Military Deserter Procedures PDF

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 02-28-2019 02-28-2019 19-01 SUBJECT...

KANSAS CITY MISSOURI POLICE DEPARTMENT DATE OF ISSUE EFFECTIVE DATE NO. PROCEDURAL INSTRUCTION 02-28-2019 02-28-2019 19-01 SUBJECT AMENDS Arrests of Military Deserters REFERENCE RESCINDS Title 10, USC, Uniform Code of Military Justice, PI 13-2 Section 808, Article 8, Section 885, Article 85 and Section 886, Article 86, RSMo. 84.710 (2) I. INTRODUCTION To set forth policies and procedures to follow when contacting subjects that are listed in the National Crime Information Center (NCIC) as military deserters or absent without leave (AWOL) from military service. II. TERMINOLOGY A. AWOL- A military service member is considered to be absent without leave (AWOL) if the member, without authority, fails to go to his/her appointed place of duty at the time prescribed; goes from that place; or is absent or remains absent from his/her unit, organization, or place of duty. A service member classified as AWOL will not be arrested for this type of military status. B. Deserter- A military deserter is defined as a service member who, without authority, goes or remains absent from his/her unit, organization, or place of duty with the intent to remain away permanently. A service member classified as a deserter is considered to be a felony offender. *III. PROCEDURE A. A member may detain a service member, pending NCIC verification, based on information received from a reliable source (family member, etc.). Members will verify wanted status by contacting the subject’s assigned military branch of service. Military branch contact information is located on the attached contact list. B. Subjects Classified As AWOL: 1. AWOL subjects will not be arrested. Any information regarding AWOL personnel will be forwarded to the proper military branch by telephone. 2. When requested to do so, members may accompany military authorities to take an AWOL subject into custody. The military authorities will take custody of the service member immediately and the subject will not be booked at a Department detention facility. A notation identifying the subject, the charges, and the identification of the military authorities taking custody will be made on the member’s Daily Activity Sheet.  3. When an AWOL service member contacts a member to request information regarding surrendering to military authorities, the service member will be advised to respond (utilizing their own transportation) to Fort Leavenworth in Leavenworth, Kansas or Whiteman Air Force Base in Knob Noster, Missouri. An AWOL service member may also respond (utilizing their own transportation) to any military recruitment office to surrender. 4. If a person contacts a member regarding a service member that is AWOL and requests information or assistance in returning a service member to military control, the person will be advised to call the applicable military branch on the contact list. C. Subjects Classified As Deserters: 1. Arrest Procedures: a. Members have the authority to make an arrest when information from NCIC reveals a person to be wanted for desertion. b. Members will verify wanted status by contacting the appropriate military branch on the contact list, and request a “disposition” on military pickup. c. If the deserter has any non-military charge or warrant, they will be transported to the appropriate detention facility for booking. d. If military authorities are not present, and the deserter does not have a non-military charge or warrant the deserter may be transported to the appropriate detention facility, to await military pickup. e. Members will complete an Incident Report on the Automated Reporting System (ARS) for all arrests of military deserters. For the Nature of Call, select “Military Deserter” from the drop down menu. f. Members will include the following information on the Incident Report: (1) Basis for arrest. (e.g., NCIC hit, person volunteered information, etc.) (2) Arrested person’s rank and social security number (or service number). (3) Title and location of arrested person’s command or unit of assignment. (4) Date the person deserted. -2-  (5) Name of the official contacted for verification and the time of contact. 2. If contact is unable to be made with the deserter’s assigned branch of service, the United States Army Military Police Command, located at Fort Leonard Wood, Missouri, will assist in verifying the deserter status for service members assigned to any branch of the military. They will also respond to transfer a person into military control, regardless of the branch of the service, provided that personnel are available to respond. 3. If a person contacts a member regarding a service member that is classified as a deserter, that is outside our jurisdiction or is not present at that time, and requests information or assistance in returning the service member to military control. The member will do one of the following: a. Direct the person to call for local police service. b. Direct the person to call the applicable military branch on the contact list. *D. Detention Officer (DO): 1. The DO will verify the deserter status of persons arrested with a military desertion charge by contacting the appropriate military branch. As soon as practical, after all non-military charges have been bonded or disposed of, the subject will be transferred to the appropriate detention facility, where the subject will be held for the appropriate military authorities. 2. Persons booked with a desertion charge shall be photographed and fingerprinted. Richard C. Smith Chief of Police Adopted by the Board of Police Commissioners this ____day of______________, 2018. Nathan Garrett Board President DISTRIBUTION: All Department Personnel Public View Master Index - Internet Department Master Index - Intranet Policy Acknowledgement SyStem (PASS) -3-  *Contact List United States Air Force Whiteman Air Force Base 710 E. 5th Street Whiteman Air Force Base, MO 65305 (660) 687-1852 United States Air Force Headquarters AF Personnel Center DPFCM Randolph Air Force Base, TX 78150 (800) 531-5501 United States Army Deserter Information Point 297 Gold Vault Road Fort Knox, KY 40121 (502) 626-3711/3712/3713 United States Marine Corps Commandant, US Marine Corps 2 Navy Annex Washington, D.C. 20380 (703) 604-0395/3667 United States Navy Navy Absentee Collection and Information Center (NACIC) 2834 Greenbay Road North Chicago, IL 60064 (901) 874-2522 United States Coast Guard 2700 Martin Luther King Jr. Avenue SE Washington, D.C. 20032 (800) 323-7233 United States Army Military Police Command Fort Leonard Wood Building 1000 East 19th Street Fort Leonard Wood, Missouri 65473 (573) 569-0579/6141 -4-