ARMY AR 190-29-1984 MISDEMEANORS AND UNIFORM VIOLATION NOTICES REFERRED TO US MAGISTRATE OR DISTRICT COURTS《提交给美国地方法官或联邦地方法院的轻罪和制服违反通知》.pdf

1、- -_ w-43- 4.0 *Army Regulation 190-29 = 3535789 0374268 043 W-A Headquarters Department of the Army . Washington, DC 1 March 1984 * I Effective 1 April 1984 t Military Police Misdemeanors and Uniform Violation Notices Referred to US Magistrate or District Courts Summary. This regulation sets forth

2、the revised objectives and procedures applicable to the referral and trial by US Mag- istrates of misdemeanors committed on Army installations. It describes the proper use, preparation, and disposition of the revised DD Form 1805 (United States District Court Violation Notice) used to refer offenses

3、 to the US Magistrate. Applicability. This regulation applies to the Active Army. It does not apply to the Army National Guard or the US Army Reserve except when serving as part of the Active Army. It applies to all military and civilian law enforcement and secu- rity personnel assigned to Army inst

4、allations and to contractor personnel when authorized to issue violation notices. Impact on New Manning System. This regulation does not contain information that affects the New Manning System. Supplementation. Supplementation of this regulation is prohibited without prior approval from the Office o

5、f Army Law Enforcement, HQDA(DAPE-HRE), WASH DC 20310. Interim changes. interim changes to this regulation are not official unless they are authenticated by The Adjutant Gener- al. Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded. Suggested imrpoveme

6、nts. The proponent agency of this regulation is the Office of the Deputy Chief of Staff for Per- sonnel. Users are invited to send comments and suggested im- provements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) directly to HQDA(DAPE-HRE), WASH DC 20310. Contents Paragraph

7、 Section I General Purpose . 1 Related publications 2 Explanation of abbreviations and terms 3 Responsibilities 4 Section II US Magistrate System Relationship to US Army 5 US Magistrate system objectives . 6 Court appearances 7 Section III Use of DD Form i805 General . - . 8 Completion, issue, and d

8、isposition procedures . 9 Fines, collateral, and nonpayment delinquencies i0 Notification to commanders or supervisors . i 1 Paragraph Use of Statement of Probable Cause 12 Disposition of juvenile offenders . 15 Use of Promise to Appear . i3 Disposition of personnel subject to the UCMJ 14 Section I

9、Y Game Enforcement General . 16 Areas under exclusive Federal jurisdiction . 17 Concurrent jurisdiction . 18 Referral to US Magistrate . 19 Fish and wildlife law enforcement personnel duties . 20 Appendixes A. Brief Preparation Guide for DD Form 1805 (Violation Notice) B. Common Hunting, Fishing, Tr

10、apping, Environmental Pro- tection, and Safety Violations Section I General 1. Purpose This regulation sets forth policies and procedures for the handling of misdemeanors referred to US Magistrates or District Courts. It pertains to petty offenses and other misdemeanors, including, but not limited t

11、o, most mov- ing and standing traffic violations, and certain viola- tions of conservation, environmental protection, and safety laws, committed by service members and civil- ians on military installations. hir regulation rupairedes AR 190-29,17 June 1977. r/c The Yentamn Lib- Rm 1A518, Pentagon JVa

12、, the infrequency of such OCCUfTenceS does not warrant a separate time block. In those situations where the tim! differs, note the information on the faCe Of the (4) Block 6. Enter the identification code that is used in automated systems to print out the nature of the offense on the US Magistrates

13、calendar and docket. If needed, the local US Magistrate or District Court will help complete this block. (5) Block 7. Indicate the place where the violation (6) Block 8. Enter the specific statute or regulation violated. The general term “code section” is used as a generic term as the agencies may r

14、efer to Federal stat- utes, the Code of Federal Regulations, or State statutes assimilated into Federal law. (7) Block 9. Enter the description of violations charged. Include road conditions in this block (dry, wet, icy, slushy, snowy, muddy, surface debris) if a vehicle- related offense. (8) Blocks

15、 i0 through 20. Self-explanatory. Rec- ord the identification of the alleged violator. When re- quired, the violators rank may be added to the informa- tion contained in block 10 and the violators social security number added to block 26. 3 8. General a. h basis for initiating action by the us Magis

16、- trate system is the DD Form 1805. The form is designed to provide legal notice to violators. It also records infor- mation required by the us District coufi, law enforce- ment authorities, and, if appropriate, State motor vehi- cle departments. The form is a four-ply citation printed on paper and

17、prenumbered in a series for accounting control. The form be bound in books of 10 violation notices per book. Installation law enforcement agencies will be accountable for each DD F 1805 issued and for stock on hand. Accountable records be destroyed after 2 years as required by AR 340-18-5. form. b.

18、Provost marshals or other law enforcement offi- cials will coordinate through installation staff judge ad- vacates with the US Magistrate of the judicia district in which the installation is located. Information listed be- low, as a minimum, must be obtained from the US Mag- istrate before referral

19、of violators to the US Magistrate or District Court. occurred. (i) List of misdemeanors for which the mail-in procedure is authorized and the amount of coateral for each offense. The district court address will be prestamped (using a locally procured stamp) on the vio- lators copy of the DD Form 180

20、5 by the issuing authority. (2) List of misdemeanors requiring mandatory ap- pearance by the violator before the US Magistrate. The Magistrates name and location and the dates and times of appearance will be cited when scheduling a violator to appear before the US Magistrate. c. DD Form 1805A (State

21、ment of Probable Cause) and DD Form 1805B (Promise to Appear) will be used in compliance with installation staff judge advocate and 36S6 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-AR 190-29 1 March 1984 (9) Blocks 21 through 27. Identify the aut

22、omobile or other vehicle involved in a vehicle-related offense. (10) Blocks 28 through 30. Enter the place and time of court apperance. The completion of this part of the form will vary among the District Courts and will depend on local scheduling practices of the Magistrates and clerks of the court

23、. The officer in those districts where it has been determined that the scheduling of the court appearance should be handled by the officer at the time of the citation will complete these blocks. How- ever, where the scheduling of a court appearance is han- dled by the clerks office or by the magistr

24、ate, such in- formation should nof be completed at the time the violation notice is issued. The violator, in such cases, will be notified of a court date by mail. It is essential that installation staff judge advocate and law enforce- ment officials confer with the clerks office (and/or the magistra

25、te) in their district to determine what proce- dures to follow. (1 i) Block 31. Enter the amount of collateral that the District Court has preset for the particular offense charged, if applicable. (12) Blocks 32 through 38. Complete these blocks only for those districts that process violation notice

26、s manually. (Consult the local clerks office to determine if completion of these blocks is required.) (13) Block 39. Identify mandatory and optional court apperances (options are explained on the inner flap of the envelope). Either box A or B must be checked by the officer in each case. Box C is inc

27、luded to accommodate those districts where law enforcement officials do not set a court date at the time the violation notice is issued. c. The completed fourth copy (gold card stock) of DD Form 1805 is issued as follows: (i) For violations occurring when the violator is absent (for example, parking

28、 offenses), all entries con- cerning the violator will be left blank. The fourth copy will be placed on the violators vehicle. (2) In all other cases, the fourth copy of the com- pleted DD Form 1805 will be issued to the violator. d. Other copies of the issued DD Form 1805 will be turned in no later

29、 than the end of each tour of duty to the installation law enforcement authority for the fol- lowing disposition: (i) The original (white) and the second copy (yel- low) will be forwarded by transmittal, no later than the next working day, to the Central Violations Bureau of the local US District Co

30、urt. (2) The third copy (pink) is retained by the issuing installation law enforcement authority. 10. Fines, collateral, and nonpayment delinquencies Army law enforcement agencies will - 4 a. Nor accept or otherwise collect any fines or collat- eral or keep records of fines or collateral paid or not

31、 paid. 6. Take no action concerning nonpayment delinquen- cies except where warrants are issued for the violator by the proper court authorities. 11. Notification to commanders and supervisors When DD Form 1805 is used to cite military pesonnel and DD-affiliated employees for misdemeanors, the viola

32、tors unit commander or supervisor will be advised as follows: a. When DD Form 1805 is used to cite military per- sonnel and DOD-affiliated employees for mandatory ap- pearance type violations, an information copy of DA Form 3975 (Military Police Report) will be provided to the violators unit command

33、er or supervisor. The DA Form 3975 will denote the date, time, place, and type of violation. The date, time, and location where the viola- tor is scheduled to appear before the US Magistrate will also be indicated. b. When DD Form 1805 is used to cite military per- sonnel and DOD-affiliated employee

34、s for violations that are disposed of by mail, the commander or supervisor will be advised by use of the DA Form 3975 or by an- other locally prescribed procedure. 12. Use of Statement of Probable Cause (fig 2) i a. This statement serves as the basis for an arrest warrant or a summons if the violato

35、r or offender failed to appear before the US Magistrate or to pay the specified fine (collateral). This statement- (i) Should be completed at the time the DD Form 1805 is completed. (2) Will be used according to local guidance pro- vided by the installation staff judge advocate and the US Magistrate

36、 or District Court. (3) Will be keyed to the number of the DD Form 1805 issued to the violator or offender. 13. Use of Promise to Appear (fig 3) This portion of DD Form 1805 will be used only accord- ing to the policy and instructions provided by the US Magistrate or District Court and the installat

37、ion staff judge advocate. If used, it will be keyed to the number of the DD Form 1805 issued to the violator or offender. 14. Disposition of personnel subject to the UCMJ Personnel subject to the UCMJ who pay a fine or forfeit collateral or whose cases are disposed of in accordance with this regulat

38、ion will not be punished under the pro- visions of the UCMJ for the same violation. Installation commanders should establish policies on how to refer active duty Army personnel to the US Magistrate for _ Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-

39、,-1 March 1984 3535789 0374272 574 AR 190-29 disposition when the violators conduct constitutes a misdemeanor within the magistrates jurisdiction and is also a violation of the UCMJ. Such policies must be consistent with directives of higher headquarters and co- ordinated through installation staff

40、judge advocates and with local US Magistrates or US District Courts. 15. Disposition of juvenile off enders Juveniles are not subject to the jurisdiction of US Mag- istrates or District Courts without a certification by the US Attorney General that the State juvenile court lacks jurisdiction, refuse

41、s to assume jurisdiction, or does not have adequate programs and services available (1 8 USC 5032). Therefore, coordination should be made with lo- cal juvenile authorities concerning the disposition of of- fenses committed by juveniles on Army installations. Section IV Game Enforcement 16. General

42、Game enforcement is part of the fish and wildlife man- agement program that enforces Federal, State, and in- stallation fish and wildlife laws and regulations in sup- port of conservation, environmental protection, and safety policies. (See AR 420-74, chap 5, for the overall fish and wildlife manage

43、ment program.) 17. Areas under exclusive Federal jurisdiction On installations or facilities or parts of them over which exclusive Federal jurisdiction exists, the laws of the State relative to fish and game concerning the bag limits and other related measure are operative only as Federal laws, and

44、are enforceable by Federal officials including military police. A State official may exercise authority as both a State and Federal official. A State game warden may also be a Deputy US Game Marshal and thereby would be authorized to enforce Federal law. 18. Concurrent jurisdiction Where concurrent

45、jurisdiction exists, State game laws may be enforced by either Federal or State officials. 19. Referral to US Magistrate Federal and State law violations that apply to military reservations under the provision of 18 USC 13 may be referred to the US magistrate in accordance with the provision of this

46、 regulation and established local proce- dures, using DD Form 1805. ! 20. Fish and wildlife law enforcement personnel duties a. The provost marshal or security officer charged with law enforcement operations is responsible for- (1) Enforcing laws and regulations affecting fish and wildlife. (2) Sele

47、cting, training, and employing military in- stallation fish and wildlife law enforcement personnel (military personnel with primary MOS 95B (Military Police) or qualified civilian personnel capable of operat- ing independently in remote areas). (3) Appointing law enforcement personnel based on the i

48、nstallation size, fish and wildlife resources, and volume of hunting and fishing on the installation. b. Law enforcement personnel wiii- (1) Enforce all laws and regulations affecting fish and wildlife including those in appendix B. (2) Enforce all environmental and safety laws and regulations. (3)

49、Serve as liaison between the military installa- tion and the Federal, State, and local law enforcement agencies in matters of fish and wildlife enforcement. (4) Provide assistance and information to personnel using US Government recreational facilities. (5) Perform related functions such as assisting in predator control, managing special hunting and fishing seasons, operating check stations, and assisting in fish- ing and hunting safety classes and public information programs. 5 Provided by IHSNot for ResaleNo reproducti