[Title 32 CFR C]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter V - DEPARTMENT OF THE ARMY (CONTINUED)]
[Subchapter I - LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS]
[Part 631 - ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES]
[Subpart C - Off-Installation Military Enforcement Services]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE42002-07-012002-07-01falseCSubpart CNATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE ARMY (CONTINUED)LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONSARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES
        Subpart C--Off-Installation Military Enforcement Services



Sec. 631.12  Objectives.

    The primary objectives of off-installation enforcement are to--
    (a) Render assistance and information to Armed Forces personnel.
    (b) Reduce the incidence of off-installation military offenses 
committed by Armed Forces personnel.
    (c) Enforce the UCMJ and other pertinent regulations, directives, 
and orders among persons subject to the UCMJ.
    (d) Maintain effective liaison and cooperation with civil law 
enforcement and judicial agencies.
    (e) Enhance apprehension efforts and return to military control 
absentees and deserters wanted by the Armed Forces.
    (f) Maintain good community relations.
    (g) Assist in the return of military members detained by civil 
authorities to military control.



Sec. 631.13  Applicability.

    This chapter applies to off-installation enforcement activities. It 
does not apply to the activities of AFDCBs which were discussed in 
subpart B. It is not applicable to the U.S. Navy.



Sec. 631.14  Responsibilities.

    (a) Commanders of military installations will recognize the 
responsibility of civil authorities for the maintenance of peace and 
order in those areas not under military jurisdiction or control. They 
should--
    (1) Conduct off-installation law enforcement in accordance with 
applicable Service policies and procedures.
    (2) Coordinate the liaison functions to accomplish the objectives 
outlined in paragraph 3-1.



Sec. 631.15  Policy (for Army only).

    (a) Within CONUS. (1) Normally, off-post patrols will not be 
established in CONUS. However, MACOM commanders may authorize military 
police to establish off-installation patrols if needed--
    (i) In conjunction with military operations.
    (ii) To safeguard the health and welfare of Army personnel.
    (iii) When the type of offenses or the number of military personnel 
frequenting an area is large enough to warrant such patrols.
    (2) In view of the important legal implications involved (see 18 
U.S.C. 1385, the Posse Comitatus Act), the advice of the local Staff 
Judge Advocate should be sought prior to the implementation of such an 
authorization. When possible, MACOM commanders will execute a mutually 
acceptable written agreement with the civil police authorities.
    (b) OCONUS. Off-post patrols will be kept at a minimum for mission 
accomplishment. Commanders of MACOMs may authorize off-post patrols as 
required by local conditions and customs

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as long as these patrols are in accordance with applicable treaties and 
Status of Forces Agreements.
    (c) Military police personnel selected for off-post patrols must be 
experienced in law enforcement and have mature judgment. They must be 
thoroughly familiar with all applicable agreements and implementing 
standard operating procedures. They must understand the implications of 
the Posse Comitatus Act as it pertains to military law enforcement 
personnel assisting local law enforcement agencies.
    (d) At a minimum, instructions to military police assigned to off-
post patrols will specifically state that if they accompany civil 
police, they will do so for the sole purpose of enforcing the UCMJ among 
persons subject to the code. Their instructions will also specifically 
state that they are under the command and directly responsible to their 
military superiors and that they exercise no authority over the civil 
police or the civil populace. Accordingly, military police should be 
instructed that they are not to exercise any authority in a case of 
misconduct or apparent law violation unless the person concerned has 
been identified as a member of the military service. However, military 
law enforcement personnel may come to the aid of civil police in order 
to prevent the commission of a felony or injury to a civilian police 
officer.



Sec. 631.16  Policy (for Navy only).

    (a) Off-base law enforcement activities by naval personnel (CONUS 
and Hawaii) shall be limited to liaison functions with civilian law 
enforcement agencies and courts and to the acceptance of ``courtesy 
turnovers.''
    (b) The court liaison function is limited to the provision of an 
official Navy point of contact for the courts, to the provision of 
advice for individuals and local commands, and to court appearance with 
individuals from deployed commands.
    (c) Courtesy turnovers will be limited to those persons whose 
behavior and attitude are acceptable and who desire to be returned to 
the custody of their parent command.
    (d) Courtesy turnovers will be accepted from jails, police stations, 
etc., but not directly from police officers on the scene of an incident.



Sec. 631.17  Policy (for Marine Corps only).

    (a) Within CONUS. (1) Normally, off-installation patrols will not be 
established in CONUS. However, installation commanders may request 
authority from HQMC (Code MPH) to establish off-installation patrols if 
needed.
    (i) In conjunction with military operations.
    (ii) To safeguard the health and welfare of Marine personnel.
    (iii) When the type of offenses or the number of military personnel 
frequenting an area is large enough to warrant such patrols.
    (2) In view of the important legal implications involved (see 18 
U.S.C. 1382, the Posse Comitatus Act as made applicable to DoN) the 
advice of the local staff judge advocate/legal officer should be sought 
prior to the implementation of such an authorization. When possible, 
installation commanders will execute a mutually acceptable written 
agreement with the civil police authorities.
    (b) Overseas Areas. Off-installation patrols will be kept at minimum 
for mission accomplishment. Commanders of installations may authorize 
off-installation patrols as required by local conditions and customs as 
long as these patrols are in accordance with applicable treaties and 
Status of Forces Agreements.
    (c) Personnel selected for off-installation patrols must be 
experienced in law enforcement and have mature judgment. They must be 
thoroughly familiar with all applicable agreements and implementing 
standard operating procedures. They must understand the implications of 
the Posse Comitatus Act as it pertains to military law enforcement 
personnel assisting local law enforcement agencies.
    (d) At a minimum, instructions to military police assigned to off-
installation patrols will specifically state that if they accompany 
civil police, they will do so for the sole purpose of enforcing the UCMJ 
among persons subject to the code. Their instructions will also 
specifically state that they are

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under the command and directly responsible to their military superiors 
and that they exercise no authority over the civil police or the civil 
populace.

Accordingly, military police should be instructed that they are not to 
exercise any authority in a case of misconduct or apparent law violation 
unless the person concerned has been identified as a member of the 
military service. However, military law enforcement personnel may come 
to the aid of civil police in order to prevent the commission of a 
felony or injury to a civilian police officer.
    (e) Absentee and deserter collection units to accept active duty 
absentee or deserter military personnel from civilian authorities may be 
established.
    (f) Civil police and civil court liaison may be established.
    (g) Installation commanders are authorized to establish other 
activities deemed necessary, provided each activity is within the scope 
of military purpose and authority, i.e., apprehensions where authorized 
by UCMJ, courtesy patrols, etc.



Sec. 631.18  Policy (for Air Force only).

    See section B, AFR 125-19, for Air Force policy on off-installation 
patrols.



Sec. 631.19  Operations.

    (a) In CONUS, incidents occurring off-installation normally are 
investigated by civil law enforcement agencies. These include State, 
county, or municipal authorities or a Federal investigative agency. When 
an incident of substantial interest to the U.S. Army occurs off-
installation, the Armed Forces law enforcement organization exercising 
area responsibility will obtain copies of the civil law enforcement 
report. These are incidents that involve Army property or personnel. The 
civil law enforcement report would be processed according to applicable 
Service regulations.
    (b) In oversea areas, off-installation incidents will be 
investigated in accordance with Status of Forces agreements and other 
appropriate U.S.-host country agreements.
    (c) Off-installation enforcement operations may include the 
following activities:
    (1) Town patrol.
    (2) Town military police.
    (3) Air Force Security Police patrols and stations.
    (4) Civil police and civil court liaison.
    (5) Public carrier and civilian transportation terminal patrols.
    (6) Acceptance of active duty absentee or deserter military 
personnel turned over to Service police by civilian authorities.
    (7) Other activities deemed necessary, provided each activity is 
within the scope of military purpose and authority.
    (d) Activities in c above will be performed according to the Service 
policies in Secs. 631.15 through 631.17. They will be based on the need 
and the fiscal and manpower restraints imposed by each Service. If 
practical, mutual agreements between two or more Services may be made to 
facilitate the conduct of joint Service off-installation enforcement 
services and absentee apprehension functions.
    (e) Armed Forces law enforcement personnel will--
    (1) Act under the command of, and be responsible to, military 
superiors and will not be placed under the control of civil authorities.
    (2) Exercise authority over civil law enforcement agencies or 
persons not subject to the UCMJ only when they are on a military 
installation.
    (3) Be authorized to apprehend persons subject to the UCMJ when 
there exists a reasonable belief that an offense under the code has been 
committed and that the person to be apprehended committed the offense. 
Civilians committing offenses on US military installations may be 
detained for the appropriate Federal, State, or local law enforcement 
agency.
    (4) Return apprehended persons to representatives of their 
respective Services as soon as practicable.
    (5) Process all reports received from other law enforcement agencies 
concerning crimes committed by military personnel, involving military 
property, or in which DOD has an interest.

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