[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: 32CFR884.7]

[Page 203]
 
                        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. 884.7  Requests by state and local authorities when the requested 
member is located in that state.

    (a) The Air Force normally will turn over to the civilian 
authorities of the state, upon their request. Air Force members charged 
with an offense against state or local law. Each request by such 
civilian authorities for the surrender of a member of the Air Force 
should normally be accompanied by a copy of an indictment, information, 
or other document used in the state to prefer charges, or a warrant that 
reflects the charges and is issued by a court of competent jurisdiction.
    (b) Before making delivery to civilian authorities of a state, the 
commander having authority to deliver will obtain a written agreement, 
substantially in the form of Sec. 884.18, from a duly authorized 
officer of the state.
    (c) Where the state authority cannot agree to one or more of the 
conditions set out in the form, the commander may authorize 
modification. The requirements of the agreement are substantially met 
when the state authority informs the accused's commander of the 
accused's prospective release for return to military authorities and 
when the state furnishes the accused transportation back to his or her 
station, together with necessary funds to cover incidental expenses en 
route. The accused's commander provides copies of the statement or 
agreement of this section and in Sec. 884.6(b) to the civilian 
authority to whom the member was delivered and to the Air Force unit, 
activity, or recruiting office nearest to the place of trial designated 
in the agreement as the point of contact in the event of release on bail 
or on recognizance (see Sec. 884.4). The accused's commander 
immediately notifies the civilian authority if the member has been 
discharged from the Air Force.