B-158510, MAR. 1, 1966

B-158510: Mar 1, 1966

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THE RECORD SHOWS THAT A SPECIAL AGENT OF THE SECRET SERVICE WHILE IN THE COURSE OF INVESTIGATING AN ALLEGED FORGERY OF A UNITED STATES TREASURER'S CHECK WAS QUESTIONING A JUVENILE ON MARCH 5. WHEN HE WAS APPREHENDED THE AGENT TOOK HIM TO THE GENERAL HOSPITAL AT KANSAS CITY WHERE MEDICAL SERVICES WERE RENDERED AND THE BILL OF $8.25 WAS PAID BY THE SPECIAL AGENT FROM HIS PERSONAL FUNDS. WE HAVE BEEN INFORMALLY ADVISED THAT AT THE TIME THE MEDICAL SERVICES WERE RENDERED THE JUVENILE HAD NOT BEEN ARRESTED. HE WAS SUBSEQUENTLY ARRESTED ON MARCH 10. THE SUM OF $8.25 REPRESENTING THE MEDICAL SERVICES WAS SUSPENDED FROM THE AGENT'S TRAVEL VOUCHER AND HE IS NOW SUBMITTING A CLAIM FOR THE AMOUNT SUSPENDED.

B-158510, MAR. 1, 1966

TO AUTHORIZED CERTIFYING OFFICER UNITED STATES SECRET SERVICE:

THIS REFERS TO YOUR LETTER OF FEBRUARY 9, 1966, WITH ENCLOSURES, REFERENCE FILE: 300.0, REQUESTING OUR DECISION WHETHER THE CLAIM FOR $8.25 REPRESENTING MEDICAL EXPENSES MAY BE REIMBURSED UNDER THE CIRCUMSTANCES RELATED BELOW.

THE RECORD SHOWS THAT A SPECIAL AGENT OF THE SECRET SERVICE WHILE IN THE COURSE OF INVESTIGATING AN ALLEGED FORGERY OF A UNITED STATES TREASURER'S CHECK WAS QUESTIONING A JUVENILE ON MARCH 5, 1965, AT WHICH TIME THE JUVENILE FLED. IN FLEEING THE JUVENILE HAD INJURED HIS HAND. WHEN HE WAS APPREHENDED THE AGENT TOOK HIM TO THE GENERAL HOSPITAL AT KANSAS CITY WHERE MEDICAL SERVICES WERE RENDERED AND THE BILL OF $8.25 WAS PAID BY THE SPECIAL AGENT FROM HIS PERSONAL FUNDS. WE HAVE BEEN INFORMALLY ADVISED THAT AT THE TIME THE MEDICAL SERVICES WERE RENDERED THE JUVENILE HAD NOT BEEN ARRESTED. HE WAS SUBSEQUENTLY ARRESTED ON MARCH 10, 1965, FOR CHECK FORGERY AND LATER PLACED ON PROBATION. THE SUM OF $8.25 REPRESENTING THE MEDICAL SERVICES WAS SUSPENDED FROM THE AGENT'S TRAVEL VOUCHER AND HE IS NOW SUBMITTING A CLAIM FOR THE AMOUNT SUSPENDED.

GENERALLY THE NECESSARY EXPENSES OF MEDICAL TREATMENT OF PERSONS WHO HAVE BEEN ARRESTED BY OFFICERS OF THE UNITED STATES AND ARE HELD AS PRISONERS OF THE UNITED STATES IS AN EXPENSE INCIDENT TO THE ARREST WHICH, IF INCURRED UNDER PROPER CONDITIONS WITH DUE AUTHORITY, IS A PROPER CHARGE AGAINST THE UNITED STATES. 27 COMP. DEC. 531; 2 COMP. GEN. 804; 14 ID. 300; 17 ID. 860. HOWEVER, SUCH RULE IS NOT APPLICABLE WHERE THE INJURED PERSON HAS NOT BEEN ARRESTED AND IS NOT IN CUSTODY OF THE UNITED STATES WHEN THE MEDICAL TREATMENT WAS FURNISHED. 2 COMP. GEN. 804.

SINCE THE QUESTION OF ARREST AND DETENTION APPEARS TO REQUIRE CONSIDERATION OF THE OFFICER'S INTENT, WE ARE UNABLE TO ASCERTAIN FROM THE AGENT'S STATEMENT WHETHER WHEN HE "APPREHENDED" THE JUVENILE AND TOOK HIM TO THE HOSPITAL FOR TREATMENT HE HAD IN FACT ARRESTED THE LATTER AND HAD HIM IN CUSTODY DURING THE TREATMENT EVEN THOUGH HE MAY THEREAFTER HAVE RELEASED HIM.

THEREFORE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT UNLESS AND UNTIL IT IS DETERMINED THAT THE INDIVIDUAL HAD BEEN ARRESTED AND WAS IN CUSTODY AT THE TIME OF THE MEDICAL TREATMENT.