§ 635.6 32 CFR Ch. V (7–1–09 Edition)

(d) Police intelligence such as lease is accomplished in accordance TALON events will be captured by uti- with AR 340–21. lizing the TALON report format. These (b) Checks will be accomplished by a reports will be identified as ‘‘Pre- review of the COPS MPRS. Information TALON’’ reports. The Provost Marshal will be disseminated according to sub- Office/Directorate of Emergency Serv- part B of this part. ices will forward these reports to the (c) In response to a request for local counterintelligence activity which sup- files or name checks, Provost Marshals/ ports their installation/area. The coun- Directors of Emergency Services will terintelligence activity will determine release only founded offenses with final if the suspicious incident/activity disposition. Offenses determined to be should be entered into the DoD TALON unfounded will not be released. These reporting system. The counterintel- limitations do not apply to requests ligence activity will inform the sub- submitted by law enforcement agencies mitting Army law enforcement agency for law enforcement purposes, and as to whether or not the ‘‘Pre-Talon’’ counterintelligence investigative agen- report was submitted into the DoD cies for counterintelligence purposes. TALON reporting system. (d) COPS MPRS is a database, which (e) In addition to Pre-TALON report- will contain all military police reports ing, Installation Law Enforcement filed worldwide. Authorized users of Agencies/Activities will also comply COPS MPRS can conduct name checks with their Combatant Command’s poli- for criminal justice purposes. To con- cies regarding the reporting of sus- duct a name check, users must have ei- picious activities or events which meet ther the social security number/foreign established criteria. national number, or the first and last (f) If a written extract from local po- name of the individual. If a search is lice intelligence files is provided to an done by name only, COPS MPRS will authorized investigative agency, the return a list of all matches to the data following will be included on the trans- entered. Select the appropriate name mittal documents: ‘‘THIS DOCUMENT from the list. IS PROVIDED FOR INFORMATION (e) A successful query of COPS MPRS AND USE. COPIES OF THIS DOCU- would return the following informa- MENT, ENCLOSURES THERETO, AND tion: INFORMATION THEREFROM, WILL (1) Military Police Report Number; NOT BE FURTHER RELEASED WITH- (2) Report Date; OUT THE PRIOR APPROVAL OF THE INSTALLATION PROVOST MAR- (3) Social Security Number; SHAL/DIRECTOR OF EMERGENCY (4) Last Name; SERVICES.’’ (5) First Name; (g) Local police intelligence files may (6) Protected Identity (Y/N); be exempt from certain disclosure re- (7) A link to view the military police quirements by AR 25–55 and the Free- report; and dom of Information Act (FOIA). (8) Whether the individual is a sub- ject, victim, or a person related to the § 635.6 Name checks. report disposition. (a) Information contained in military (f) Name checks will include the cri- police records may be released under teria established in COPS MPRS and the provisions of AR 340–21 to author- the USACRC. All of the policies and ized personnel for valid background procedures for such checks will con- check purposes. Examples include child form to the provisions of this part. Any care/youth program providers, access exceptions to this policy must be co- control, unique or special duty assign- ordinated with HQDA, Office of the ments, and security clearance proce- Provost Marshal General before any dures. Any information released must name checks are conducted. The fol- be restricted to that necessary and rel- lowing are examples of appropriate evant to the requester’s official pur- uses of the name check feature of pose. Provost Marshals/Directors of COPS MPRS: Emergency Services will establish (1) Individuals named as the subjects written procedures to ensure that re- of serious incident reports.

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(2) Individuals named as subjects of into COPS. Installation Provost Mar- investigations who must be reported to shals/Directors of Emergency Services the USACRC. will provide written notice to state and (3) Employment as child care/youth local law enforcement agencies of the program providers. arrival of an offender to the local area (4) Local checks of the COPS MPRS so the registration process can be com- as part of placing an individual in the pleted. COPS MPRS system. (5) Name checks for individuals em- Subpart B—Release of Information ployed in law enforcement positions. (g) Provost Marshals/Directors of § 635.8 General. Emergency Services will ensure that (a) The policy of HQDA is to conduct an audit trail is established and main- activities in an open manner and pro- tained for all information released vide the public accurate and timely in- from military police records. formation. Accordingly, law enforce- (h) Procedures for conduct of name ment information will be released to checks with the USACRC are addressed the degree permitted by law and Army in AR 195–2. The following information regulations. is required for USACRC name checks (b) Any release of military police (when only the name is available, records or information compiled for USACRC should be contacted tele- law enforcement purposes, whether to phonically for assistance): persons within or outside the Army, (1) Full name, date of birth, SSN, and must be in accordance with the FOIA former service number of the indi- and Privacy Act. vidual concerned. (c) Requests by individuals for access (2) The specific statute, directive, or to military police records about them- regulation on which the request is selves will be processed in compliance based, when requested for other than with AR 25–55 and AR 340–21. criminal investigative purposes. (d) Military police records in the (i) Third party checks (first party temporary possession of another orga- asks second party to obtain informa- nization remain the property of the tion from third party on behalf of first originating law enforcement agency. party) will not be conducted. The following procedures apply to any organization authorized temporary use § 635.7 Registration of sex offenders. of military police records: Soldiers who are convicted by court- (1) Any request from an individual martial for certain sexual offenses seeking access to military police must comply with all applicable state records will be immediately referred to registration requirements in effect in the originating law enforcement agen- the state in which they reside. See AR cy for processing. 190–47, Chapter 14 and AR 27–10, Chap- (2) When the temporary purpose of ter 24. This is a statutory requirement the using organization has been satis- based on the Jacob Wetterling Act, and fied, the military police records will be implemented by DOD Instruction destroyed or returned to the origi- 1325.7, and AR 27–10. Provost Marshals/ nating law enforcement agency. Directors of Emergency Services (3) A using organization may main- should coordinate with their local Staff tain information from military police Judge Advocate to determine if an in- records in their system of records, if dividual must register. The registra- approval is obtained from the origi- tion process will be completed utilizing nating law enforcement agency. This the state registration form, which is information may include reference to a available through state and local law military police record (for example, enforcement agencies. A copy of the MPR number or date of offense), a sum- completed registration form will be mary of information contained in the maintained in the installation Provost record, or the entire military police Marshal Office/Directorate of Emer- record. When a user includes a military gency Services. Additionally, a Mili- police record in its system of records, tary Police Report (DA Form 3975) will the originating law enforcement agen- be completed as an information entry cy may delete portions from that

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