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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
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