https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN16096_AD%202019-13_Web_Final.pdf
MEMORANDUM FOR SEE DISTRIBUTION
SUBJECT: Army Directive 2019-13 (Response to Major Juvenile Misconduct and
Referral of Civilian Criminal Offenses to Civilian Authorities)
1. References. Applicable references are in the enclosure.
2. Purpose. This directive establishes policies and procedures for the Army’s response
to major juvenile offenses occurring on Army installations, as well as the referral of both
adult and juvenile criminal cases to civilian authorities.
3. Applicability. This directive applies to the Regular Army, Army National Guard/Army
National Guard of the Unites States, and U.S. Army Reserve. Joint basing guidance is
provided in accordance with Department of Defense joint basing implementation
guidance, applicable joint base memorandums of agreement, and Department of
Defense supplemental guidance.
4. Definitions. For the purpose of this directive, the following definitions apply:
a. Major juvenile misconduct is defined as any act by a person who has not attained
the age of majority as defined by applicable Federal or State law, but who has attained
the minimum age for juvenile delinquency as defined by applicable Federal or State law,
that would be classified as a felony crime in accordance with the applicable Federal,
State, or local civilian law if an adult committed the act.
b. Juvenile problematic sexual behavior is defined as behaviors initiated by children
and youth under the age of 18 that involve sexual body parts (genitals, anus, buttocks,
or breasts) in a manner that deviates from normative or typical sexual behavior and are
developmentally inappropriate and/or potentially harmful to the individual initiating the
behavior or others.
5. Background. Civilian criminal misconduct occurring on Army installations, including
juvenile-on-juvenile sexual assault, threatens the safety, health, welfare, and morale of
Soldiers, Civilians, and Family members who comprise Army communities. The Army
must improve its response to allegations of major juvenile misconduct and attempt to
facilitate the referral of major juvenile cases to State authorities who are often best
positioned to determine the appropriate disposition for alleged major juvenile
misconduct. To improve law enforcement response to civilian crime occurring on an
installation and ensure appropriate disposition of criminal offenses, U.S.-based
S E C R E T A R Y O F T H E A R M Y
W A S H I N G T O N
SUBJECT: Army Directive 2019-13 (Response to Major Juvenile Misconduct and
Referral of Civilian Criminal Offenses to Civilian Authorities)
2
installations with exclusive Federal jurisdiction must also seek to establish concurrent
criminal jurisdiction for civilian criminal offenses.
6. Policy
a. Major Juvenile Misconduct. Response to major juvenile misconduct occurring on
U.S. and overseas installations is a senior commander responsibility.
(1) Review and Implementation. Within 60 days of the date of this directive,
senior commanders will review and improve policies for responding to allegations of
major juvenile misconduct occurring on installations under their command. Command
policies will:
ensure the care and safety of the victim,
ensure the safety of the community,
ensure immediate investigation of the allegations,
account for the privacy interests and potential medical needs of both the
victim and alleged offending juvenile,
ensure alleged misconduct is recorded into the Army Law Enforcement
Reporting and Tracking System (ALERTS) or other database where
appropriate, and
facilitate the referral of cases to civilian authorities for investigation and/or
determination of appropriate disposition.
(2) Report and Investigation of Juvenile Problematic Sexual Behavior. Each
incident of juvenile-on-juvenile sexual assault or problematic sexual behavior occurring
on an Army installation will be reported, investigated, and resolved in accordance with
applicable law, policies, and procedures.
(3) Victim Assistance
(a) Senior commanders will ensure a command representative informs the victim
(or if a minor, the victim’s parents or guardians) of the command’s policy for referring
cases to civilian authorities. The command representative will also provide the victim
(or if a minor, the victim’s parents or guardians) with the contact information for the
civilian investigative or prosecution authority, preferably the department responsible for
assisting victims of crime.
SUBJECT: Army Directive 2019-13 (Response to Major Juvenile Misconduct and
Referral of Civilian Criminal Offenses to Civilian Authorities)
3
(b) For cases involving juvenile-on-juvenile problematic sexual behavior OR
sexual misconduct, the installation Family Advocacy Program Manager will be informed
promptly and will coordinate victim assistance and advocacy services with the victim (or
if a minor, the parents of juvenile victims) and alleged juvenile offenders.
(4) Notifications to Gaining Command
(a) In cases when a child or youth is alleged to have engaged in problematic
sexual behavior, is undergoing treatment, and is pending relocation to another Army or
nonmilitary community, the installation’s military treatment facility Family Advocacy
Program will notify the gaining installation’s military treatment facility Family Advocacy
Program or civilian equivalent to ensure continuity of care, pursuant to Army Regulation
(AR) 608-18 (The Family Advocacy Program) (reference j).
(b) Any Family member who is registered or required to register as a sex
offender under any provision of the law must provide proof of registry to the installation
provost marshal’s office before occupancy or overnight visitation in on-post housing,
pursuant to AR 420-1 (Army Facilities Management) (reference h). Failure to do so will
result in the eviction of the host sponsor from housing.
(c) Commanders will take all practical and reasonable measures to ensure the
safety and security of other installation juveniles consistent with Federal and State law,
Department of Defense instructions, and Army regulations.
(5) Command Administrative Action. Appropriate command responses to
juvenile misconduct include the consideration of command administrative actions,
including the early return of dependents (for juvenile Family members outside the
continental United States); barring from the installation; removal from Government
on-post housing (or requesting removal to military housing privatization initiative
partners); suspension or revocation of Army Air Force Exchange Service or Army
morale, welfare, and recreation privileges; or other action. Commanders will not impose
administrative action that interferes with a host nation’s authority and ability to
adjudicate the alleged juvenile misconduct.
(6) Juvenile Review Boards. Garrison commanders will consider the use of
Juvenile Review Boards as a tool to address allegations of minor on-post juvenile
misconduct and promote the rehabilitation of on-post juvenile offenders. Commanders
may develop and implement local rules on the composition and convening of the
Review Boards that best meets the needs and resources of their respective command
while respecting the privacy interests of the alleged juvenile offender. Commanders are
SUBJECT: Army Directive 2019-13 (Response to Major Juvenile Misconduct and
Referral of Civilian Criminal Offenses to Civilian Authorities)
4
reminded that Review Boards are not an appropriate forum for addressing major
juvenile misconduct.
b. Referral of Cases to Civilian Authorities
(1) Juvenile Offenses. For U.S.-based installations with exclusive Federal
jurisdiction, ceding jurisdiction over juvenile offenses to the State through retrocession is
the preferred method for facilitating civilian jurisdiction over major juvenile offenses.
(a) Retrocession of Exclusive Criminal Jurisdiction. Senior commanders will
seek to establish concurrent jurisdiction with the State for juvenile offenses committed
on the installation through retrocession of jurisdiction, pursuant to 10 United States
Code section 2683 (reference a). A retrocession will be supported by a memorandum
of agreement (MOA) addressing the process and responsibilities between the Army,
State, and U.S. Department of Justice for the referral of alleged major juvenile
misconduct to the appropriate State court or prosecution authority. Within 90 days of
this directive, commanders of exclusive Federal jurisdiction installations, including
U.S. Army Reserve garrisons, will engage with area authorities at the Federal, State,
and local levels, including the local U.S. Attorney’s Office, to determine interest and
feasibility in the retrocession of exclusive jurisdiction for major juvenile misconduct.
Jurisdiction over individual cases involving juveniles should only be relinquished when
the State has procedures under which cases involving juvenile cases can be
adjudicated in a juvenile proceeding, unless the offense is of sufficient gravity that
adjudication as an adult is appropriate. Installation commanders are reminded that,
pursuant to AR 405-20 (Federal Legislative Jurisdiction) (reference g), the Deputy
Assistant Secretary of the Army (Installations, Housing, and Partnerships) is the
approval authority for all retrocession actions. The Office of the Army General Counsel
will review all requests for retrocessions. Commanders will coordinate efforts for
retrocession with the U.S. Attorney for the relevant district, the U.S. Army Corps of
Engineers, and the Office of the Judge Advocate General’s Criminal Law Division.
(b) Memorandum of Agreement. Consistent with the law in their jurisdiction, if
establishing concurrent jurisdiction over juvenile offenses is not feasible or
recommended, commanders will pursue MOAs with local law enforcement and
prosecution authorities for the referral of major juvenile misconduct cases to local or
State juvenile or family courts, which are not criminal courts yet address juvenile
misconduct. Commanders pursuing retrocession agreements may also consider
entering into MOAs with local law enforcement and prosecution authorities as an interim
measure pending finalization of the retrocession. Commanders should understand that
MOAs do not confer criminal jurisdiction to the State, but establish a process for
referring juvenile cases to State juvenile or family courts. All MOAs addressing the
SUBJECT: Army Directive 2019-13 (Response to Major Juvenile Misconduct and
Referral of Civilian Criminal Offenses to Civilian Authorities)
5
referral of juvenile cases to State or local juvenile or family courts will be coordinated
with the Office of the Judge Advocate General’s Criminal Law Division and applicable
U.S. Attorney’s Office.
(c) Alternate Referral Process. If neither retrocession with the State nor an MOA
with the local prosecution authorities is feasible or recommended, commanders will
consider (i) referring juvenile cases to State or local prosecutors without an MOA for
potential adjudication in State juvenile or family courts and (ii) referring juvenile cases to
the local U.S. Attorney’s Office for potential adjudication in Federal court.
(2) Civilian Adult Criminal Offenses. For U.S.-based installations with exclusive
Federal jurisdiction, senior commanders will seek to establish concurrent jurisdiction
with the State for civilian adult criminal offenses committed on the installation through
retrocession of jurisdiction pursuant to reference a. A retrocession will be supported by
an MOA addressing the process and responsibilities between the Army, State, and
Department of Justice for the referral of civilian adult criminal offenses to the
appropriate prosecution authority. Within 90 days of this directive, commanders of
exclusive Federal jurisdiction installations, including Army Reserve garrisons, will
engage with area authorities at the Federal, State, and local levels, including the local
U.S. Attorney’s Office, to determine interest and feasibility in the retrocession of
exclusive criminal jurisdiction for civilian adult criminal offenses. Commanders of
installations with exclusive Federal jurisdiction should understand that an MOA with the
State or local civilian authority without a retrocession agreement does not confer
criminal jurisdiction to the State or local authority.
(a) U.S.-Based Installations With Concurrent Jurisdiction. Commanders will
review and assess current formal agreements with local law enforcement and
prosecution authorities to determine whether modification is necessary to better
respond to both civilian and juvenile misconduct.
(b) Overseas Installations. Commanders of overseas Army installations will
continue to comply with existing international agreements and regulations.
Commanders must ensure their response to alleged civilian misconduct includes robust
coordination and collaboration with host nation authorities.
c. Reporting Requirement. Within 90 days of the date of this directive, and
continuing every 90 days thereafter until completion, commanders of U.S.-based
installations with exclusive Federal jurisdiction, including Army Reserve garrisons, will
provide a status on their command’s efforts to enter into a retrocession agreement with
its host State to the Office of the Judge Advocate General’s Criminal Law Division.
By 15 October of each year, The Judge Advocate General will provide a consolidated
SUBJECT: Army Directive 2019-13 (Response to Major Juvenile Misconduct and
Referral of Civilian Criminal Offenses to Civilian Authorities)
6
status report to Army senior leadership, the Office of the Chief Legislative Liaison for
appropriate coordination with Congress, and the Department of Defense Office of
General Counsel.
7. Proponent. The Assistant Secretary of the Army (Manpower and Reserve Affairs) is
the proponent for this policy and will coordinate with members of the Army Secretariat
and Army Staff to implement its provisions into relevant Army regulations within 2 years
of the date of this directive.
8. Duration. The provisions of this directive will remain in effect until publication of the
revised regulations.
Encl Mark T. Esper
DISTRIBUTION:
Principal Officials of Headquarters, Department of the Army
Commander
U.S. Army Forces Command
U.S. Army Training and Doctrine Command
U.S. Army Materiel Command
U.S. Army Futures Command
U.S. Army Pacific
U.S. Army Europe
U.S. Army Central
U.S. Army North
U.S. Army South
U.S. Army Africa/Southern European Task Force
U.S. Army Special Operations Command
Military Surface Deployment and Distribution Command
U.S. Army Space and Missile Defense Command/Army Strategic Command
U.S. Army Cyber Command
U.S. Army Medical Command
U.S. Army Intelligence and Security Command
U.S. Army Criminal Investigation Command
U.S. Army Corps of Engineers
U.S. Army Military District of Washington
U.S. Army Test and Evaluation Command
(CONT)
SUBJECT: Army Directive 2019-13 (Response to Major Juvenile Misconduct and
Referral of Civilian Criminal Offenses to Civilian Authorities)
7
DISTRIBUTION: (CONT)
U.S. Army Installation Management Command
U.S. Army Human Resources Command
U.S. Army Financial Management Command
Superintendent, United States Military Academy
Director, U.S. Army Acquisition Support Center
Superintendent, Arlington National Cemetery
Commandant, U.S. Army War College
Director, U.S. Army Civilian Human Resources Agency
CF:
Director, Army National Guard
Director, Business Transformation
Commander, Eighth Army
Enclosure
REFERENCES
a. Title 10, United States Code, section 2683 (Relinquishment of legislative jurisdiction;
minimum drinking age on military installations).
b. Title 18, United States Code, section 3771 (Crime victims’ rights).
c. Title 18, United States Code, chapter 403 (Juvenile Delinquency).
d. John S. McClain National Defense Authorization Act for Fiscal Year 2019, Pub. L.
115-232, section 1089 (2018).
e. U.S. House of Representatives Report No. 115-874 (2018) (Conference Report to
Accompany H.R. 5515, John S. McClain National Defense Authorization Act for Fiscal
Year 2019).
f. Department of Defense Instruction 5525.07 (Implementation of the Memorandum of
Understanding (MOU) Between the Departments of Justice (DoJ) and Defense Relating
to the Investigation and Prosecution of Certain Crimes), June 18, 2007.
g. AR 405-20 (Federal Legislative Jurisdiction), 21 February 1974, Reprinted With
Change 1.
h. AR 420-1 (Army Facilities Management), 12 February 2008, Including Rapid Action
Revision Issued 24 August 2012.
i. AR 600-20 (Army Command Policy), 6 November 2014.
j. AR 608-18 (The Family Advocacy Program), 30 October 2007, Including Rapid
Action Revision Issued 13 September 2011.