scope:

Purpose

This regulation provides standards for receiving, processing, safeguarding, and disposing of physical evidence acquired by special agents (SA), investigative assistants, and evidence custodians of the United States Army Criminal Investigation Command (USACIDC); Military Police (MP); and Department of the Army (DA) employees and contractor personnel who are assigned to civilian police or security guard positions involving the enforcement of law and security duties on Army installations or activities. The standards set by this regulation also apply to Army counterintelligence (CI) agents collecting and processing evidence by authority of AR 381-20. Evidence handling with the United States Army Criminal Investigation Laboratory (USACIL) facility is exempt from AR 195-5 requirements. The authority to establish and approve policies and procedures for evidence handling, processing, and accountability within the USACIL is delegated to the Director, USACIL. This regulation is for the internal management, control, and disposition of evidence of criminal misconduct, including unrestricted reporting cases of sexual assault. It also applies to the management, control, and disposition of evidence kits and any other property released to Provost Marshal (PM) activities in sexual assault cases involving restricted reporting. It does not confer rights upon criminal defendants in judicial, non-judicial, or administrative proceedings. Failure to follow any provision of this regulation will not affect the admissibility of evidence at a court-martial unless the Military Rules of Evidence independently result in a ruling that the evidence is not admissible. This regulation is also for the internal management, control, and disposition of evidence collected during CI investigations. All policies and procedures in this regulation will be applied to consolidated and long-term evidence rooms and/or facilities.