POLICY LETTER - REGISTERED SEX OFFENDERS PROHIBITED OCCUPANCY AND ACCESS TO MARINE CORPS GOVERNMENT-OWNED, LEASED. OR PRIVATIZED FAMILY HOUSING

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1 DEPARTMENT OF THE NAVY RE?~DQUARTER5 UNITED STATES MARINE CORPS 3000 MARINE CORPS PENTAGON WASHINGTON, DC REFER TO: Frm: Cmmandant f the Marine Crps (I&L) T: Distributin List LFF 31 Dec 2008 Subj: POLICY LETTER - REGISTERED SEX OFFENDERS PROHIBITED OCCUPANCY AND ACCESS TO MARINE CORPS GOVERNMENT-OWNED, LEASED. OR PRIVATIZED FAMILY HOUSING Ref: (a) MCO P IJSMC Husing Manual End: (1) SE~NAV Mem f 07 Oct 2008 Plicy fr Sex Offender Tracking and Assignment and Access Restrictins within the Department f the Navy (2) SECNAV Mem f II Jun 2008 Delegatin f Authrity t Issue Debarment Letters 1. Enclsure (1) prhibits sexual ffenders frm ccupyii~g Marine Crps wned, leased r Public-Private Venture husing, except where prhibited by law r therwise waived by cmpetent authrity. This requirement applies t future service members and their family members seeking military husing as well as t ccupants f current husing (gvernment wned, leased, and Public-Private Venture (PPV) husing). 2. Actin. In cmpliance with enclsure (I), registered sex ffenders shall nt ccupy Marine Crps Gvernment-wned, leased r privatized husing. T implement enclsure (1) guidelines, and safeguard persnal, family and husing cmmunity interests, all Military Husing Offices (MHOs) are directed t implement the fllwing actins and establish the fllwing baseline prcedures: a. Husing Applicatin Prcess. All service members making applicatin fr Gvernment-wned husing, leased husing r fr referral t privatized husing shall be screened using available registries f sex ffenders. This screening search f all applicants t include their dependents r family members wh will reside with the applicant r service member, shall be perfrmed prir t placement n respective waiting lists fr husing. a Implement screening prcess, t include a disclsure questinnaire, with the use f existing public sex ffender registries/data bases. The questinnaire structure will prvide fr applicant s persnal disclsure indicating whether the applicant r any persn wh will reside with the applicant is required, r has ever been required t register r prvide Ntificatin as a sex ffender under the laws f the United States r any state.

2 p. Subj: POLICY LETtER - REGISTERED SEX OFFENDERS PROHIBITED OCCUPANCY AND ACCESS TO MARINE CORPS GOVERNMENT-OWNED, LEASED, OR PRIVATIZED FAMILY HOUSING Public screening mechanisms may include the Dru Sjdin Natinal Sex Offender Public Web-site maintained by the United States Department f Justice at and applicable sex ffender registries f the stale where the military husing installatin is lcated and the state where the service member is assigned. Fr thse cases where the required screening reveals a service member r family member s identificatin r inclusin n a natinal r state sex ffender registry, immediate ntificatin and husing applicatin referral shall be made t the apprpriate Installatin Staff Judge Advcate (SJA) and Installatin Cmmander fr due prcess. Individuals identified r included n any sex ffender registry are prhibited frm any frm f husing referral and assignment t any gvernment, leased, r PPV Husing, except where prhibited by Jaw r therwise waived by cmpetent authrity. Husing applicatin screening and disclsure infrmatin may nt be used t threaten, intimidate r harass applicants r family members. b. Current Husing Occupants. T the extent allwed under applicable law, all current ccupants, t include thse civilians unaffiliated with the Department f Defense and thse nt therwise required t establish eligibility fr such husing thrugh respective Military Husing Office, are t be immediately screened in accrdance with abve established prcedures. In cmpliance with applicable laws, HQMC will initiate actin t mdify PPV business agreements t include a similar registered sex ffender prhibitin f the rental f husing t civilians, thse unaffiliated with the Department f Defense and nt therwise required t establish eligibility fr such husing thrugh respective Military Husing Offices. c. Waiver Request. If an applicant r family member is identified n a sex ffender registry, their applicatin will be immediately referred t the respective chain f cmmand t include SJA and Installatin Cmmander. After due cnsideratin f the facts and infrmatin prvided, the Installatin Cmmander will determine if a waiver request t the Deputy Cmmandant f the Marine Crps, Installatin and Lgistics (per enclsure (2)) via their intermediate chain f cmmand is warranted. 3. This plicy wi]l be incrprated int the next update f reference (a). In the meantime, this plicy is effeclive immediately. 4. HQMC LF POC n this issue is Mr. Alan Barszewski, at DSN , r e mail alan.barszewski@usmc.mil. 2

3 Subj: POLICY LETFER - REGISTERED SEX OFFENDERS PROHIBITED OCCUPANCY AND ACCESS TO MARINE CORPS., LEASED, OR PRIVATIZED FAMILY HOUSING Distributin: CG MARCORBASESLANT CO MARCORBASESPAC CO MARFORRES NEW ORLEANS LA CO MCCDC QUANTICO VA CO MARBKS WASHINGTON DC Cpy T: CMC WASHINGTON, DC (MRA, CL, PA, LF) CO MARFORCOM NORFOLK VA CO MARFORPAC CAMP SMITH HI CO MCIWEST CO MCIEAST CG MCB CAMP BUTLER OKINAWA JA CO MCRD/WRR SAN DIEGO CA CO MCRD/ERR FARMS ISLAND SC CO MCAGCC TWENTYNINE PALMS CA CO MCB HAWAII CO MCB QUANTICO VA CO MCB CAMP PENDLETON CA CO MCB CAMP LEJEUNE NC CO MCLB BARSTOW CA CO MCLB ALBANY GA CO MCMWTC BRIDGEPORT CA CO MCSF BLOUNT ISLAND SC CO MCAS MIRAMAR CA CO MCAS CAMP PENDLETON CA CO MCAS YUMA AZ CO MCAS BEAUFORT SC CO MCAS CHERRY POINT NC CO MCAS NEW RIVER NC CO MCAS IWAKUNI JA CO MCAF QUANTICO VA COMUSMARFORK SEOUL KOR CO HQBN HQMC ARLINGTON VA E. G. USHER, UT Majr General, U.S. Marine Crps Deputy Cmmandant Installatins and Lgistics 3

4 THE SECRETARY OF THE NAVY WASHINGTON DC OCT MEMORANDUM FOR COMMANDANT OF THE MARINE CORPS CHIEF OF NAVAL OPERATIONS SUBJECT: Plicy fr Sex Offender Tracking and Assignment and Access Restrictins within the Department f the Navy References: (a) Sex Offender Registratin and Ntificatin Act f 2006 (Title 42, United States Cde, Sectin (b) The Natinal Guidelines fr Sex Offender Registratin and Ntificatin July 2, (Federal Register Vl. 73, N. 128, pp ) This memrandum establishes requirements within the Department f the Navy (DON) regarding identificatin, assignment, and access restrictin pertaining t sex ffenders cnsistent with the definitins prvided in references (a) and (b). The plicy prvisins herein shall be implemented thrughut the DON as sn as practicable, but nt later than December 31,2008. Fr purpses f this plicy directive, the term sex ffender is defined as a persn having been cnvicted f a criminal ffense accrding t guidelines in reference (b) and applies t all persns wh are required t be registered as sex ffenders accrding t this same reference. T the maximum extent permitted by law r therwise waived by cmpetent authrity, sex ffenders are t be identified and prhibited frm access t DON facilities. Except where prhibited by law r therwise waived by cmpetent authrity, sex ffenders shall nt ccupy DON wned r leased military husing r Public-Private Venture husing. Sex ffenders shall nt be allwed t enlist r prcessed fr cmmissining within the Navy r Marine Crps. Navy r Marine Crps members wh are cnvicted f a sex ffense while n active duty r in a reserve status and wh are nt punitively discharged shall be prcessed fr administrative separatin. Any Navy r Marine Crps sex ffenders n active duty shall nt be assigned utside f the United States r its territries, and any Navy r Marine Crps persnnel whse spnsred family members are sex ffenders shall nt be assigned utside f the United States r its territries n accmpanied rders, unless waived by cmpetent authrity.

5 Navy and Maxine Crps members wh are cnvicted f sex ffenses while n active duty and wh retire r are transferred t the Fleet Reserve r Fleet Marine Reserve shall have the sex ffense cnvictin recrded in their permanent military recrd. Such sex ffenders shall nt be subject t recall fr any purpse withut express authrity f the Secretary f the Navy (SECNAV). Likewise, Navy and Marine Crps members wh are retired r transferred t the Fleet Reserve r Fleet Marine Reserve and wh are later cnvicted f sex ffense shall nt be subject t recall withut express authrity f SECNAV. T the extent that it des nt cnflict with higher directive, the services shall develp prcedures and mdify prcesses as necessary t identify sex ffenders and t effect the abve plicy. Dnald C. Winter

6 THE SECRETARY OF THE NAVY WASHTNGTON D.C JUN 1 I 26~8 MEMORANDUM FOR COMMANDER, NAVY INSTALLATIONS COMMAND DEPUTY COMMANDANT OF THE MARINE CORPS (MANPOWER AND RESERVE AFFAIRS) CHIEF OF NAVAL PERSONNEL DEPUTY COMMANDANT OF THE MARINE CORPS (INSTALLATIONS AND LOGISTICS) SUBJECT: Delegatin f Authrity t Issue Debarment Letters Yu are hereby authrized t sign and issue debarment letters t registered sex ffenders, prhibiting them frm entry nt Navy and Marine Crps installatins wrldwide, and grant waivers as apprpriate. This authrity may nt be further delegated. cc: ASN (M&RA) Dnald C. Winter