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Page Title: Chapter 10 Delivery of Personnel
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Action by the Separation Authority - 14134_286
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Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
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Waiver of Extradition - 14134_288
CHAPTER 10 DELIVERY OF PERSONNEL Whether you are assigned to a small legal office or  to  a  larger  naval  legal  service  office  (NLSO)  or NLSO  detachment,  you  will  probably  become  in- volved  with  the  preparation  of  various  documents associated with the delivery of personnel and waiver of extradition. This chapter is designed to provide you with  background  information  associated  with  the  de- livery of personnel, waivers of extradition, and ser- vice  of  process  and  subpoenas. DELIVERY There are varying circumstances you must con- sider  when  you  receive  a  request  for  delivery  of  a member. Questions can arise on matters of jurisdic- tion, extradition, and agreements that must be exe- cuted.   The   following   discussion   of   these circumstances  is  provided  to  give  you  an  under- standing  of  the  factors  involved. PERSONS REQUESTED BY STATE AUTHORITIES IN CRIMINAL CASES The first part of this chapter deals with requests by state authorities for the surrender of service mem- bers  or  civilians  according  to  arrest  warrants  or  simi- lar  process.  This  is  commonly  done  in  connection with a criminal prosecution. Responding to such re- quests by a state for delivery of service members or civilian employees involves balancing the federal in- terests in preserving sovereign immunity and the pro- ductivity,  peace,  good  order,  and  discipline  of  the installation against the right of the state to exercise its jurisdiction.  Additionally,  by  regulation,  Navy  and Marine  Corps  authorities  are  limited  in  the  extent  to which they can directly assist such an act. Commands should respond to such requests by using the mini- mum authority necessary to preserve federal interests without unduly restricting state jurisdiction. WITHIN TERRITORIAL LIMITS OF REQUESTING  STATE When the delivery of any person in the Navy or Marine  Corps  is  requested  by  local  and  state  civil authorities  of  a  state,  territory,  or  commonwealth  for 10-1 an alleged offense punishable under the laws of that jurisdiction, and such person is located at a Navy or Marine Corps installation within the requesting juris- diction,  or  aboard  a  ship  within  the  territorial  waters of such jurisdiction, commanding officers (COs) are authorized to and normally will deliver such person when  a  proper  warrant  is  issued.  In  the  case  of  a service member, delivery can only be carried out after compliance with the  Manual of the Judge Advocate General (JAGMAN) subject to the exceptions noted in the JAGMAN. You should consult a judge advo- cate of the Navy or Marine Corps before delivery is carried out if a judge advocate is reasonably available. The previous rule applies equally to civilian em- ployees and civilian contractors and their employees when located on a Navy or Marine Corps installation. Commands should normally not become actively in- volved  in  civilian  law  enforcement.  When  a  command has determined that a person is to be delivered in response to a valid warrant, you should consider the following guidance. If the person to be delivered is a military member, the member may be ordered to re- port to the location designated by the CO and surren- der  to  civil  authorities  under  Article  14,  Uniform Code of Military Justice (UCMJ). If the person to be delivered is a civilian, the person may be invited to report  to  the  designated  space  for  delivery.  If  the civilian refuses, the civilian authorities may be es- corted  to  a  place  where  the  civilian  is  located  so delivery may be performed. A civilian who works in a classified area can be directed to leave his or her immediate  work  area  to  avoid  any  compromise  of classified material. When it is required to have civil- ian law enforcement personnel go to the work center of  an  individual,  it  should  be  done  with  minimum interference  to  good  order  and  discipline. BEYOND TERRITORIAL LIMITS OF REQUESTING  STATE When the delivery of any person in the Navy or Marine  Corps  is  requested  by  state,  territory,  or  com- monwealth civil authorities for an alleged crime or offense  punishable  by  the  laws  of  the  jurisdiction making the request, and the person is not attached to a Navy or Marine Corps activity within the requesting

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