[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR884.11]

[Page 204-205]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 884_DELIVERY OF PERSONNEL TO UNITED STATES CIVILIAN AUTHORITIES 
FOR TRIAL--Table of Contents
 
Sec. 884.11  Procedures for return of an Air Force member to the United 
States.

    (a) Include the following information in a request for return of an 
Air Force member to the United States for delivery to civilian 
authorities.
    (1) Fully identify the member sought by providing the member's name, 
grade, SSN, and unit of assignment, to the extent the information is 
known.
    (2) Specify the offense for which the member is sought. If the 
member is charged with a crime, specify the maximum punishment under the 
laws of the requesting jurisdiction. Specify whether the member is 
sought in connection with the unlawful or contemptuous taking of a child 
from the jurisdiction of a court or the lawful custody of another.
    (3) Include copies of all relevant requests for assistance, 
indictments, information, or other instruments used to bring charges, 
all relevant court orders or decrees, and all arrest warrants, writs of 
attachment or capias (writs authorizing arrests), or other

[[Page 205]]

process directing or authorizing the requesting authorities to take the 
member into custody. Also, include reports of investigation and other 
materials concerning the background of the case if reasonably available.
    (4) Indicate whether the requesting authorities will secure the 
member's lawful delivery or extradition from the port of entry to the 
requesting jurisdiction, whether they will do so at their own expense, 
and whether they will notify HQ AFLSA/JAJM of the member's release from 
custody and of the ultimate disposition of the matter.
    (5) Any U.S. attorney or assistant U.S. attorney, governor or other 
duly authorized officer of a requesting state or local jurisdiction, or 
the judge, magistrate, or clerk of a court of competent jurisdiction 
must sign the request.
    (b) Civilian authorities making requests for return of members to 
the United States for delivery to them should direct their request to HQ 
AFLSA/JAJM. If another Air Force agency or official receives the 
request, immediately send it to HQ AFLSA/JAJM.
    (c) Upon receipt of a request, HQ AFLSA/JAJM promptly notifies the 
member's commander, who consults with the servicing staff judge 
advocate. The commander provides a report of relevant facts and 
circumstances and recommended disposition of the request through command 
channels to HQ AFLSA/JAJM. If the commander recommends denial of the 
request or a delay in processing or approving it, the commander provides 
the information specified in Sec. 884.12(a)(1) through (a)(4) or Sec. 
884.13(a)(1) through (a)(4).
    (d) After proper authority has approved a request for return of a 
member to the United States for delivery to civilian authorities, HQ 
AFLSA/JAJM notifies AFPC of the decision to return the member to the 
United States. AFPC issues permanent change of station (PCS) orders, 
assigning the member to an installation as close to the requesting 
jurisdiction as possible, considering the needs of the Air Force for 
personnel in the member's rank and AFSC.
    (e) HQ AFLSA/JAJM notifies requesting authorities of the member's 
new assignment, port of entry into the United States and estimated time 
of arrival. Except during unusual circumstances, HQ AFLSA/JAJM notifies 
requesting authorities at least 10 days before the member's return.