[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: 32CFR631.17]

[Page 25-26]
 
                       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. 631.17  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

[[Page 26]]

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.