Surrender of Military Members to Civilian Law Enforcement

[Title 32 CFR G]
[Code of Federal Regulations (annual edition) - July 1, 2003 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS]
[Part 630 - ABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES]
[Subpart G - Surrender of Military Members to Civilian Law Enforcement]
[From the U.S. Government Printing Office]

3242003-07-012002-07-01trueSurrender of Military Members to Civilian Law EnforcementGSubpart GNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSABSENTEE DESERTER APPREHENSION PROGRAM AND SURRENDER OF MILITARY PERSONNEL TO CIVILIAN LAW ENFORCEMENT AGENCIES
Subpart G--Surrender of Military Members to Civilian Law Enforcement
Officials

Sec. 630.30 Overview.

(a) This chapter establishes provost marshal procedures and
responsibilities for the surrender of soldiers to civilian law
enforcement authorities. It is the policy of the Department of the Army
to cooperate with civilian authorities unless the best interest of the
Army will be prejudiced.
(b) Provost marshals assist in the delivery of a soldier to civilian
authorities per this regulation and applicable personnel management
regulations. AR 630-10, Chapter 7, provides personnel management
policies and procedures on the surrender of soldiers to civilian
authorities.

Sec. 630.31 CONUS.

(a) Generally, provost marshal activity is limited to ensuring that
a military detainer is prepared and signed when surrendering a soldier
to civilian law enforcement officials (see figure 630.1 of this part).
(b) There is no statutory authority for a commander to deliver a
soldier to a bail bondsman or surety. The surety must coordinate with
the installation Staff Judge Advocate and the Commander of the soldier
prior to attempting to apprehend the soldier. To preserve peace and
order on the installation, military police will accompany the surety to
observe the surety taking custody of the soldier.

Sec. 630.32 Responsibilities.

(a) In foreign countries, the authority of U.S. military personnel
to apprehend, detain and deliver U.S. personal to civil authorities of
foreign countries is governed by the provisions of international
agreements. AR 27-50, and the laws of the host nation. The extent of the
authority in a particular country is determined from directives
published by the OCONUS MACOM Commander.
(b) Chief, DAMO-ODL--(1) Coordinates approved requests for surrender
of the soldier with the civilian law enforcement agency or prosecuting
attorney's office requesting surrender of the soldier. Transportation
costs of the soldier from the point of debarkation are the
responsibility of the requesting agency.
(2) Coordinates surrender of the soldier with the felony warrant or
extradition division of the civilian law enforcement agency or Federal
law enforcement agency at the point of debarkation.
(3) Contacts the CONUS installation provost marshal with area of
responsibility for assistance in the surrender of the soldier.

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(c) MACOM Provost Marshal--(1) If requested by the General Court-
Martial convening authority or designee, arranges escort of the soldier
to the point of embarkation or debarkation in CONUS.
(2) Notifies Chief, DAMO-ODL, of the departure date, time, flight
number, and the name of the individual(s) who will escort the soldier,
if applicable.
(d) CONUS Provost Marshal with area of responsibility--(1) Prepares
a military detainer for the soldier to be surrendered.
(2) Meets the aircraft, assists in the surrender of the soldier, and
presents the military detainer.
(3) Provides a copy of the detainer and attachment order to the
commander of the PCF or the unit to which the solider will be attached.

Figure 630.1 to Part 630--Sample Military Detainer

I, (name of civilian representative) an official agent representing
(name and address of civilian jurisdiction), accept custody and control
of (grade, name, social security number), a U.S. Soldier, for trail on a
charge (state offense(s)), I agree, on behalf of the jurisdiction named
above, to inform the Commander, (installation address), of results of
the judicial process and to return the solider at no expense to the Army
or the soldier to said Army installation unless a place nearer the
civilian jurisdiction is designed by Department of the Army. The soldier
will be returned immediately on dismissal or other disposition of
charges facilitating return of the soldier. When disposition precludes
immediate return of the soldier following litigation, I will furnish
results of the judicial process and information concerning the earliest
possible date the soldier might be returned to Army control. I will also
advise the designated commander whenever the location of incarceration
of the soldier changes or whether soldier is released on bail or bond. I
understand the above commander will advise the civilian jurisdiction
which I represent if the soldier's return to military custody is no
longer desired. I was furnished a copy of this agreement on (date).

(signature)
(position)
(name of jurisdiction)
(Address of jurisdiction)

Appendix A to Part 630--References

Publications and forms referenced in this part may be viewed at the
Office of Provost Marshal at any Army installation. Department of
Defense publications are also available from the National Technical
Information Service, U.S. Department of Commerce, 5285 Port Royal Road,
Springfield, VA 21161; telephone (703) 487-4684.

Required Publications

AR 5-9--Intraservice Support Installation Area Support Coordination
(cited in Sec. 630.4)
AR 27-50--Status of Forces Policies Procedures and Information (Cited in
Sec. 630.19 and Sec. 630.30)
AR 190-45--Military Police Law Enforcement Reporting (Cited in
Sec. 630.7 and Sec. 630.9)
AR 190-47--The United States Army Correctional System (Cited in
Sec. 630.22 and Sec. 630.25)
AR 630-10--Absence Without Leave, Desertion, and Administration of
Personnel involved in Civilian Court Proceedings (Cited in
Sec. 630.8 and Sec. 630.30)
Manual for Court-martial, United States (Cited in Sec. 630.8)

Related Publications

A related publication is merely a source of additional information.
The user does not have to read it to understand this publication.

AR 37-104-3--Military Pay and Allowance Procedures: Joint Uniform
Military Pay System Army (JUMPS-A1RR)
AR 55-355--Defense Traffic Management Regulation

Prescribed Forms

DD Form 616--Report of Return of Absentee (Prescribed in Sec. 630.4,
Sec. 630.14, Sec. 630.15, Sec. 630.16, Sec. 630.20,
Sec. 630.24 and Sec. 630.29)

Referenced Forms

DA Form 2804--Crime Records Data Reference
DA Form 3975--Military Police Report
DA Form 3997--Military Police Desk Reference
DA Form 4833--Commander's Report of Disciplinary or Administrative
Action
DA Form 369--Police Record Check
DA Form 460--Provisional Pass
DD Form 553--Deserter/Absentee Wanted by the Armed Forces
SF 1034--Public Voucher for Purchases and Services Other than Personal

Appendix B to Part 630--Glossary

Abbreviations

AAPS--Army Procurement Procedure Supplement
ARNG--Army National Guard
AWOL--absent without leave
BAS--basic allowance for substance
CG--commanding general

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CONUS--Continental United States
DCSPER--Deputy Chief of Staff for Personnel
DCSOPS--Deputy Chief of Staff for Operations and Plans
DFR--dropped from the rolls
DIS--Defense Investigative Service
DSN--Defense Systems Network
EMF--enlisted master file
FAR--Federal Acquisition Regulation
FAS--Federal Acquisition Supplement
FBI--Federal Bureau of Investigation
MAC--Military Airlift Command
MACOM--major Army command
NCIC--National Crime Information Center
NLETS--National Law Enforcement Telecommunication System
OCONUS--outside Continental United States
PCF--Personnel Control Facility
PERSCOM--U.S. Army Total Personnel Command
PERSINSCOM--U.S. Army Personnel Information Systems Command
RMC--return to military control
ROTC--Reserve Officer Training Course
TR--Transportation request
UCMJ--Uniform Code of Military Justice
USACIDC--U.S. Army Criminal Investigation Command
USACRC--U.S. Army Crime Records Center
USADIP--U.S. Army Deserter Information Point
USAEREC--U.S. Army Enlisted Records and Evaluation Center
USAR--U.S. Army Reserve

Terms

Coordinating agent--A person within a staff agency of CONUS command
or CONUS installation who is responsible for coordinating and monitoring
the absentee and deserter program.
Desertion--A violation of Article 85, UCMJ. It applies to any member
of the Armed Forces who commits any of the following:
(a) Not used.
(1) Without authority goes or remains absent from his or her unit,
organization, or place of duty with intent to remain away therefrom
permanently.
(2) Quits his or her unit, organization, or place of duty with
intent to remain away therefrom permanently.
(3) Without being regularly separated from one of the Armed Forces
enlists or accepts an appointment in the same or another one of the
Armed Forces without fully disclosing the fact that he or she has not
been regularly separated, or enters any foreign Armed Service except
when authorized by the United States. (This provision has been held not
to state a separate offense by the United States Court of Military
Appeals in United States v. Huff, 7 U.S.C.M.A. 247.22 C.M.R. 37 (1956).
(4) Any commissioned officer of the Armed Forces who, after tender
of his or her resignation and before notice of its acceptance, quits his
or her post or proper duties without leave and with intent to remain
away therefrom permanently is guilty of desertion.
(b) Deserters are classified as defectors when they commit any of
the following:
(1) Have escaped to another country and are outside the jurisdiction
and control of the United States.
(2) Are unwilling to return to the United States.
(3) Are of special value to another country.
(4) Have repudiated the United States when beyond its jurisdiction
or control.
Deserter control officer--A commissioned officer (normally a
battalion or unit adjutant) appointed in desertion cases to ensure that
documentation on deserters dropped from the rolls is provided in a
timely manner.
Detainer--A written notice to civil authorities that a person in
their custody is an absentee of the Army or serving on active duty with
the Army and that military authorities desire to take custody on
release.
Dropped from the rolls of a unit--An administrative action that
drops an absentee from the strength accountability of a unit.
Dropped from strength--A strength accounting procedure used to
exclude personnel from the operating strength of the Army.
National Crime Information Center--A computerized police information
system established by the Federal Bureau of Investigation to serve
participating law enforcement agencies.
Personal Assistance Point--Agencies of the U.S. Army Total Personnel
Command located at aerial ports of embarkation or debarkation to assist
Army transient personnel enroute to or returning from overseas.
Personnel Control Facility--An organization that processes absentees
returned to military control from an unauthorized absence. These
facilities ensure proper disposition of returnees.
Special category absentee--A soldier reported AWOL who had access to
top secret information during the last 12 months or is currently
assigned to a special mission unit.
Special mission unit--A unit assigned a mission of such
extraordinary sensitivity as to require specific management, oversight,
and employment consideration.
Unavoidable absence--An unauthorized absence that happened through
no fault of the absentee and no fault of the Government.
Unit--An organization, agency, or activity.
Unit commander--The commander of an absentee's or deserter's unit of
assignment or attachment.
U.S. Army Deserter Information Point--The focal point with the Army
for controlling, verifying, accounting, and disseminating data on
individuals administratively classified as deserters.

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