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Old 02-07-2017, 02:11 PM   #1
Icelander
 
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Join Date: Mar 2006
Location: Iceland*
Default Custody of federal prisoners convicted at court martial or unfit for trial

I know that 'normal' federal prisoners are in the custody of the arresting agency, usually only until they've seen a judge, at which point they are either released or may be detained in a facility under the jurisdiction of the BOP or either a private or publicly-run prison under the ICE if they are insufficiently American. If a person accused of a federal crime is transported anywhere after they enter federal custody, the US Marshals Service will handle that transport.

Military personnel suspected of crimes can be taken into custody by local law enforcement, but if the offence takes place on a military base or while deployed on active duty, it is more usual for MPs and then, if the matter is sufficiently serious,CID of their branch to take them into custody. The same applies if someone under the UCMJ was originally arrested by civilian law enforcement, but a decision is made to try them by court martial, it is usually CID that transports them to the court.

For our ongoing supers/technothriller game set in the modern day, Project Jade Serenity, I've got a few questions about edge cases.

1) What happens when someone, let's say for the sake of argument, a Private (E-2) of the US Army in a 91X (now 68X) Mental Health Technician MOS commits a crime on a military base, let's say Camp Mackall, but is found incompetent to stand trial for reasons of insanity?

Does Army CID turn them over to a federal mental hospital (like St. Elizabeths) or a state mental facility* willing to take custody, as would happen with any other federal prisoner in that situation?

And is that the end of Army CID involvement in that particular case, with the Attorney General now being responsible for the inmate?

2) From what I can tell, prisoner transport belongs to the US Marshals by tradition and from the practical reason that they have expertise and organisation for it. The legal requirement seems to be only that a Federal law enforcement officer have custody of a federal prisoner. Would it be very implausible for a federal prisoner who was considered to have vital information in a national security investigation under the Department of Homeland Security to be remanded into the custody of Special Agents of Homeland Security Investigations or other LEOs (1811) under the DHS?

3) Who has custody over military service members convicted at court martial if they have to be transported to attend a federal trial outside the system of military justice? Do they receive an escort of irritated CID agents who have nothing to do with the case in question or are they remanded into the custody of the US Marshals Service as federal prisoners during transport?

4) Could the USDB at Fort Leavenworth legally turn over custody over a service member convicted at court martial to civilian federal law enforcement for a temporary period? Would they, if the DHS made the case that this was vital for an important investigation with national security implications?

Edit: I've resurrected this thread on the slightly related subject of daily life in USDB Fort Leavenworth from 2011-2017 and what kind of popular culture (TV shows, sports events, movies, news, etc.) a character incarcerated there in that time might have been exposed to and what he would have missed entirely.

*Of the state in which the soldier was domiciled, presumably.
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Last edited by Icelander; 01-10-2018 at 03:16 AM.
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Tags
cid, criminally insane, jade serenity, jurisdictions, us law, usdb ft. leavenworth

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