-enforce--df5d3918f8.md
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Source location: USCODE-2024-title10-subtitleA-partII-chap53-sec1058.pdf

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Page 946 TITLE 10—ARMED FORCES § 1056a § 1056a. Reintegration of recovered Department of Defense personnel; post-isolation support activities for other recovered personnel (a) REINTEGRATION AND SUPPORT AUTHOR- IZED.—The Secretary of Defense may carry out the following: (1) Reintegration activities for recovered persons who are Department of Defense per- sonnel. (2) Post-isolation support activities for or on behalf of other recovered persons who are offi- cers or employees of the United States Gov- ernment, military or civilian officers or em- ployees of an allied or coalition partner of the United States, or other United States or for- eign nationals. (b) ACTIVITIES AUTHORIZED.—(1) The activities authorized by subsection (a) for or on behalf of a recovered person may include the following: (A) The provision of food, clothing, nec- essary medical support, and essential sundry items for the recovered person. (B) In accordance with regulations pre- scribed by the Secretary of Defense, travel and transportation allowances for not more than three family members, or other designated in- dividuals, determined by the commander or head of a military medical treatment facility to be beneficial for the reintegration of the re- covered person and whose presence may con- tribute to improving the physical and mental health of the recovered person. (C) Transportation or reimbursement for transportation in connection with the attend- ance of the recovered person at events or func- tions determined by the commander or head of a military medical treatment facility to con- tribute to the physical and mental health of the recovered person. (2) Medical support may be provided under paragraph (1)(A) to a recovered person who is not a member of the armed forces for not more than 20 days. (c) DEFINITIONS.—In this section: (1) The term ‘‘post-isolation support’’, in the case of a recovered person, means— (A) the debriefing of the recovered person following a separation as described in para- graph (2); (B) activities to promote or support the physical and mental health of the recovered person following such a separation; and (C) other activities to facilitate return of the recovered person to military or civilian life as expeditiously as possible following such a separation. (2) The term ‘‘recovered person’’ means an individual who is returned alive from separa- tion (whether as an individual or a group) while participating in or in association with a United States-sponsored military activity or mission in which the individual was detained in isolation or held in captivity by a hostile entity. (3) The term ‘‘reintegration’’, in the case of a recovered person, means— (A) the debriefing of the recovered person following a separation as described in para- graph (2); (B) activities to promote or support for the physical and mental health of the recovered person following such a separation; and (C) other activities to facilitate return of the recovered person to military duty or em- ployment with the Department of Defense as expeditiously as possible following such a separation. (Added Pub. L. 112–81, div. A, title V, § 588(a), Dec. 31, 2011, 125 Stat. 1436.) § 1057. Use of armed forces insignia on State li- cense plates (a) The Secretary concerned may approve an application by a State to use or imitate the seal or other insignia of the department (under the jurisdiction of such Secretary) or of armed forces (under the jurisdiction of such Secretary) on motor vehicle license plates issued by the State to an individual who is a member or former member of the armed forces. (b) The Secretary concerned may prescribe any regulations necessary regarding the display of the seal or other insignia of the department (under the jurisdiction of such Secretary) or of armed forces (under the jurisdiction of such Sec- retary) on the license plates described in sub- section (a). (c) In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the North- ern Mariana Islands, Guam, the Virgin Islands, and American Samoa. (Added Pub. L. 102–484, div. A, title X, § 1080(a), Oct. 23, 1992, 106 Stat. 2514.) § 1058. Responsibilities of military law enforce- ment officials at scenes of domestic violence (a) IMMEDIATE ACTIONS REQUIRED.—Under reg- ulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure, in any case of domestic violence in which a military law enforcement official at the scene determines that physical injury has been inflicted or a dead- ly weapon or dangerous instrument has been used, that military law enforcement officials— (1) take immediate measures to reduce the potential for further violence at the scene; and (2) within 24 hours of the incident, provide a report of the domestic violence to the appro- priate commander and to a local military fam- ily advocacy representative exercising respon- sibility over the area in which the incident took place. (b) FAMILY ADVOCACY COMMITTEE.—Under reg- ulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure that, whenever a report is provided to a commander under subsection (a)(2), a multidisciplinary fam- ily advocacy committee meets, with all due practicable speed, to review the situation and to make recommendations to the commander for appropriate action. (c) REGULATIONS.—The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not oper- ating as a service in the Navy, shall prescribe by regulation the definition of ‘‘domestic violence’’ for purposes of this section and such other regu- Page 947 TITLE 10—ARMED FORCES § 1059 lations as may be necessary for purposes of this section. (d) MILITARY LAW ENFORCEMENT OFFICIAL.—In this section, the term ‘‘military law enforce- ment official’’ means a person authorized under regulations governing the armed forces to appre- hend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder. (Added Pub. L. 103–160, div. A, title V, § 551(a)(1), Nov. 30, 1993, 107 Stat. 1661; amended Pub. L. 103–337, div. A, title X, § 1070(a)(4), (b)(3), Oct. 5, 1994, 108 Stat. 2855, 2856; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes CODIFICATION Other sections 1058 were renumbered sections 1059 and 1060 of this title. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1994—Pub. L. 103–337, § 1070(b)(3), made technical cor- rection to directory language of Pub. L. 103–160, § 551(a)(1), which enacted this section. Subsec. (d). Pub. L. 103–337, § 1070(a)(4), substituted ‘‘subject to the Uniform Code of Military Justice (chap- ter 47 of this title)’’ for ‘‘subject to this chapter’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title X, § 1070(b), Oct. 5, 1994, 108 Stat. 2856, provided that the amendment made by that section is effective as of Nov. 30, 1993, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1994, Pub. L. 103–160, as enacted. DEADLINE FOR PRESCRIBING PROCEDURES Pub. L. 103–160, div. A, title V, § 551(b), Nov. 30, 1993, 107 Stat. 1662, provided that: ‘‘The Secretary of Defense shall prescribe procedures to carry out section 1058 of title 10, United States Code, as added by subsection (a), not later than six months after the date of the enact- ment of this Act [Nov. 30, 1993].’’ § 1059. Dependents of members separated for de- pendent abuse: transitional compensation; commissary and exchange benefits; lodging expenses (a) AUTHORITY TO PAY COMPENSATION.—The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy), and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may each establish a pro- gram to pay monthly transitional compensation in accordance with this section to dependents or former dependents of a member of the armed forces described in subsection (b). Upon estab- lishment of such a program, the program shall apply in the case of each such member described in subsection (b) who is under the jurisdiction of the Secretary establishing the program. (b) PUNITIVE AND OTHER ADVERSE ACTIONS COV- ERED.—This section applies in the case of a member of the armed forces on active duty for a period of more than 30 days— (1) who is convicted of a dependent-abuse of- fense (as defined in subsection (c)) and whose conviction results in the member— (A) being separated from active duty pur- suant to a sentence of a court-martial; or (B) forfeiting all pay and allowances pur- suant to a sentence of a court-martial; (2) who is administratively separated, volun- tarily or involuntarily, from active duty in ac- cordance with applicable regulations if the basis for the separation includes a dependent- abuse offense; or (3) who is— (A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and (B) separated from active duty pursuant to a sentence of a court-martial, or administra- tively separated, voluntarily or involun- tarily, from active duty, for an offense other than the dependent-abuse offense. (c) DEPENDENT-ABUSE OFFENSES.—For pur- poses of this section, a dependent-abuse offense is conduct by an individual while a member of the armed forces on active duty for a period of more than 30 days— (1) that involves abuse of the spouse or a de- pendent child of the member; and (2) that is a criminal offense specified in reg- ulations prescribed by the Secretary of De- fense under subsection (m). (d) RECIPIENTS OF PAYMENTS.—In the case of any individual described in subsection (b), the Secretary shall pay such compensation to de- pendents or former dependents of the individual as follows: (1) If the individual was married at the time of the commission of the dependent-abuse of- fense resulting in the separation, such com- pensation shall be paid to the spouse or former spouse to whom the individual was married at that time, including an amount (determined under subsection (f)(2)) for each, if any, de- pendent child of the individual described in subsection (b) who resides in the same house- hold as that spouse or former spouse. (2) If there is a spouse or former spouse who is or, but for subsection (g), would be eligible for compensation under this section and if there is a dependent child of the individual de- scribed in subsection (b) who does not reside in the same household as that spouse or former spouse, compensation under this section shall be paid to each such dependent child of the in- dividual described in subsection (b) who does not reside in that household. (3) If there is no spouse or former spouse who is (or but for subsection (g) would be) eligible under paragraph (1), such compensation shall be paid to the dependent children of the indi- vidual described in subsection (b). (4) For purposes of this subsection, an indi- vidual’s status as a ‘‘dependent child’’ shall be determined as of the date on which the indi- vidual described in subsection (b) is convicted of the dependent-abuse offense or, in a case de-

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1058 — Responsibilities of military law enforcement officials at scenes of domestic violence

**(a) Immediate Actions Required.—** Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure, in any case of domestic violence in which a military law enforcement official at the scene determines that physical injury has been inflicted or a deadly weapon or dangerous instrument has been used, that military law enforcement officials— (1) take immediate measures to reduce the potential for further violence at the scene; and (2) within 24 hours of the incident, provide a report of the domestic violence to the appropriate commander and to a local military family advocacy representative exercising responsibility over the area in which the incident took place. **(b) Family Advocacy Committee.—** Under regulations prescribed pursuant to subsection (c), the Secretary concerned shall ensure that, whenever a report is provided to a commander under subsection (a)(2), a multidisciplinary family advocacy committee meets, with all due practicable speed, to review the situation and to make recommendations to the commander for appropriate action. **(c) Regulations.—** The Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall prescribe by regulation the definition of “domestic violence” for purposes of this section and such other regulations as may be necessary for purposes of this section. **(d) Military Law Enforcement Official.—** In this section, the term “military law enforcement official” means a person authorized under regulations governing the armed forces to apprehend persons subject to the Uniform Code of Military Justice (chapter 47 of this title) or to trial thereunder.

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