April 3, 1980
Subject:
Sheriffs; Criminal Law and Procedure; G.S. 15-54
Requested By:
H. D. Joyner, Deputy Cabarrus County Sheriff’s Department
Questions:
- Is a Sheriff or other law enforcement officer authorized to accept a reward paid by the United States Government for the apprehension of serviceman who is absent without leave?
- If so, may the County deduct from the reward the costs of keeping the apprehended serviceman pending delivery of the serviceman to the military?
Conclusions:
- A sheriff or other law enforcement officer is authorized to accept a reward offered by the United States government for the arrest of a serviceman who is absent without leave.
- The cost of keeping the serviceman in the custody may not be deducted from the reward received by the Sheriff or other law enforcement officer. The appropriate branch of the military should be billed for the costs of keeping the serviceman pending his delivery to the military authorities.
The various branches of the United States Armed Forces have customarily offered a reward for the apprehension of deserters, prisoners, and members absent without leave. The amount of the reward presently may not exceed $75.00 in any one case. See e.g. Public Law 96-154, Title VII, § 709, December 21, 1979, 93 Stat. 1153.
G.S. 15-54 provides as follows:
Officer Entitled to Reward. – Any Sheriff or other officer who shall make an arrest of any person charged with a crime for whose apprehension a reward has been offered is entitled to such reward, and may sue for and recover the same in any Court in this State having jurisdiction: Provided, that no reward shall be paid to any Sheriff or other officer for any arrest made for a crime committed within the county of such Sheriff or officer making such arrest.
The statute appears to apply to rewards for crimes against the State of North Carolina. Absence without leave from one of the branches of the United States Armed Forces, a crime under the Uniform Code of Military Justice, 10 U.S.C. § 886, is a federal, not a State, offense. However, we believe the General Assembly in enacting the statute intended to establish a State policy allowing law enforcement officers to accept rewards except in the case of State crimes committed within the county where the Sheriff or officer is employed. G.S. 15-54 has been noted and approved by the Supreme Court of this State in the case of BOARD OF COMMISSIONERS OF GRANVILLE COUNTY, 193 N.C. 659, 137 S.E. 711 (1927), in which the Court made the following observation:
Whether or not a sheriff or other police officer whose official duty it is to arrest such person and who receives compensation, by fees or otherwise for the performance of this official duty, shall be entitled to a reward provided for by statute is a matter of policy to be determined by the General Assembly.
If it is a matter of state policy to permit an individual law enforcement officer to collect a reward offered for a crime committed against the State of North Carolina, we would assume by analogy that the Sheriff or law enforcement officer could accept a reward offered by the federal government for the arrest of an AWOL service member. We do not believe that the proviso -that rewards may not be accepted for crimes committed within the county — would be applicable to a reward offered by the federal government. In other words, a law enforcement officer in Cumberland County could arrest a serviceman who has gone AWOL from Fort Bragg.
The second question concerns whether the costs of maintaining the AWOL prisoner while he was in custody awaiting deliver to the military authorities can be deducted from the reward. It appears that under the federal statute the reward goes to the individual. Along with the provision for the reward though there is a provision for expenses of apprehension and delivery of AWOL personnel. Custodial expenses for military prisoners pending receipt by military authorities is considered an expense of apprehension and delivery. The Army pays $5.00 per day in accordance with G.S. 7A-313. Reimbursement should be sought by submitting a bill to the Provost Marshal of the military installation to which the prisoner is taken.
Rufus L. Edmisten Attorney General
James Peeler Smith Assistant Attorney General