[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR631.15]

[Page 24-25]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-INSTALLATION MILITARY ENFORCEMENT SERVICES--Table of Contents
 
        Subpart C--Off-Installation Military Enforcement Services
 
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

[[Page 25]]

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.