1301 DELIVERY WHEN PERSONNEL WITHIN TERRITORIAL LIMITS OF THE REQUESTING STATE

in cases in which the delivery of any person in the Navy or Marine Corps is requested by local civil authorities of a State, Territory, or Commonwealth for an alleged offense punishable under the laws of that jurisdiction, and such person is attached to a Navy or Marine Corps activity within the requesting jurisdiction, or aboard a ship within the territorial waters of such jurisdiction, commanding officers are authorized to and normally will deliver such person when a proper warrant is presented, subject to exceptions in section 1308.

1302 DELIVERY WHEN PERSONNEL

BEYOND TERRITORIAL LIMITS OF
REQUESTING STATE

a. General. In all cases in which the delivery of any person in the Navy or Marine Corps is wanted by State, Territory, or Commonwealth civil authorities for an alleged crime or offense made punishable by the laws of the jurisdiction making the request, and such person is not attached to a Navy or Marine Corps activity within such requesting State, Territory, or Commonwealth, or a ship within the territorial waters thereof, any officer exercising general courtsmartial jurisdiction, or officer designated by him, is authorized, upon compliance with the provisions of this section and §§1305, 1306, and 1309 and subject to the exceptions in section 1308, to deliver such person for the purpose of making him amenable to prosecution. The serviceman may be delivered upon formal or informal waiver of extradition in accordance with subsection b, or upon presentation of a fugitive warrant, in which case the procedures of subsection c apply.

b. Waiver of extradition.

(1) Any person may waive formal extradition. A waiver must be in writing and witnessed. It must include a statement that the person signing it has received counsel of either a military or civilian attorney prior to executing the waiver, and it must further set forth the name and address of the attorney consulted. The form for waiver should be substantially as that suggested in Appendix A-13-a.,

(2) In every case where there is any doubt as to the voluntary nature of a waiver, such doubt shall

be resolved against its use and all persons concerned will be advised to comply with the procedures set forth in subsection c below.

(3) Executed copies of all waivers will be mailed to the Judge Advocate General immediately after their execution.

(4) When an individual declines to waive extradition, the nearest naval legal service office or Marine Corps staff judge advocate shall be informed and shall make further representations to the civil authorities as appropriate. The individual concerned shall not be transferred or ordered out of the State in which he is then located, without the permission of the Secretary of the Navy (Judge Advocate General), until the matter of extradition is resolved.

c. Fugitive warrants.

(1) A fugitive warrant, as used in this chapter, is a warrant for the arrest of an individual issued by a State court of competent jurisdiction. Normally, a State requesting delivery of a serviceman from another State will issue a fugitive warrant to the State where the serviceman is then located.

(2) Upon issuance of a fugitive warrant by the requesting State to the State in which the serviceman is located, the latter State will normally request delivery of the serviceman to local State authorities. Delivery to local State officials should be arranged by Navy or Marine Corps officers designated in subsection a of this section and subject to the conditions of section 1308 and paragraphs (3) and (4) of this subsection.

(3) Upon receipt of such a request for delivery of a serviceman under fugitive warrant to such State authorities, if such serviceman voluntarily waives extradition, the provisions of subsection b, above, apply. If waiver is refused, the serviceman, after delivery to local State authorities, will then have the opportunity to contest extradition in the courts of the State in which he is located. Where waiver is refused, the nearest naval legal service office or Marine Corps staff judge advocate is responsible for effecting liaison with officials of both the requesting State and State in which the serviceman is located. The provisions of paragraph (4) of subsection b above regarding transfer of the serviceman apply while State authorities are actively proceeding to effect extradi

tion.

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