Public Safety Act 1988
TITLE 5 – PUBLIC OFFICES AND AGENCIES
CHAPTER 5 - PUBLIC SAFETY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
PUBLIC SAFETY ACT 1988
Arrangement of Sections
Section Page
PART I - PRELIMINARY 5
§501. Short title. .............................................................................................................................. 5
§502. Interpretation. ....................................................................................................................... 5
PART II- DEPARTMENT OF PUBLIC SAFETY 6
DIVISION1- ESTABLISHMENT OF DEPARTMENT 6
§503. Establishment of the Department of Public Safety. ......................................................... 6
§504. Head of the Department. ..................................................................................................... 6
§505. Functions of the Force. ......................................................................................................... 6
§506. General Powers of the Commissioner. .............................................................................. 7
§507. Administration of the Force. ............................................................................................... 7
DIVISION 2- APPOINTMENT, ENROLLMENT, SERVICE AND DISCHARGE 7
§508. The Commissioner of Public Safety. .................................................................................. 7
§509. Oath of Office. ....................................................................................................................... 8
§510. Resignation. ........................................................................................................................... 8
§511. Discharge. .............................................................................................................................. 8
§512. Return of state property upon ceasing to be a member of the Force. ........................... 8
DIVISION 3- POWERS AND DUTIES OF POLICE OFFICERS 9
§513. Other employment. .............................................................................................................. 9
§514. General powers and duties. ................................................................................................ 9
§515. Powers to take photographs, etc. and methods of identification. ............................... 10
§516. Power to collect evidence. ................................................................................................. 10
§517. Duty to keep order on Public Roads. ............................................................................... 10
DIVISION 4- FIRE DIVISION 11
§518. Functions. ............................................................................................................................ 11
§519. Duties of the Division. ....................................................................................................... 11
§520. Power of officers to enter and break open premises. .................................................... 11
§521. Power to restrict public from places of fire. ................................................................... 11
DIVISION 5- SEA PATROL DIVISION 12
§522. Functions. ............................................................................................................................ 12
§523. Powers of Sea Patrol Division. ......................................................................................... 12
§524. Equipment of the Division. ............................................................................................... 12
PART III - PRISONS DIVISION 12
§525. Establishment of Prisons. .................................................................................................. 12
§526. Superintendent of Prisons. ............................................................................................... 13
§527. Other Officers. .................................................................................................................... 13
§528. Prison Officers to have powers of Police Officers. ........................................................ 13
§529. Corrections and Parole. ..................................................................................................... 13
§530. Parole Officer. ..................................................................................................................... 14
§531. Parole of Prisoners. ............................................................................................................ 14
§532. Conditional release. ........................................................................................................... 14
PART IV - DISCIPLINE 14
§533. Offenses by Police Officers and Prison Officers. ........................................................... 14
§534. Not to exclude powers of court. ....................................................................................... 16
§535. Dismissal or reduction in rank. ........................................................................................ 16
§536. Loss or damage to be recovered from salary. ................................................................ 16
PART V - GENERAL 16
§537. Power to prosecute under other laws. ............................................................................ 16
§538. Duty to assist police. .......................................................................................................... 16
§539. Immunity............................................................................................................................. 17
§540. Restrictions in joining Associations. ................................................................................ 17
§541. Regulations. ........................................................................................................................ 17
PART VI- UNDERCOVER INVESTIGATIONS DIVISION 18
§542. Functions. ............................................................................................................................ 18
§543. Administration of the Division. ....................................................................................... 18
§544. General Powers of the Director. ....................................................................................... 18
§545. Control of the Division. ..................................................................................................... 19
§546. Undercover Officers. ......................................................................................................... 19
§547. Oath of Office. .................................................................................................................... 19
§548. Other employment. ............................................................................................................ 19
§549. General powers and duties of Undercover Officers. ..................................................... 19
§550. Duty of confidentiality....................................................................................................... 20
§551. Power to collect evidence. ................................................................................................. 21
§552. Duty to assist. ...................................................................................................................... 21
§553. Immunity. ............................................................................................................................ 21
§554. Resignation. ......................................................................................................................... 21
§555. Discharge or suspension.................................................................................................... 21
§556. Discipline. ............................................................................................................................ 22
§557. Unauthorized disclosure; criminal penalties. ................................................................. 23
§558. Restrictions in joining Associations. ................................................................................ 23
§559. Return of state property upon ceasing to be a member of the Division. .................... 24
§560. Loss or damage to be recovered from salary. ................................................................. 24
§561. Expenditures for undercover investigations. ................................................................. 24
§562. Regulations. ......................................................................................................................... 25
§563. Definitions for Part VI. ....................................................................................................... 26
PART VII- FINANCE 26
§564. Sea Patrol Fund. .................................................................................................................. 26
§565. Payments into the Fund..................................................................................................... 26
§566. Payments out of the Fund. ................................................................................................ 27
§567. Accounts and Records. ...................................................................................................... 27
§568. Annual Reports. .................................................................................................................. 28
TITLE 5 – PUBLIC OFFICES AND AGENCIES
CHAPTER 5 - PUBLIC SAFETY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
PUBLIC SAFETY ACT 1988
AN ACT to provide for the establishment of a Department of Public Safety, Police
Force and Prisons and to specify the powers and functions of the officers of the
Force and Prisons and for matters connected therewith.
Commencement: October 24, 1988
Source: P.L. 1988-17
Amended By: P.L. 1991-143 P.L. 1992-15 P.L. 1993-75
P.L. 1994-99 P.L. 2001-42 P.L. 2005-43 P.L. 2013-17
PART I - PRELIMINARY
§501. Short title.
This Chapter may be cited as the Public Safety Act 1988. [P.L. 1988-17, §1.]
§502. Interpretation.
In this Chapter the words:
(a) “Commissioner” means the Commissioner of Public Safety
appointed under Section 508(1) of this Chapter;
(b) “Force” means the Police Force established under
Section 503(2) of this Chapter;
(c) “Minister” means the Minister for the time being in charge of
the subject, justice;
(d) “parole” means conditional and revocable release of a prisoner
serving an unexpired sentence in prison;
(e) “Parole Officer” means a Parole Officer appointed under
Section 530 of this Chapter;
(f) “regulations” means regulations made under Section 541 of
this Chapter;
(g) “Superintendent” means Superintendent of Prisons appointed
under Section 526 of this Chapter;
(h) “vessel” means any boat, yacht, lighter, barge, ship or other
floating craft of any description.
(i) “Fund” means the Sea Patrol Fund established under
Section 564 of this Chapter. [P.L. 1988-17, §2, amended by P.L 1991-143, §3(2);
P.L. 1993-75, §2.][Subsection (e) amended by P.L.2013-17].
PART II- DEPARTMENT OF PUBLIC SAFETY
DIVISION1- ESTABLISHMENT OF DEPARTMENT
§503. Establishment of the Department of Public Safety.
(1) There shall be established in the Marshall Islands a Department
called the Department of Public Safety, hereinafter referred to as the
“Department”.
(2) The Department shall consist of a Police Force, hereinafter referred to
as the “Force” under which shall have sub-divisions called the Fire
Department, and at the discretion of the Minister, a Sea Patrol
Division and a separate division called the Prisons Division.[P.L. 1988-17, §3.]
§504. Head of the Department.
The Commissioner of Public Safety shall be the head of the Department and
shall be in charge of the administration of the Department. [P.L. 1988-17, §4.]
§505. Functions of the Force.
The Force shall be deployed in and throughout the Marshall Islands for the
maintenance of law and order, the preservation of the peace, the protection
of life and property, the prevention and detection of crime and the
enforcement of laws and regulations. And the Force shall be entitled, in
accordance with the regulations, for the performance of such duties, to carry
Department firearms. [P.L. 1988-17, §5.]
§506. General Powers of the Commissioner.
The Commissioner shall have the command, superintendence and direction
of the Force and may from time to time make orders for the general
management and control of officers in relation to their discharge, training,
firearms, clothing and equipment, classification and grading of services, as
well as their distribution and inspection and such other orders as he may
deem expedient for preventing neglect and for promoting efficiency and
discipline on the part of the officers in the discharge of their duties.[P.L. 1988-17, §6.]
§507. Administration of the Force.
(1) The administration of the Force throughout the Marshall Islands shall
be vested in the Commissioner.
(2) The control of the Force in any place shall be vested in such officer as
may be appointed by the Commissioner to be in charge thereof; and
such officer shall be subordinate to and carry out the orders of the
Commissioner in all matters connected with discipline and training
of the members of the Force under him and for the prevention,
detection and enforcement of crime. [P.L. 1988-17, §7]
DIVISION 2- APPOINTMENT, ENROLLMENT, SERVICE AND DISCHARGE
§508. The Commissioner of Public Safety.
(1) There shall be a Commissioner of Public Safety who shall be
appointed by the Minister, with the approval of the Cabinet. He may
be removed by the Minister, in the same manner, with or without
cause.
(2) Police Officers of the ranks of Captain, Sergeant and Policeman, and
civilians of the Force shall be appointed by the Commissioner in
consultation with the Minister. [P.L. 1988, §17 & §8.]
§509. Oath of Office.
Every member of the Force shall on being enrolled make and sign before the
Commissioner an oath or an affirmation as may be prescribed by
regulations. [P.L. 1988-17, §9.]
§510. Resignation.
Any officer of or below the rank of Captain may resign from the Force at
anytime by giving two months notice in writing of his intention to do so to
the commission; provided, that in any case the Commissioner may in his
discretion waive the period of notice to be given. [P.L. 1988-17, §10.]
§511. Discharge.
Any officer of the Force may be discharged by the Minister, on the
recommendation of the Commissioner, at any time if:
(a) the Minister considers that he is unlikely to become or has
ceased to be an efficient officer;
(b) he is pronounced by a Medical Officer to be mentally or
physically unfit for further service;
(c) the Minister considers his discharge is necessary and in the
public interest; or
(d) he is convicted of a felony or crimes of moral turpitude.
Provided, that no officer shall be discharged unless he has been given
two weeks notice in writing of the intention to so discharge or two
weeks salary in lieu of such notice. [P.L. 1988-17 §11.]
§512. Return of state property upon ceasing to be a member of the Force.
(1) When an officer ceases to be a member of the Force, he shall
forthwith deliver up to the Commissioner or to the officer in charge
of the police at the place where he was last stationed all firearms,
ammunition, uniforms and other equipment which have been
supplied to him which are the property of the Government.
(2) Any officer who, having ceased to belong to the Force, without
probable cause, fails to deliver up any firearms, ammunition,
uniforms or other appointments as required by this Section, shall be
guilty of an offense and upon conviction before the High Court, be
liable to a fine not exceeding $500 or to a term of imprisonment not
exceeding six (6) months. In addition, the Court shall issue a warrant
to search and seize all such arms, ammunition, uniforms or other
appointments which have not been delivered. [P.L. 1988-17, §12.]
DIVISION 3- POWERS AND DUTIES OF POLICE OFFICERS
§513. Other employment.
A Police Officer shall not, except with the written consent of the
Commissioner, engage in any outside or off duty employment or office
whatsoever other than in accordance with his duties under this Chapter.[P.L. 1988-17, §13.]
§514. General powers and duties.
(1) Every Police Officer shall exercise such powers and perform such
duties as are by law conferred or imposed on a Police Officer, and
shall obey all lawful directions with respect to the execution of his
office which he may from time to time receive from his superiors in
the Force.
(2) Every Police Officer shall be deemed to be on duty at all times and
may from time to time be detailed for duty in any part of the
Marshall Islands.
(3) It shall be the duty of every Police Officer promptly to obey and
execute all orders and warrants lawfully issued to him by any
competent authority, to collect and communicate information
affecting the public peace, to prevent the commission of offenses and
public nuisances, to detect and bring offenders to Justice, and to
apprehend all persons whom he is legally authorized to apprehend
and for whose apprehension sufficient grounds exist.
(4) It shall be lawful for every Police Officer to prevent, detect and
apprehend all persons who are attempting to commit or committing
an offense under any law, whether any enforcement or investigating
authority is appointed under such law or not.
If any Police Officer prevents, detects or apprehends any person attempting
to commit or committing an offense, it shall be his duty to refer, all goods
and material taken into custody and persons apprehended to the nearest
enforcement or investigating authority under the law. [P.L. 1988-17, §14.]
§515. Powers to take photographs, etc. and methods of identification.
(1) The officer in charge of a police station may cause to be taken, for use
and record with the police registry, photographs, descriptions,
measurements and finger prints of any person in lawful custody for
any offense punishable by imprisonment whether accused or
convicted.
(2) It shall be unlawful for any Police Officer to use unreasonable force to
enable such methods of identification as aforesaid to be taken, if any
person in lawful custody as aforesaid refuses to submit in a proper
manner to the methods of identification aforesaid. [P.L. 1988-17, §15.]
§516. Power to collect evidence.
It shall be lawful for a Police Officer to take such tests and collect such
samples, like Breathalyzer tests and blood samples for the proper
investigation of crime. [P.L. 1988-17, §16.]
§517. Duty to keep order on Public Roads.
(1) It shall be the duty of Police Officers
(a) regulate and control traffic;
(b) divert all or any particular kind of traffic when in the opinion
of a Police Officer it is in the public interest to do so;
(c) keep order on public roads, streets, thoroughfares and landing
places, and at other places of public resort or places to which
the public has access;
(d) prevent obstructions by trailers and other heavy vehicles on
public roads, streets, thoroughfares and other public places;
and
(e) prevent obstructions on the occasion of assemblies and
processions on the public roads and streets, and in any case
when any road, street thoroughfare or landing place may be
liable to be thronged or obstructed. [P.L. 1988-17, §17.]
DIVISION 4- FIRE DIVISION
§518. Functions.
(1) The Fire Division shall be primarily responsible for the protection of
life and property from hazards of fire.
(2) The Division shall be in the charge of a Captain of the Force, who will
be designated as the Chief of the Fire Division, who shall act under
the command and guidance of the Commissioner [P.L. 1988-17, §18.]
§519. Duties of the Division.
(1) It shall be the duty of the Fire Division, either on information
received or on its own motion to take all necessary steps to protect
life and property at its earliest opportunity from the hazards of fire.
(2) The Fire Division shall be entitled to possess and maintain all
necessary fire fighting equipment for the efficient and proper
functioning of the Division. [P.L. 1988-17, §19.]
§520. Power of officers to enter and break open premises.
Any officer of the Division may enter and if necessary break into any
building that is or is reasonably supposed to be on fire, or any building or
land adjoining or near thereto, without the consent of the owner or occupier
thereof, and may do all such acts and things as he may deem necessary for
extinguishing the fire in any such building or for protecting the same or
rescuing a person or property therein from fire. [P.L. 1988-17, §20.]
§521. Power to restrict public from places of fire.
(1) It shall be lawful for any Police Officer of the Division to cordon off
any area which in his opinion is not safe for the public and to restrict
and prohibit any person entering the area without authority. He may
also evacuate any person from any house or building in or around
the area of fire for better security or safety of such person.
(2) Every person, who fails to obey any lawful order or who obstructs
the due performance of the duties of an officer under this Section
shall be guilty of an offense and shall upon conviction before the
High Court, be liable to a fine not exceeding $500 or to a term of
imprisonment of not exceeding six (6) months, or both. [P.L. 1988-17, §21.]
DIVISION 5- SEA PATROL DIVISION
§522. Functions.
The Minister may, if he deems necessary, establish a Sea Patrol Division of
the Force for the prevention and detection of crime and for the enforcement
of laws and regulations outside the land area and within the territorial
waters or other areas or zones of the sea as provided by law. [P.L. 1988-17, §22.]
§523. Powers of Sea Patrol Division.
(1) Where any Police Officer has reason to believe or suspect that any
boat or vessel is attempting to commit or is in the act of committing
or has committed any offense, it shall be lawful for such officer to:
(a) give such orders, directions or signals, or to use such devices,
or to take such other measures, as may be necessary to stop the
boat or vessel or to cause it to be halted;
(b) enter, inspect and search the boat or vessel:
(c) arrest any person against whom a reasonable suspicion
exists; and
(d) to seize any boat or vessel including all goods therein.
(2) If any Police Officer arrests any person or seizes any boat or vessel
under Subsection (1) of this Section, it shall be his duty to refer such
person arrested and boat or vessel seized, to the nearest enforcement
or investigating authority, if under the law. [P.L. 1988-17, §23.]
§524. Equipment of the Division.
The Sea Patrol Division shall be entitled to possess, carry and maintain boats
and vessels, guns and ammunition and all other equipment and material
necessary for the efficient and proper functioning of the Division.[P.L. 1988-17, §24.]
PART III - PRISONS DIVISION
§525. Establishment of Prisons.
(1) The Minister may by notice declare any building or part of a building
to be a prison for the purposes of this Chapter.
(2) The Superintendent of Prisons may, at his discretion transfer
prisoners from one prison to prevent overcrowding, for security, or
for any other reason. [P.L. 1988-17, §25.]
§526. Superintendent of Prisons.
The Minister may appoint an officer as the Superintendent of Prisons in
whom shall vest the general supervision and control of all prisons. The
Commissioner of Public Safety shall act as the Superintendent of Prisons
until such time as a Superintendent is appointed under this Section.[P.L. 1988-17, §26.]
§527. Other Officers.
(1) The Minister may also appoint such subordinate officers in such
ranks in prisons as he may deem fit.
(2) Where the Minister finds that the number of subordinate officers
employed in a prison is insufficient to secure proper management
and security, or until such time such officers are appointed, he may,
in consultation with the Commissioner, employ such number of
Police Officers as he may consider to be necessary to perform the
duties of such officers in such prison. [P.L. 1988-17, §27.]
§528. Prison Officers to have powers of Police Officers.
For the purpose of conveying any person to or from a prison, or for the
purpose of apprehending a prisoner who may have escaped, every Prison
Officer while engaged in such duty shall have all powers, protection and
privileges of a Police Officer. [P.L. 1988-17, §28.]
§529. Corrections and Parole.
(1) It shall be the duty of the Superintendent of Prisons to take every step
and make every endeavor for the correction and rehabilitation of
prisoners.
(2) The Prison Officer shall maintain individual records of all prisoners,
who are sentenced to serve and the records shall reveal the prisoners’
conduct and behavior in prison. [P.L. 1988-17, §29.]
§530. Parole Officer.
(1) The Minister may appoint a Parole Officer to be attached to any
prison who shall have access to the prisons, prisoners and all records
relating to prisoners at all times during the day.
(2) It shall be the duty of the Parole Officer to visit and interview all
prisoners and take all possible steps to correct and rehabilitate them.
[P.L. 1988-17, §30][Amended by P.L.2013-17].
§531. Parole of Prisoners.
(1) The Parole Officer may, upon application by the prisoners and
subject to the provisions of any other law or to the regulations made
under this Chapter or any other Act, recommend the conditional
release of prisoners, who in the opinion of the Parole Officer, are
suitable for such release.
(2) The report of the Parole Officer recommending such release shall
state reasons for such release and be submitted to the Superintendent
of Prisons who along with his recommendation shall forward the
same to the Parole Board.
(3) As used in this Part, the term “Parole Board” means the Parole Board
established under the Parole of Prisoners Act of 2001.[P.L. 1988-17, §31][amended by P.L. 2001-42, §2 Oct 18, 2001][Amended by P.L.2013-17]
§532. Conditional release.
The Parole Board may, subject to such terms and conditions as may be
prescribed in any other law or applicable regulations for granting of parole,
and acting on the report and recommendations referred to in Section 531 of
this Chapter, either release the prisoner on parole as recommended or
release the prisoner subject to such terms and conditions as it may deem fit,
or decline to grant parole to the prisoner.” [P.L. 1988-17, §32.][amended by P.L. 2001-42, §2Oct.18, 2001]
PART IV - DISCIPLINE
§533. Offenses by Police Officers and Prison Officers.
(1) Any Police Officer or Prison Officer who:
(a) willfully disobeys any lawful command;
(b) is drunk while on duty, or takes any intoxicants or harmful
drugs while on duty:
(c) uses or offers any violence against his senior officers or uses
threatening or insubordinate language on his senior officer;
(d) absents himself without leave;
(e) sleeps while on duty, or leaves his post without authority;
(f) idles or gossips when on duty;
(g) neglects or refuses to apprehend or assist the apprehension of
any suspect or prisoner whom it his duty to arrest;
(h) allows any suspect or prisoner to escape who is committed to
his charge or whom it is his duty to keep or charge;
(i) assaults or harasses any person in his custody;
(j) uses any firearm without just cause or order;
(k) without cause fails to appear or appears late for duty;
(l) sells, loses by neglect, makes away with, willfully damages, or
fails to report any damage to any arms, ammunition, clothing,
articles or necessaries supplied to him;
(m) solicits or accepts any gratuity, present, reward or favor from
any member of the public with respect to anything done or to
be done by him in the discharge of his duties of his office;
(n) does not keep his ammunition, equipment or clothing clean;
(o) without authority discloses or conveys any information
concerning any investigation or official matters;
(p) is guilty of willful misconduct;
(q) makes any false statement in relation to his duties:
(r) makes a false accusation against a fellow officer, knowing or
having good reason to believe such accusation to be false;
(s) is guilty of any other act, conduct, disorder or neglect which is
adverse to good order and discipline;
shall be deemed to have committed an offense against discipline.
(2) Regulations may be made prescribing the conduct of disciplinary
proceedings, imposition of punishments and other matters relating to
discipline. [P.L. 1988-17, §33.]
§534. Not to exclude powers of court.
Nothing in Section 533 of this Chapter, shall be construed to exempt any
officer from being proceeded against for any offense under the ordinary
course of the law. [P.L. 1988-17, §34.]
§535. Dismissal or reduction in rank.
The Minister may reduce in rank or grade or may dismiss any officer who
has been convicted by the court with respect to any offense whether under
this Chapter or otherwise. [P.L. 1988-17, §35.]
§536. Loss or damage to be recovered from salary.
If any officer sells, loses by neglect, makes away with or willfully damages
any firearms, ammunition, clothing, articles or appointments supplied to
him or any government property committed to his charge, he may in
addition to or in lieu of any other punishment, be ordered to make good the
amount of such loss or damage, and such amount may be recovered from
his salary. [P.L. 1988-17, §36.]
PART V - GENERAL
§537. Power to prosecute under other laws.
Nothing in this Chapter shall exempt any person from being proceeded
against under any other Act or law, with respect to any offense punishable
by this Chapter, or from being liable under any other Act or Law to any
other or higher penalty or punishment than is provided for such offense by
this Chapter; provided, that no person shall be punished twice for the same
offense. [P.L. 1988-17, §37.]
§538. Duty to assist police.
It shall be lawful for any Police Officer to call upon any person to assist him
if, while acting in the execution of his duty, he is assaulted or resisted or
obstructed, or in danger of being assaulted or resisted or obstructed.[P.L. 1988-17, §38.]
§539. Immunity.
No suit or prosecution shall lie against any Police Officer or Prison Officer
for any act which in good faith is done or purported to be done under this
Chapter. [P.L. 1988-17, §39.]
§540. Restrictions in joining Associations.
Regulations may be made, in accordance with Article II, Section 1(2) of the
Constitution of the Marshall Islands, restricting the time, plate or manner of
conduct of any Association or Union by Police Officers. [P.L. 1988-17, §40.]
§541. Regulations.
(1) The Minister may make regulations for the purpose of carrying out or
giving effect to the principles and provisions of this Chapter.
(2) In particular and without prejudice to the generality of the powers
conferred by Subsection (1) of this Section, the Minister may make
regulations for or with respect to all or any of the following matters:
(a) the numerical establishment of the Force and Prison Officers,
the conditions of service therein and for various grades, ranks
and appointment therein:
(b) the duties to be performed by the members of the Force and
Prison Officers;
(c) the description and issue of firearms, ammunition, material,
uniforms and necessaries to be supplied under this Chapter;
(d) the discipline of the members of the Police Force and Prison
Officers;
(e) the safe custody, management, organization, hours, mode and
kind of labor and employment, clothes, maintenance,
instruction, discipline, treatment, restraint, correction, parole
and discharge of prisoners;
(f) the mode and method of recruitment, the procedure to be
adopted in disciplinary matters, transfer, punishment, and
dismissal, of all officers and employees;
(g) all other matters stated or required by this Chapter to be
provided or prescribed by regulation;
(h) with respect to the Sea Patrol Division, regulations concerning
discipline and disciplinary procedures, responsibility for
equipment, operation of vessels, shore base and
communications, log book entries, vessel boarding and port
procedures, care of seized vessels and persons, and all other
matters concerning general sailing orders.
(3) Notwithstanding the provisions of the Administrative Procedure Act
1979, regulations made under the provisions of this Chapter shall be
valid and effective upon approval by the Cabinet. [P.L. 1988-17, §41.]
PART VI- UNDERCOVER INVESTIGATIONS DIVISION
§542. Functions.
There shall be established in the Republic the Undercover Investigations
Division to:
(a) conduct undercover investigations of sensitive matters
including, but not limited to, controlled substances such as
narcotic drugs, national security, corruption in government,
environmental law violations and trade in restricted or
prohibited goods or tax evasion; and
(b) conduct investigations into such other matters as may be
determined by the President or the Cabinet. [P.L. 1993-75, §3(42).]
§543. Administration of the Division.
There shall be a Director of the Division who shall be appointed by the
President with Cabinet approval. The Director shall be the head of the
Division in charge of administration. [P.L. 1993-75, §3(43).]
§544. General Powers of the Director.
The Director shall have the command, superintendence and direction of the
Undercover Officers and may from time to time make orders for the general
management and control of Undercover Officers in relation to their
suspension, discharge, training, firearms, clothing and equipment,
classification and grading of services and such other orders as the Director
may deem expedient for preventing neglect and for promoting efficiency
and discipline on the part of the Undercover Officers in the discharge of
their duties. [P.L. 1993-75, §3(44).]
§545. Control of the Division.
Control of the Division shall be vested in such Chief Detective as may be
appointed by the Director to be in charge thereof. The Chief Detective is the
lead Undercover Officer and shall be subordinate to and carry out the
orders of the Director in all matters connected with discipline and training
of the members of the Division under him or her and for the prevention and
detection of crime and enforcement of all laws and regulations of the
Republic. [P.L. 1993-75, §3,(45).]
§546. Undercover Officers.
An Undercover Officer is anyone who is employed by the Director as an
undercover investigations officer of the Division or who is deputized as
such an officer by the Director or by anyone so employed by the Director.[P.L. 1993-75, §3(46).]
§547. Oath of Office.
Every member of the Division shall on being enrolled make an oath or an
affirmation stating, in essence, the member promises to uphold all laws and
regulations of the Republic and abide by the duties set forth pursuant to this
Chapter. [P.L. 1993-75, §3(47).]
§548. Other employment.
An Undercover Officer employed by the Division shall not engage in any
outside or off duty employment or office whatsoever other than in
accordance with his or her duties under this Chapter, except with the
written consent of the Director. [P.L. 1993-75, §3(48).]
§549. General powers and duties of Undercover Officers.
(1) Every Undercover Officer shall exercise such powers and perform
such duties as are by law conferred or imposed on an Undercover
Officer and shall obey all lawful directions with respect to the
execution of his or her office which he or she may receive from
superiors in the Division from time to time.
(2) Every Undercover Officer shall be deemed to be on duty at all times
and may from time to time be detailed for duty in any part of the
Marshall Islands.
(3) It shall be the duty of every Undercover Officer to promptly obey and
execute all orders and warrants lawfully issued to him or her by any
competent authority, to collect and communicate information
affecting the public peace, to prevent the commission of offenses and
public nuisances, to detect and bring offenders to Justice, to enforce
all laws and regulations and to apprehend all persons whom he or
she is legally authorized to apprehend and for whose apprehension
sufficient grounds exist.
(4) It shall be lawful for every Undercover Officer to prevent, detect and
apprehend all persons who are attempting to commit or committing a
violation of any law or regulation, whether any enforcement or
investigating authority is appointed under such law or not. If any
Undercover Officer prevents, detects or apprehends any person
attempting to commit or committing an offense, it shall be his or her
duty to refer all goods and materials taken into custody and persons
apprehended to the nearest enforcement or investigating authority
under the law. [P.L. 1993-75, §3(49).]
§550. Duty of confidentiality.
(1) It shall be the duty of each Undercover Officer to keep strictly
confidential all information and other evidence collected relating to
matters deemed to be under investigation by the Director, unless
confidentiality with respect to specific information or other evidence
is waived with good cause by the Director. Confidential information
may only be shared among Undercover Officers or the Director as
needed to properly perform his or her duties.
(2) The Director and each Undercover Officer may not compel another
employed Undercover Officer to divulge confidential information
unless such information is necessary in order for that Director or
other Undercover Officer to properly perform his or her duties.[P.L. 1993-75, §3(50).]
§551. Power to collect evidence.
It shall be lawful for an Undercover Officer to take such tests and collect
such samples for the proper investigation. [P.L. 1993-75, §3(51).]
§552. Duty to assist.
It shall be lawful for any Undercover Officer to call upon any person to
assist him or her while acting in the execution of his or her duties.[P.L. 1993-75, §3(52).]
§553. Immunity.
No suit or prosecution shall lie against any Undercover Officer for any act
which in good faith is done or purported to be done under this Chapter.[P.L. 1993-75, §3(53).]
§554. Resignation.
Any employed Undercover Officer may resign from the Division at anytime
by giving two months notice in writing of his or her intention to do so to the
Director, provided that in any case the Director may waive the period of
notice to be given. [P.L. 1993-75, §3(54).]
§555. Discharge or suspension.
(1) Any employed Undercover Officer may be discharged by the
Director at any time upon consultation with the President or his or
her representative if:
(a) the officer divulges any confidential information to anyone
without prior approval of the Director unless such disclosure
is absolutely necessary under the circumstance;
(b) the Director considers he or she is unlikely to become or has
ceased to be an efficient officer;
(c) he or she is pronounced by a Medical Officer to be mentally or
physically unfit for further service;
(d) the Director considers discharge is necessary and in the public
interest;
(e) the officer is convicted of a felony or crime of moral turpitude:
or
(f) the officer otherwise conducts himself or herself in a manner
unbecoming of such an officer. No such officer may be
discharged unless he or she has been given two week’s notice
in writing of the intention to so discharge or two week’s salary
in lieu of such notice.
(2) Any employed Undercover Officer may be suspended without pay
for a period of up to thirty (30) days or during the pendency of
criminal proceedings, whichever is longer, at any time under any of
the circumstances described in Subsection (1) of this section
(3) Any other Undercover Officer may be suspended or discharged at
any time by the Director or Chief Detective. [P.L. 1993-75, §3(55).]
§556. Discipline.
(1) Any Undercover Officer who:
(a) willfully disobeys an lawful command;
(b) is drunk while on duty, or takes any intoxicants while on duty;
(c) uses or offers any violence against his or her senior officers or
uses threatening or insubordinate language on a senior officer;
(d) absents himself or herself without leave;
(e) sleeps while on duty, or leaves his or her post without
authority;
(f) unduly idles or gossips when on duty;
(g) neglects or refuses to apprehend or assist the apprehension of
any suspect or prisoner whom it is his or her duty to arrest.
(h) allows any suspect or prisoner to escape who is committed to
his or her charge or whom it is his or her duty to keep or
charge:
(i) assaults or harasses any person in his or her custody;
(j) uses any firearm without just cause or order:
(k) without cause fails to appear or appears late for duty;
(l) sells, loses by neglect, makes away with, willfully damages or
fails to report any damage to any arms, ammunition, clothing
articles or necessaries supplied to him or her;
(m) solicits or accepts any gratuity, present reward or favor from
any member of the public with respect to anything done or to
be done by him or her in the discharge of his or her duties
of office;
(n) does not keep his or her ammunition, equipment or
clothing clean;
(o) without authority discloses or conveys any information
concerning any Investigation or official matters;
(p) is guilty of willful misconduct;
(q) makes any false statement in relation to his duties unless to
persons outside the Division in the interest of confidentiality;
(r) makes a false accusation against a fellow officer, knowing or
having good reason to believe such accusation to be false; or
(s) is guilty of any other act, conduct, disorder or neglect which is
adverse to good order and discipline, shall be deemed to have
committed an offense against discipline.
(2) The Director may make regulations prescribing the conduct of
disciplinary proceedings, imposition of punishments and other
matters relating to discipline.
(3) Nothing in this Chapter shall be construed to exempt any officer from
being proceeded against for any offense under the ordinary course of
the law. [P.L. 1993-75, §3(56,)]
§557. Unauthorized disclosure; criminal penalties.
Any person who is or at one time was an Undercover Officer or Director
and who, without proper authority, discloses confidential information
acquired in the course of his or her duties with respect to any matter
deemed by the Director to be confidential in nature in accordance with this
Chapter at the time of such disclosure shall be guilty of a crime and upon
conviction shall be liable to a fine not exceeding $100 or a term of
imprisonment not exceeding (6) months, or both. [P.L. 1993-75, §3(57).]
§558. Restrictions in joining Associations.
Regulations may be made, in accordance with Article II, Section 1(2) of the
Constitution of the Marshall Islands, restricting the time, place or manner of
conduct of any Association or Union by Undercover Officers. [P.L. 1993-75, §3(58).]
§559. Return of state property upon ceasing to be a member of the
Division.
(1) Upon ceasing to be a member of the Division, an Undercover Officer
shall immediately deliver up to the Director or Chief Detective all
equipment and materials which have been supplied to him or her
which are the property of the Republic.
(2) Any person who, having ceased to belong to the Division, without
justifiable reason fails to deliver up any all equipment and materials
referred to in this section including, but not limited to firearms,
ammunition and surveillance equipment or supplies shall, in
addition to any other remedies or penalties under law, be guilty of an
offense and upon conviction be liable to a fine not exceeding $500 or a
term of imprisonment not exceeding six (6) months. In addition, such
person hereby irrevocably agrees to a reasonable search for and
seizure of all such equipment and materials which have not been
delivered at those places the Director reasonably believes such items
may be located. [P.L. 1993-75, §3(59).]
§560. Loss or damage to be recovered from salary.
If any Undercover Officer sells, loses by neglect, fails to account for, makes
away with or willfully damages any firearms, ammunition, clothing, articles
or appointments supplied to him or her or any government property
committed to his or her charge, he or she may be ordered to make good the
amount of such loss or damage in addition to or in lieu of any other
punishment, and such amount may be recovered from his or her salary.[P.L. 1993-75, §3(60).]
§561. Expenditures for undercover investigations.
Given that the Division investigates sensitive matters which requires
confidentiality and that expenditures for such investigations will be
required from time to time, it is the intention of the Nitijela that withdrawals
for expenditures be kept confidential during an investigation. Therefore,
notwithstanding the Financial Management Act 1990, as amended, and any
other applicable law or policy of the Republic:
(1) Funds out of the Division’s budget or other such funds designated for
the purpose of conducting undercover investigations may be
withdrawn with the authority of the Director, who shall satisfy
himself or herself that the withdrawals are made in accordance with
the Chapter, and the Secretary of Finance, who shall satisfy himself or
herself that such funds are available.
(2) A delegation under Article VII, Section 5(1), of the Constitution of the
Republic of the Marshall Islands to expend funds for the purpose of
undercover investigations is given to the Director or his or her
designee.
(3) Any expenditures made pursuant to this section are subject to review
by the Cabinet or Ministry of Finance, or audit by the Auditor
General as provided for under law, upon completion of the matter
under investigation. [P.L. 1993-75, §3(61).]
§562. Regulations.
(1) The Director may make regulations for the purpose of carrying out or
giving effect to the principles and provisions of this Chapter.
(2) In particular and without prejudice to the generality of the powers
conferred by Subsection (1) of this Section, the Director may make
regulations for or with respect to all or any of the following matters:
(a) the numerical establishment of the Division, the conditions of
service therein and for various grades, ranks and
appointments thereunder;
(b) the duties to be performed by the members of the Division;
(c) the description and issue of firearms, ammunition, material,
uniforms and necessaries to be supplied under this Chapter;
(d) the discipline of the members of the Division;
(e) the mode and method of recruitment, the procedure to be
adopted in disciplinary matters, transfer, punishment and
dismissal of all officers and employees;
(f) all other matter stated or required by this Chapter to be
provided or prescribed by regulation.
(3) Notwithstanding the provisions of the Administrative Procedure Act
1979, as amended, regulations made under the provisions of the
Chapter shall be valid and effective upon approval by the Cabinet.[P.L. 1993-75, §3(62).]
§563. Definitions for Part VI.
In this Part VI, unless the context requires otherwise:
(1) “Chief Detective” means that Undercover Officer appointed in
accordance with Section 545 of this Chapter;
(2) “Director” means the director of the Division appointed in
accordance with Section 543 of this Chapter;
(3) “Division” means the Undercover Investigations Division;
(4) “Undercover Officer” mean anyone who is employed by the Director
as an undercover investigations officer or who is deputized as such
an officer by the Director or by anyone so employed by the Director.[P.L. 1993-75, §3(63).]
PART VII- FINANCE
§564. Sea Patrol Fund.
(1) There is hereby established a fund to be known as the Sea Patrol
Fund (hereinafter, “the Fund”).
(2) The Fund is a [special revenue] fund within the National Treasury and
under the control and supervision of the Ministry of Finance, which
shall provide for its administration in accordance with the Financial
Management Act of 1990, as amended, 11 MIRC 1. [P.L. 1991-143, §3(4);amended by P.L. 1994-099, §3(22)(c).]
§565. Payments into the Fund.
(1) There shall be paid into the Fund:
(a) all monies appropriated by the Nitijela for the purposes of
the Fund;
(b) all monies designated for fisheries surveillance and marine
law enforcement, including but not limited to all monies paid
to the Republic under Section 216 (a)(1) of the Compact of Free
Association;
(c) all civil or criminal fees, fines, penalties, settlements,
compromises, payments in satisfaction of compounding an
offense, and any other sums collected or generated in the
enforcement of fisheries or other laws which the Sea Patrol
may be called upon to enforce; and
(d) such other monies as may be received by the Sea Patrol.
(2) Notwithstanding Subsection (1), any moneys paid into the Fund in
accordance with Paragraphs (c) or (d) of Subsection (1) which are in
excess of $750,000 received under Paragraphs (a) through (d) of
Subsection (1) in any financial year, shall be transferred to the
program area “Cabinet Operation” and shall in turn be:
(a) appropriated to the Marshall Islands Marine Resources
Authority Fund established under Section 30 of the Marshall
Islands Marine Resources Authority Act 1997; or
(b) re-appropriated to the Sea Patrol Fund; or
(c) both (a) and (b) of this Subsection, at the discretion of the
Cabinet and in accordance with the needs and requirements of
the Sea Patrol and the Marshall Islands Marine Resources
Authority;
provided, however, that no money transferred to Cabinet Operations
in accordance with this Subsection may be used for any purpose
other than as provided herein. [P.L. 1991-143, §3(4).]
§566. Payments out of the Fund.
(1) Payments may be made out of the Fund only for the purposes of:
(a) carrying out the powers and duties of the Sea Patrol;
(b) the costs and expenses of the Sea Patrol;
(c) working capital and petty cash, and similar expenses; and
(d) giving effect to all laws concerning marine law enforcement.
(2) No money shall be withdrawn from the Fund except in accordance
with this Act and with the procedures prescribed by the Financial
Management Act. [P.L. 1991-143, §3(4); amended by P.L. 1992-15, §3, byP.L. 1994-99, §3(22)(b).]
§567. Accounts and Records.
(1) The Secretary of Finance shall maintain, in accordance with the
procedures prescribed by the Financial Management Act, proper
accounts and records with respect to the Fund, any money paid into
or out of the Fund, and any property purchased with money from the
Fund.
(2) The accounts to be laid before the Nitijela by the Minister of Finance
under Articles VIII, Section 5(4) of the Constitution shall include
accounts relating to the Sea Patrol Fund.
(3) The accounts and records maintained under subsection (1) of this
Section shall be audited by the Auditor-General as provided for
under Article VIII, Section 15 of the Constitution. [P.L. 1991-143, §3(4),amended by P.L. 1994- 99, §3(22)©]
§568. Annual Reports.
The Commissioner of Public Safety shall, at the end of each financial year,
submit to the Minister of Justice, a report on the activities and or programs
carried out by the Department of Public Safety and all its Divisions in that
financial year. The Minister of Justice shall table such report before Cabinet.[P.L. 2005-43]