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Letter Required when Delivery is Refused
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Responsibilities - 14134_295
STATE REQUESTS State officials may request delivery of prisoners in military custody under Section 2, Article IV, of the Interstate Agreement on Detainers Act. Where a de- tainer has been lodged against the prisoner and the prisoner  is  serving  a  sentence  (regardless  of  whether an appeal is in process), delivery is mandatory unless the request is disapproved by the Director of the Bu- reau of Prisons, Washington DC 20537, as the desig- nee of the Attorney General for this purpose. There is no further delegation to military authority. The prisoner should be informed that he or she may  request  the  Director  of  the  Bureau  of  Prisons within 30 days after such request is received to deny the request. Upon the expiration of such 30-day pe- riod or upon the Director of the Bureau of Prisons’ denial  of  the  prisoner’s  request,  whichever  occurs first, the prisoner is then delivered to the requesting authority. PRISONER REQUESTS The  obligation  to  grant  temporary  custody  under the Interstate Agreement on Detainers Act also ap- plies to prisoners’ requests to be delivered to state authority, Section 2, Article III(c), of the Detainers Act requires the custodial official to inform the pris- oner of the existence of any detainer and of the pris- oner’s  right  to  request  disposition.  The  prisoner’s request is directed to the custodial official who must send  it  to  the  appropriate  prosecuting  official  and court, with a certificate of prisoner status. ARTICLE 14, UCMJ When a request for custody does not invoke the Interstate Agreement on Detainers Act, delivery of custody is governed by Article 14, UCMJ, and JAG- MAN, sections 0603 through 0610. The request will be  honored  unless,  in  the  exercise  of  discretion,  there is an overriding reason for retaining the accused in military  custody;  for  example,  additional  courts-mar- tial are to be convened or the delivery would severely prejudice  the  prisoner’s  appellate  rights. Execution  of  the  agreement  discussed  previously is a condition precedent to delivery to state authori- ties.  It  is  not  required  before  delivery  to  federal authorities.  Unlike  delivery  under  the  Detainers  Act, delivery  of  custody  pursuant  to  Article  14,  UCMJ, interrupts execution of the court-martial sentence. The  form  shown  in  figure  10-3  with  proper  modi- fication should be used in reporting refusal of delivery of  prisoners. REQUEST FOR DELIVERY OF PERSONNEL SERVING SENTENCE OF A STATE COURT Ordinarily,  personnel  serving  protracted  sen- tences  resulting  from  a  state  criminal  conviction  will be processed for administrative discharge by reason of misconduct. See the MILPERSMAN. It may, how- ever, be in the best interest of the naval service to retain  a  member,  charged  with  a  serious  offense  sub- ject  to  military  jurisdiction,  to  try  the  member  by court-martial.  The  vehicle  available  for  obtaining temporary   custody   of   incarcerated   personnel   for prosecution is a request to the state under the Inter- state  Agreement  on  Detainers  Act. Military authorities may use the Interstate Agree- ment on Detainers Act to obtain temporary custody of a member incarcerated in a state institution, pursuant to conviction by a state court and to resolve criminal charges against the member that are cognizable before a  court-martial. DETAINER If a command chooses to use the Detainers Act, the CO of the responsible NLSO must file a detainer with  the  warden,  commissioner  of  corrections,  or other state official having custody of the member. The detainer must identify the member with exactness, listing the military charges pending against the mem- ber, and requesting the command be notified in ad- vance of any intention to release the member from confinement. REQUEST  FOR  DELIVERY As soon as possible after filing the detainer, the CO of the cognizant NLSO must prepare a written request  for  temporary  custody  of  the  incarcerated member addressed to the state official charged with administration of the state penal system. The request must  designate  the  person(s)  to  whom  the  member  is to be delivered and must be sent via the military judge to whom the member’s case has been assigned. If the request is properly prepared, the military judge will approve,  record,  and  send  the  request  to  the  addressee official. The Detainers Act provides the state with a 30-day period after receipt of the request before the 10-8

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