Marine Corps Criminal Offense Reporting and Disposition Policy
This MARADMIN establishes Marine Corps policy for reporting and tracking criminal offenses, clarifying the roles of Provost Marshal Offices (PMO) and Naval Criminal Investigative Service (NCIS) in investigating crimes. Commanding officers must report all criminal offenses to the PMO, which will refer felony-level offenses to NCIS, and must provide final disposition information to ensure complete reporting to the Consolidated Law Enforcement Operations Center (CLEOC).
Issued: May 10, 2004
1. WITHIN THW MARINE CORPS, THE PROVOST MARSHAL (PM) IS THE INSTALLATION COMMANDER'S SENIOR UNIFORMED LAW ENFORCMENT REPRESENTATIVE AND AS A SPECIAL STAFF OFFICER, IS RESPONSIBLE FOR THE OPERATION OF THE PROVOST MARSHAL'S OFFICE (PMO). THE PM IS CHARGED WITH THE RESPONSIBILITY FOR, AND AUTHORITY TO EXECUTE THE FOLLOWING MISSIONS: A. CONDUCT LAW ENFORCEMENT OPERATIONS B. CONDUCT CRIMINAL AND TRAFFIC ACCIDENT INVESTIGATIONS C. PROVIDE POLICE COMMUNITY SERVICES 2. WITHIN THE DEPARTMENT OF THE NAVY, THE NAVAL CRIMINAL INVESTIGATIVE SERVICE (NCIS) HAS PRIMARY JUSIDICTION TO CONDUCT INVESTIGATIONS INTO ALL ACTUAL, SUSPECTED, OR ALLEGED FELONY-LEVEL OFFENSES. A FELONY-LEVEL OFFENSE IS DEFINED AS AN OFFENSE PUNISHABLE UNDER THE UNIFORM CODE OF MILITARY JUSTICE BY CONFINEMENT FOR A TERM OF MORE THAN ONE YEAR, OR SIMILARLY FRAMED FEDERAL STATUTES, STATE, LOCAL OR FOREIGN LAWS OR REGULATIONS. 3. MARINE CORPS POLICY IS AS FOLLOWS: COMMANDING OFFICERS ARE REQUIRED TO REPORT ALL ACTUAL, SUSPECTED OR ALLEGED CRIMINAL OFENSES TO THE PMO. THE PMO WILL REFER TO NCIS THOSE CRIMINAL OFFENSES UNDER THEIR (NCIS) JURISDICTION. 4. AT MARINE CORPS INSTALLATIONS, THE LOCAL NCIS OFFICE MAY DEFER CERTAIN FELONY-LEVEL CRIMINAL INVESTIGATIONS TO THE PMO'S CID, BASED ON INFORMAL AGREEMENTS BETWEEN THE NCIS SPECIAL AGENT IN CHARGE AND THE INSTALLATION PMO. 5. VICTIMS/WITNESSES ARE STRONGLY ENCOURAGED TO CONTINUE TO REPORT SUCH CRIMINAL OFFENSES DIRECTLY TO ANY MILITARY AUTHORITY. ANYONE IN THE MARINE CORPS WHO OBTAINS KNOWLEDGE OF A POSSIBLE SEXUAL ASSAULT THAT HAS NOT YET BEEN REPORTED SHOULD IMMEDIATELY CONTACT THEIR COMMANDING OFFICER OR PMO. 6. THE DEPARTMENT OF THE NAVY HAS RECENTLY BEEN UNDER CONGRESSIONAL SCRUTINY WHILE RESPONDING TO SIGNIFICANT REQUESTS FOR DATA ASSOCIATED WITH SEXUAL ASSAULTS WITHIN THE NAVY AND MARINE CORPS. SEXUAL ASSAULTS BY THEIR FELONY NATURE ROUTINELY COME UNDER THE EXCLUSIVE JURISDICTION OF NCIS AND ARE REQUIRED TO IMMEDIATELY BE REFERRED TO NCIS FOR APPROPRIATE INVESTIGATION. SEXUAL ASSAULT OFFENSES INCLUDE: RAPE, ATTEMPTED RAPE, SODOMY, ASSAULT WITH THE INTENT TO COMMIT RAPE OR SODOMY, AND INDECENT ASSAULT. 7. WITH REGARD TO DATA INPUT ON CRIMINAL INVESTIGATIVE MATTERS, PMO (CID) AND NCIS WILL CONTINUE TO BE RESPONSIBLE FOR COLLECTING AND INPUTTING DISPOSITION DATA ON FELONY-LEVEL CRIMINAL OFFENSES. PMO (CID) WILL COLLECT AND INPUT SUCH DATA ON INVESTIGATIONS IN WHICH THEY HAVE BEEN GIVEN THE LEAD, WHILE NCIS WILL COLLECT AND INPUT DATA ON THOSE INVESTIGATIONS UNDER NCIS COGNIZANCE. ALL CRIME DATA REPORTED TO PMO AND NCIS WILL BE SUBMITTED TO THE CONSOLIDATED LAW ENFORCEMENT OPERATIONS CENTER (CLEOC). REPORTING REQUIREMENTS BY COMMANDS ARE NOT COMPLETE UNTIL FINAL SUBJECT DISPOSITION INFORMATION IS PROVIDED TO THE LAW ENFORCEMENT AGENCY (NCIS/CID) THAT CONDUCTED THE INVESTIGATION. COMMANDING OFFICERS ARE DIRECTED TO PROVIDE TO PMO OR NCIS THE DISPOSITION OF EACH CRIMINAL OFFENSE UNDER THEIR COGNIZANCE IMMEDIATELY UPON COMPLETION OF ADJUDICATIVE OR ADMINISTRATIVE ACTION.