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NDAA item of note

The now law NDAA for 2021 has a number of provisions including this one. If you are not aware, compassion fatigue is a real thing even for lawyers, more for defense counsel and SVC’s than prosecutors. If you have compassion fatigue that can adversely affect your court-room work as well as relationships with others in the court-martial process.

Compassion Fatigue

Congress wants the Secretary of Defense take a look at this issue.

SEC. 546. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA FOR CERTAIN PERSONNEL IN THE MILITARY JUSTICE SYSTEM.

(a) Briefing Required.–Not later than 180 days after the date of

the enactment of this Act, the Judge Advocates General of the Army, the

Navy, and the Air Force and the Staff Judge Advocate to the Commandant

of the Marine Corps shall jointly brief the Committees on Armed

Services of the Senate and the House of Representatives on the mental

health support for vicarious trauma provided to personnel in the

military justice system specified in subsection (b).

(b) Personnel.–The personnel specified in this subsection are the

following:

(1) Court-martial convening authorities who are members of the

Armed Forces.

(2) Trial counsel.

(3) Defense counsel.

(4) Military judges.

(5) Special Victims’ Counsel.

(6) Military investigative personnel.

(c) Elements.–The briefing required by subsection (a) shall

include the following:

(1) A description and assessment of the mental health support

for vicarious trauma provided to personnel in the military justice

system specified in subsection (b), including a description of the

support services available and the support services being used.

(2) A description and assessment of mechanisms to eliminate or

reduce stigma in the pursuit by such personnel of such mental

health support.

(3) An assessment of the feasibility and advisability of

providing such personnel with breaks between assignments or cases

as part of such mental health support in order to reduce the

effects of vicarious trauma.

(4) A description and assessment of the extent, if any, to

which duty of such personnel on particular types of cases, or in

particular caseloads, contributes to vicarious trauma, and of the

extent, if any, to which duty on such cases or caseloads has an

effect on retention of such personnel in the Armed Forces.

(5) A description of the extent, if any, to which such

personnel are screened or otherwise assessed for vicarious trauma

before discharge or release from the Armed Forces.

(6) Such other matters in connection with the provision of

mental health support for vicarious trauma to such personnel as the

Judge Advocates General and the Staff Judge Advocate jointly

consider appropriate.

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