AUTHORITY OF LAW ENFORCEMENT PERSONNEL

Law enforcement personnel under authorization of the base commanding officer will investigate all criminal offenses and acts that endanger U.S. Navy personnel, their dependents and property, and U.S. Government property, or that are deemed detrimental to the efficient operation of the U.S. Navy. A considerable portion of the burden for the prevention of juvenile problems rests with the security officer and the security force, since the base commanding officer uses their expertise in dealing with juvenile delinquency problems within the command.

JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

Public Law 93415, entitled The Juvenile Justice and Delinquency Prevention Act of 1974, now codified as chapter 403 of Title 18, United States Code was enacted to encourage programs and services designed to prevent juvenile delinquency and to encourage diversion of youthful offenders from the criminal justice system. Among procedures included in the Act are those concerning the processing of youthful offenders, such as apprehension and detainment, and records compiled on juvenile offenders.

Apprehension

When dealing with juveniles, as with other civilians, law enforcement personnel derive their authority as agents of the base commanding officer, rather than by virtue of their positions as military law enforcement officers.

All members of the Armed Forces who are acting in a private capacity have the ordinary right of citizens to assist in the maintenance of peace, including the right to apprehend suspected offenders.

In strictly legal terms, the authority of law enforcement personnel of a base, so far as concerns juveniles who are not subject to military law, is essentially that of a private citizen. As state law varies regarding citizen's arrest, the judge advocate must be consulted for guidance.

However, even in a jurisdiction having very narrow citizen's arrest statutes, a form of implied authority can be relied upon. Upon apprehension, juveniles must be notified of their legal rights, the offense for which apprehended, and be given a chance to consult with parent or guardian or another adult.

The offender's parents or guardians must be notified of the apprehension. The parents or guardians must also be informed of the juvenile's legal rights and the offense for which the juvenile was apprehended

Detainment

Though it maybe necessary to detain juveniles, they are not subject to the UCMJ. The detainment of juvenile suspects in confinement facilities, detention cells, or hospital prisoner wards is strictly forbidden at all times.

Juveniles may be temporarily detained in the offices of the base commanding officer or security officer only if all of the following conditions exists:

1. Such detainment is specifically authorized by the installation commander.

2. The juvenile is suspected of a serious criminal offense requiring exercise of jurisdiction by civilian law enforcement authorities.

3. At the time of apprehension the parents are not available to take custody of the child.

4. The detainment is for transferring custody of the juvenile, at the soonest possible time, to the child's parents or to the appropriate state or Federal agency having jurisdiction.

Records

Unless a juvenile who is taken under custody is prosecuted as an adult, law enforcement personnel may NOT do the following:

1. Obtain fingerprints or photographs of the juvenile without written consent of the judge of the juvenile court.

2. Release names or pictures of juvenile offenders to the public. All records pertaining to juvenile offenders must be safeguarded from unauthorized disclosure. During the juvenile proceeding, information on the juvenile and the circumstances of the offense maybe furnished only to the court, counsel for the juvenile, the Government, and others entitled to review sealed records. These other agencies are the following:

a. Another court of law.

b. Another agency preparing a presentence report for another court.

c. Another law enforcement agency if the request is related to an investigation of a crime or a position within that agency.

d. An inquiry in writing from the director of the juvenile treatment facility to which the juvenile has been committed by the court.

e. An inquiry from an agency considering the subject for a position immediately and directly affecting national security.

As stated, all records concerning juvenile offenders must be safeguarded and released on a need-to-know basis only. If a request for such information is made under the Freedom of Information Act (FOIA), however, only designated members of the command may deny the request. Accordingly, MAs should refer such requests to the FOIA officer, PAO, or SJA as appropriate. It is important that records contain a detailed description of regulations violated and of further disposition by civilian authorities. Permanent records of nonessential and minor incidents or situations resolved in conference with the parents and juvenile should not be made. When a juvenile is found innocent, the record concerning the offense, including fingerprints, should be destroyed or sealed by the court, or disposed of under local directives of the appropriate state or Federal agency having jurisdiction over the reservation.