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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
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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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