[Code of Federal Regulations]

[Title 28, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR45.10]



[Page 15-16]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

              CHAPTER I--DEPARTMENT OF JUSTICE (CONTINUED)

 

PART 45_EMPLOYEE RESPONSIBILITIES--Table of Contents

 

Sec.  45.10  Procedures to promote compliance with crime victims' rights 

obligations.



    (a) Definitions. The following definitions shall apply with respect 

to this section, which implements the provisions of the Justice for All 

Act that relate to protection of the rights of crime victims. See 18 

U.S.C. 3771.

    Crime victim means a person directly and proximately harmed as a 

result of the commission of a Federal offense or an offense in the 

District of Columbia. In the case of a crime victim who is under 18 

years of age, incompetent, incapacitated, or deceased, the legal 

guardians of the crime victim or the representatives of the crime 

victim's estate, family members, or any other persons appointed as 

suitable by the court, may assume the crime victim's rights, but in no 

event shall the defendant be named as such guardian or representative.

    Crime victims' rights means those rights provided in 18 U.S.C. 3771.

    Employee of the Department of Justice means an attorney, 

investigator, law enforcement officer, or other personnel employed by 

any division or office of the Department of Justice whose regular course 

of duties includes direct interaction with crime victims, not including 

a contractor.

    Office of the Department of Justice means a component of the 

Department of Justice whose employees directly interact with crime 

victims in the regular course of their duties.

    (b) The Attorney General shall designate an official within the 

Executive Office for United States Attorneys (EOUSA) to receive and 

investigate complaints alleging the failure of Department of Justice 

employees to provide rights to crime victims under 18 U.S.C. 3771. The 

official shall be called the Department of Justice Victims' Rights 

Ombudsman (VRO). The VRO shall then designate, in consultation with each 

office of the Department of Justice, an official in each office to serve 

as the initial point of contact (POC) for complainants.

    (c) Complaint process. (1) Complaints must be submitted in writing 

to the POC of the relevant office or offices of the Department of 

Justice. If a complaint alleges a violation that would create a conflict 

of interest for the POC to investigate, the complaint shall be forwarded 

by the POC immediately to the VRO.

    (2) Complaints shall contain, to the extent known to, or reasonably 

available to, the victim, the following information:

    (i) The name and personal contact information of the crime victim 

who allegedly was denied one or more crime victims' rights;

    (ii) The name and contact information of the Department of Justice 

employee who is the subject of the complaint, or other identifying 

information if the complainant is not able to provide the name and 

contact information;

    (iii) The district court case number;

    (iv) The name of the defendant in the case;

    (v) The right or rights listed in 18 U.S.C. 3771 that the Department 

of Justice employee is alleged to have violated; and

    (vi) Specific information regarding the circumstances of the alleged 

violation sufficient to enable the POC to conduct an investigation, 

including,



[[Page 16]]



but not limited to: The date of the alleged violation; an explanation of 

how the alleged violation occurred; whether the complainant notified the 

Department of Justice employee of the alleged violation; how and when 

such notification was provided to the Department of Justice employee; 

and actions taken by the Department of Justice employee in response to 

the notification.

    (3) Complaints must be submitted within 60 days of the victim's 

knowledge of a violation, but not more than one year after the actual 

violation.

    (4)(i) In response to a complaint that provides the information 

required under paragraph (c)(2) of this section and that contains 

specific and credible information that demonstrates that one or more 

crime victims' rights listed in 18 U.S.C. 3771 may have been violated by 

a Department of Justice employee or office, the POC shall investigate 

the allegation(s) in the complaint within a reasonable period of time.

    (ii) The POC shall report the results of the investigation to the 

VRO.

    (5) Upon receipt of the POC's report of the investigation, the VRO 

shall determine whether to close the complaint without further action, 

whether further investigation is warranted, or whether action in 

accordance with paragraphs (d) or (e) of this section is necessary.

    (6) Where the VRO concludes that further investigation is warranted, 

he may conduct such further investigation. Upon conclusion of the 

investigation, the VRO may close the complaint if he determines that no 

further action is warranted or may take action under paragraph (d) or 

(e) of this section.

    (7) The VRO shall be the final arbiter of the complaint.

    (8) A complainant may not seek judicial review of the VRO's 

determination regarding the complaint.

    (9) To the extent permissible in accordance with the Privacy Act and 

other relevant statutes and regulations regarding release of information 

by the Federal government, the VRO, in his discretion, may notify the 

complainant of the result of the investigation.

    (10) The POC and the VRO shall refer to the Office of the Inspector 

General and to the Office of Professional Responsibility any matters 

that fall under those offices' respective jurisdictions that come to 

light in an investigation.

    (d) If the VRO finds that an employee or office of the Department of 

Justice has failed to provide a victim with a right to which the victim 

is entitled under 18 U.S.C. 3771, but not in a willful or wanton manner, 

he shall require such employee or office of the Department of Justice to 

undergo training on victims' rights.

    (e) Disciplinary procedures. (1) If, based on the investigation, the 

VRO determines that a Department of Justice employee has wantonly or 

willfully failed to provide the complainant with a right listed in 18 

U.S.C. 3771, the VRO shall recommend, in conformity with laws and 

regulations regarding employee discipline, a range of disciplinary 

sanctions to the head of the office of the Department of Justice in 

which the employee is located, or to the official who has been 

designated by Department of Justice regulations and procedures to take 

action on disciplinary matters for that office. The head of that office 

of the Department of Justice, or the other official designated by 

Department of Justice regulations and procedures to take action on 

disciplinary matters for that office, shall be the final decision-maker 

regarding the disciplinary sanction to be imposed, in accordance with 

applicable laws and regulations.

    (2) Disciplinary sanctions available under paragraph (e)(1) of this 

section include all sanctions provided under the Department of Justice 

Human Resources Order, 1200.1.



[70 FR 69653, Nov. 17, 2005]