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of these situations and the procedures to follow when
delivery is refused are discussed as follows.
Disciplinary Proceedings Pending
When disciplinary proceedings involving mili-
tary offenses are pending, obtain legal guidance from
a judge advocate of the Navy or Marine Corps before
delivery of personnel to federal, state, territory, com-
monwealth, or local authorities if reasonably practi-
cal.
When Delivery May Be Refused
Delivery may be refused only in the following
limited circumstances:
. Where the accused has been retained for prose-
cution for serious military offenses as defined in the
JAGMAN
l When the CO considers that extraordinary cir-
cumstances exist that indicate delivery should be re-
fused
REPORT REQUIRED WHEN
DELIVERY IS REFUSED
In any case where it is intended that delivery will
be refused, you must report the circumstances to JAG
by telephone, or by message if telephone is impracti-
cal. The initial report is confirmed by letter setting
forth a full statement of the facts. The letter should be
as shown in figure 10-3. You also must send a copy of
the report to the area coordinator.
MEMBERS RELEASED ON BAIL OR
ON THEIR OWN RECOGNIZANCE
A member of the Navy or Marine Corps arrested
by federal, state, or territory authorities and released
on bail or on his or her own recognizance has a duty
to return to his or her parent command. Accordingly,
where a member of the Navy or Marine Corps is
arrested by federal, state, or territory authorities and
returns to his or her ship or station on bail or on his or
her own recognizance, the CO after checking the
facts, date of trial, and approximate length of time
needed should grant liberty or leave to permit appear-
ance for trial, unless this would have a serious nega-
tive impact on the command. If liberty or leave is not
granted, a judge advocate of the Navy or Marine
Corps should immediately be requested to act as liai-
son with the court.
Nothing in this chapter is to be construed as per-
mitting the member arrested and released to avoid the
obligations of bond or of his or her recognizance by
reason of his or her being in the military service.
REQUESTS TO INTERVIEW SERVICE
MEMBERS OR CIVILIAN
EMPLOYEES BY FEDERAL CIVILIAN
INVESTIGATIVE AGENCIES
Requests by the Federal Bureau of Investigations,
Naval Criminal Investigative Service, or other federal
civilian investigative agencies to interview service
members or civilian employees of the DON suspected
or accused of crimes should be promptly honored. If
there is any refusal of such a request, you must imme-
diately report it to JAG, or the Office of General
Counsel, as appropriate, by telephone, or by message
if telephone is impractical.
REQUEST FOR DELIVERY OF A
SERVICE MEMBER SERVING
SENTENCE OF A COURT-MARTIAL
Authority to honor the requests for delivery of
military personnel serving a sentence of court-martial
is provided by Article 14, UCMJ (10 U.S.C. $ 814).
Although seldom used, additional authority and man-
datory obligation to deliver such personnel are pro-
vided by the Interstate Agreement on Detainers Act
(18 U.S.C. Appendix, Section 9) which applies to the
federal agency holding the prisoner. The DON, as an
agency of the federal government, must comply with
the Detainers Act.
The Detainers Act is designed to avoid speedy
trial issues and to aid in rehabilitation efforts by secur-
ing a greater degree of certainty about a prisoner’s
future. The act provides a way for the prisoner to be
tried on charges pending before state courts, either at
the prisoner’s request or at the request of the state
where the charges are pending. A report is required
when delivery is refused.
Upon request under the Interstate Agreement on
Detainers Act by either the prisoner or state authori-
ties, the responsible Navy or Marine Corps SJA will
communicate with the appropriate state officials and
make sure the cognizant commanders act on all such
requests.
10-6
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