Find a Security Clearance Job!

Military

Part Three

United States Military Prisoners

The US military prisoner operations are conducted under the umbrella of the Army Corrections System (ACS). The ACS is an integral part of the military justice system, which provides incarceration and correctional services for US military personnel. The ACS provides custody and control of military offenders, while providing access to basic education, offense-related counseling, selected academic courses, and training necessary for return to military duty or the civilian community. Specific use-of-force guidelines and the ROI apply to US military prisoner operations. On the battlefield, US military prisoner operations parallel the internment and evacuation systems for EPWs, CIs, RPs, ODs, and DCs. However, US military prisoners are not treated as or confined with them.

Chapter 7 contains information on the ACS and provides the foundation and guidance for conducting US military prisoner operations during wartime. Chapter 8 discusses the short-term confinement of US military prisoners abroad during wartime, the field detention facility (FDF), and the field confinement facility (FCF).


Chapter 7

Army Corrections System

The ACS provides confinement and correctional treatment for US military prisoners. It operates on a corrective basis, rather than a punitive basis, and its goal is to help prisoners become responsible, productive citizens. The ACS facilities are staffed with carefully selected, well-trained, professional personnel. Prisoners have access to programs that provide education and rehabilitation. The staff and the programs are dedicated to helping prisoners recognize and resolve their problems, correct their behavior, and improve their attitudes.

LEVELS OF CONFINEMENT

7-1. The Army maintains a three-tiered correctional system to meet the needs of prisoners. Although the mission at all levels is to confine and provide correctional treatment, the mission emphasis differs at each level. These differences are based on the length of time prisoners are confined and the facilities and services required by the confinement.

LEVEL I—CONFINEMENT FACILITIES

7-2. Confinement facilities provide—

  • Pretrial confinement.

  • Short-term posttrial confinement (normally 90 days or less).

  • Custody.

  • Control.

  • Administrative support.

  • Limited counseling.

7-3. Installations without ACS facilities can contract to incarcerate pretrial prisoners in federally approved civilian jails. Agreements must provide for segregation of prisoners by rank (officer, NCO, and enlisted), sex, and posttrial status. Forward copies of agreements with civilian jurisdictions to HQDA (DAMO-ODL-C). A sentenced prisoner who is pending transfer to an ACS facility cannot be confined in a civilian jail for more than 10 days. However, an installation commander can notify HQDA (DAML-ODL-C) and authorize exceptions for prisoners sentenced to 30 days or less.

LEVEL II—REGIONAL CORRECTIONS FACILITIES

7-4. Regional corrections facilities (RCFs) provide—

  • Pretrial confinement support.

  • Multifaceted correctional-treatment programs.

  • Vocational and military training to prepare prisoners for return to duty or, if determined suitable, return to civilian society.

  • Administrative support.

  • Basic educational opportunities.

  • Employment.

  • Selected mental-health programs.

  • Custody.

  • Control.

LEVEL III—UNITED STATES DISCIPLINARY BARRACKS

7-5. The United States Disciplinary Barracks (USDB) is a maximum-custody facility that provides long-term incarceration for prisoners. It is the only ACS facility authorized to permanently incarcerate posttrial prisoners who are sentenced to death.

7-6. Although federal civilian penal institutions are not a part of the ACS, they may be used to confine prisoners. The Federal Bureau of Prisons administers and operates the federal penal system. Military prisoners whose disciplinary and adjustment records indicate a need for treatment that is available in a federal penal institution may be transferred to that system. Those scheduled for incarceration in a federal institution are first confined at the USDB and then transferred to the federal institution. (See AR 190-47 for more information.)

CORRECTIONAL FACILITIES

7-7. Based on operational requirements and programs, HQDA (DAMO-ODL-C) determines where prisoners are incarcerated if they are sentenced to more than 30 days. The RCF provides short- and medium-term confinements, and the USDB provides long-term confinement.

7-8. The facility commander is responsible for the administration and operation of specialized correctional programs. The programs provide the professional evaluation, counseling, education, and administration needed to prepare prisoners for return to military or civilian life. Chapter 8 discusses procedures and guidelines for establishing FDFs and FCFs.

LEGAL RIGHTS AND REQUIREMENTS

7-9. The UCMJ and local and service regulations govern the restraint and confinement of military personnel. The ACS provides legal, humane, and just treatment of prisoners throughout the confinement process, from pretrial confinement to sentence expiration.

PRISONERS' RIGHTS

7-10. Soldiers do not automatically forfeit all of their rights upon confinement. Prisoners retain most of the rights guaranteed by the US Constitution, although perhaps to a lesser degree. The most important constitutional rights for prisoners are:

  • First Amendment (freedom of speech and religion).

  • Fourth Amendment (freedom against unreasonable search and seizure).

  • Fifth Amendment (right against self-incrimination [Miranda Rights]).

  • Sixth Amendment (right to counsel).

  • Eighth Amendment (prohibition of cruel and unusual punishment).

CONFINEMENT REQUIREMENTS

7-11. Prisoners in pretrial confinement are informed of the charges causing their confinement. Within 48 hours of their confinement (via their chain of command), a US magistrate reviews the circumstances of the confinement and determines whether continued pretrial confinement is necessary.

7-12. Individuals are accepted for confinement only on receipt of a court-martial order, a report of the trial results, or a confinement order. The convening authority ordering the execution of the sentence must issue the court-martial order. If a commissioned or warrant officer is placed in pretrial confinement, the confinement order originates with his commander. The confinement order is read to the soldier by a commissioned officer. An enlisted soldier may be pretrial confined by order of his commanding officer or any commissioned officer who has personal knowledge of the offense or has made inquiry into it.

7-13. Specific procedures for pretrial confinement are contained in local SOPs and local supplements to AR 27-10. A new confinement order is not needed to reconfine a soldier who is convicted at trial by court-martial following pretrial confinement. A commander or the trial counsel, if such authority is delegated to him, can order the soldier into posttrial confinement with a report of the trial results.

PRISONER STATUS

7-14. A prisoner or a pretrial detainee is informed of his status upon arrival at a confinement facility. His status is necessary in response to judicial proceedings and other actions. The following statuses pertain to US military prisoners:

  • Casual . A casual prisoner is confined awaiting—

    • Further instructions from another command or military service.

    • Transfer to another facility.

    • Return to his unit.

  • Detained . A detained prisoner (pretrial detainee) is an enlisted service member who is confined awaiting—

    • Charges to be filed.

    • The disposition of charges.

    • A trial by court-martial.

    • A trial by a foreign court.

  • Adjudged . An adjudged prisoner has been sentenced in open court, but the convening authority has not approved the sentence.

  • Approved-adjudged . An approved-adjudged prisoner's sentence has been approved and adjudged, but it has not been ordered into execution.

  • Sentenced . A sentenced prisoner is serving a sentence that has been ordered into execution.

  • Officer . An officer prisoner or an officer pretrial detainee is a commissioned or warrant officer on active duty who has been placed in confinement, but his sentence has not been ordered into execution.

SEGREGATION

7-15. Segregate prisoners as follows:

  • Pretrial detainee . A pretrial detainee is not treated the same as a posttrial prisoner whose status is adjudged, approved-adjudged, or sentenced. He has not been proven guilty of an offense. His confinement is not a punishment, but it ensures his presence for trial and prevents further misconduct. If possible, segregate his living and working areas from all other prisoners.

  • Officer . An officer prisoner whose sentence has not been ordered into execution is entitled to certain rights and privileges. These privileges end when an officer's sentence begins and his status changes from an officer prisoner to a sentenced prisoner. House a posttrial officer prisoner in the general prisoner population.

  • Female . A female prisoner or a female pretrial detainee is confined in a facility that is approved for housing women. If an on-post facility is unavailable, coordinate confinement with local officials who have a federally approved detention facility for women. A civilian facility may only be used for pretrial or short-term, posttrial confinement. Segregate female prisoners from male prisoners except when they are participating in supervised classes, vocational education, or group counseling. Female correctional personnel supervise and control female prisoners in administration or disciplinary segregation. If two female guards are unavailable, use precautions when escorting a female prisoner. For example, use two male guards or one male guard and one female guard. Female prisoners are incarcerated in ACS facilities when directed by HQDA (DAMO-ODL-C).

CUSTODY AND CONTROL

7-16. Custody and control are basic functions for every confinement or correctional facility. Facility personnel achieve and maintain custody and control by subjecting prisoners to a structured schedule of calls 24 hours a day.

CUSTODY MEASURES

7-17. Custody is restricting a prisoner's freedom of movement by placing physical barriers on or around him. It is maintained within a facility by the presence of guards, walls, fences, protective lighting, alarms, and locking devices. Outside a facility, custody is maintained by the presence of supervisors and guards. Prisoners designated as trustees are afforded custody and control by the conditions placed on their parole agreement.

CUSTODY GRADES

7-18. Each prisoner is assigned a custody grade (trustee, minimum, medium, or maximum) that designates the degree of supervision required to control his movements. The facility commander assigns custody grades to prisoners based on signs of emotional disturbance and instability, history of escape, drug addiction, violence, and access to sensitive material.

7-19. Custody grades are assigned based on the minimum level of control necessary. A custody grade can be changed at any time, and reclassification is based on continual observation and evaluation of the prisoner. Each prisoner is promptly advised of his custody grade.

7-20. For example, each incoming RCF prisoner is assigned a maximum custody grade for the first 72 hours of confinement. During that time, the correctional staff observes and evaluates the prisoner's behavior. At the end of the evaluation period, the staff reviews the prisoner's behavior and assigns the appropriate custody grade.

ADMINISTRATIVE SEGREGATION

7-21. Sometimes, prisoners must be separated from the larger population for more intense custodial supervision. Facility commanders may authorize the segregation of prisoners individually or by groups. Administrative segregation is imposed for the benefit of the segregated prisoner(s) or the prisoner population. Prisoners may be placed in administrative segregation while awaiting the results of an investigation or for protective measures, medical reasons, or homosexual behavior.

7-22. Segregated prisoners requiring increased supervision are placed in close confinement and are escorted when they leave their cells. Privileges for administratively segregated prisoners are the same as those of prisoners not in close confinement. However, exceptions to this requirement are suicidal and disciplinary segregated prisoners (see the facility SOP for details).

7-23. Prisoners placed in administrative segregation can be kept in close confinement 24 hours a day or only at night. They must receive at least 60 minutes of exercise daily and can be employed if the work is consistent with the purpose of the segregation. A qualified mental-health professional interviews and prepares a written report on each inmate who is segregated more than 30 days.

CONTROL MEASURES

7-24. Control is placing limitations on a prisoner's actions and behaviors. It is invoked by the correctional staff's insistence on a state of order and military discipline among the prisoners. Control is sustained by a consistent routine in daily lives. For example, prisoners are routinely required to provide a daily display of their clothing, equipment, and health and comfort supplies. Control is reflected in the disciplined appearance, bearing, and conduct of the prisoners and by their prompt obedience to rules, regulations, and orders.

DISCIPLINARY MEASURES

7-25. Disciplinary measures are imposed on prisoners to correct deviant behavior and to protect other prisoners, the staff, and government property. Abusive measures are not imposed in the ACS. Prisoners are medically cleared before being placed in disciplinary segregation, which may not exceed 60 consecutive days. Prisoners undergoing disciplinary measures are not employed, except to clean their own quarters. They must receive at least 30 minutes of exercise each day if their behavior is manageable. Hand and leg irons or other restraining devices are used during movement outside the cell. Guards inspect prisoners in close confinement according to the facility SOP.

7-26. The imposition of disciplinary measures often begins with an objective disciplinary report. The report presents a detailed summary that addresses the who, what, when, where, why, and how of an incident. The facility commander has several options when he receives a disciplinary report. He may reduce the report to a memorandum of record, refer the prisoner for counseling, refer the case to a discipline and adjustment board, or recommend action under the UCMJ.

PROHIBITED PUNITIVE MEASURES

7-27. The following punitive measures are prohibited:

  • Clipping a prisoner's hair excessively close.

  • Ordering the lockstep.

  • Requiring silence at meals.

  • Requiring a prisoner to break rocks.

  • Using hand or leg irons, restraining straps or jackets, or shackles as punishment. (The FCF SOP gives authority for the use of these devices and specifies the circumstances warranting their use.)

  • Removing a prisoner's underclothing or clothing or using other debasing practices.

  • Flogging, branding, tattooing, or using any other cruel or unusual punishment.

  • Requiring domicile in a tent as punishment.

  • Ordering strenuous physical activity or body positions designed to place undue stress on a prisoner.

  • Using hand or leg irons or belly chains that give the appearance of a chain gang.

EMERGENCIES

7-28. Confinement facilities provide custody and control of prisoners during emergencies (fires, escape attempts, and other disturbances). Develop a formal emergency action plan and periodically review it to ensure that it is complete and current. Properly training custodial personnel and reviewing facilities and restraints can prevent or greatly reduce the possibility of escapes. Escapes result in emergency actions being executed and guards and prisoners taking immediate action according to the facility SOP.

7-29. Disturbances among prisoners may be a minor disorder, a major disorder, or a full-scale riot. Disorders and riots may be spontaneous disturbances or organized diversions for escape attempts. How a facility staff handles a minor disorder determines whether it is brought under control or escalates to major proportions. Disperse prisoners who are involved in a disturbance so that they cannot organize as a cohesive group. Once dispersed, prevent participants from rejoining the disturbance. Identify, isolate, and remove ringleaders from the disturbance as soon as possible.

MOVEMENT

7-30. Prisoners have the best opportunity for escape while being moved from one place to another (outside the facility). Established and stringent custody and control measures reduce the likelihood of escapes. Procedures and techniques for moving prisoners can be modified as needed by the facility commander or the commander directing the movement.

7-31. When a prisoner is in pretrial confinement, his unit is responsible for escorting him to the confinement facility unless custody and control become integrity issues. The unit coordinates with the RCF for a briefing on custody and control procedures, future escort requirements, and the use of force.

7-32. Frisk each prisoner before he leaves the facility. Complete a DD Form 2708 (hard copy or electronic) for each prisoner escorted out of the facility. Move prisoners by motor vehicle, rail, air, or foot (if the distance is short enough to justify it and when other means of transportation are unavailable) (see STP 19-95C14-SM-TG).

CORRECTIONAL-TREATMENT PROGRAMS

7-33. Correctional-treatment programs are based on and tailored to the custody, employment, education, and treatment needs of prisoners. Each prisoner and his treatment is professionally monitored. The goal of correctional-treatment programs is to return prisoners to civilian life as productive citizens or to the Army as productive soldiers.

7-34. Correctional-treatment programs provide a professional evaluation and study of each prisoner and his background. They provide for prisoners' health and welfare, include constructive work that teaches work skills, and administer individual and group counseling and therapy.

7-35. Each program specifies the custody grade and disciplinary requirements needed to achieve goals. The goals can be achieved by receiving no disciplinary reports, being involved in an established correctional-treatment plan, or obtaining other program objectives.

EVALUATION

7-36. The facility commander, in conjunction with an evaluation board, determines a prisoner's custody grade and treatment program by a two-phase system. The first phase is to identify the needs that require immediate intervention, and the second phase is an ongoing evaluation of the prisoner while he is in confinement.

7-37. The board uses the following tools to begin its initial evaluation:

  • The guard's observation report.

  • The mental health's evaluation.

  • The chaplain's evaluation.

  • The medical officer's evaluation.

  • The prisoner's personnel file.

7-38. The prisoner's custody grade and treatment program may change as additional information becomes available during his incarceration. The following aspects are considered and closely monitored during his entire confinement period:

  • Employment.

  • Education.

  • Medical condition.

  • Religious participation.

  • Family and financial problems.

COUNSELING

7-39. Counseling is a process in which behavioral problems are observed and guidance is provided to induce productive, useful behavior. Counseling programs are based on the type, size, and mission of a confinement facility, its staffing abilities, and AR 190-47. At a minimum, counseling is available for problem solving and crisis intervention. The ACS regional facilities and the USDB provide the following:

  • Chemical abuse treatment.

  • Anger management.

  • Stress management.

  • Adjunct therapy (such as Alcoholics Anonymous [AA] and Narcotics Anonymous [NA]).

  • The impact of crimes on victims.

  • Other programs consistent with staffing, professional support, and prisoner needs.

7-40. The RCF primarily relies on counseling/treatment programs available to all soldiers. Installations unable to provide basic regional counseling services request a waiver from HQDA (DAMO-ODL).

7-41. The counseling program in a correctional facility has two goals:

  • Help prisoners set realistic goals and adjust to the confinement environment.

  • Help prisoners gain problem-solving techniques and develop acceptable behavior.

7-42. The facility commander can choose counselors from assigned cadre. When possible, he selects experienced, mature NCOs who do not have a corrections background. He ensures that counselors are oriented to the missions, objectives, and operational procedures of the facility before they begin their counseling duties. Counselors must understand and be able to apply certain principles and concepts of human behavior and social values. They—

  • Believe in the dignity and worth of an individual.

  • Recognize that individuals are different.

  • Understand that all behavior has meaning.

  • Understand that individuals are the result of their environment and life experiences.

  • Understand that attitude and behavior are related.

  • Understand that there are always reasons or causes for changes in behavior.

  • Believe that people have the capacity to change.

  • Believe that people have a right to participate in decisions affecting their welfare.

  • Understand that judging individuals in terms of right and wrong is not within their purview.

  • Are objective and unbiased.

  • Are alert for situations that exceed their capabilities and responsibilities, and if necessary, refer the prisoner for specialized counseling or problem solving.

7-43. Staff members identify and report prisoners who are—

  • Escape-minded.

  • Dangerous.

  • Alcoholic.

  • Drug-addicted.

  • Sexually deviant.

  • Suicidal.

  • Emotionally disturbed (refer prisoners to mental health for evaluation).

7-44. Continuity is essential to a successful counseling program. Ideally, a counselor is assigned to a prisoner and continues to work with him throughout his confinement. The counselor makes contact with the prisoner within 48 hours of his inprocessing. The counselor completes necessary records (journal and worksheet) and initiates a follow-up plan. He maintains a case file on each prisoner that contains a record of counseling sessions, a personal-data sheet, observation reports, or other correspondence. High prisoner morale and the lack of disciplinary problems reflect a successful counseling program. The final test is a prisoner's satisfactory adjustment on his return to society. (See FMs 8-51 and 22-100 for more information on counseling.)

EMPLOYMENT AND EDUCATION

7-45. Prisoners can be employed in tasks that benefit them and meet the needs of the facility. Education activities take priority over work projects. The USDB employment and education programs are key correctional tools for preparing prisoners to return to civilian life. The programs provide prisoners with marketable skills and self-confidence, and they teach the value of self-discipline. Job training opportunities range from unskilled, manual labor to highly skilled trades.

7-46. Close coordination between the facility commander and the garrison commander or his equivalent is maintained to establish worthwhile work projects for prisoners. The facility commander approves work projects and the assignment of prisoners to work projects. The employment section determines the best type of employment for each prisoner. The needs of the facility are considered along with the prisoner's—

  • Education.

  • Aptitude and achievement scores.

  • MOS.

  • Attitude and interests.

RECREATION

7-47. Nonduty activities fill gaps between work and education activities and take up idle time that might otherwise be used for undesirable activities. Encourage prisoners to develop nonduty time interests, and when possible, set up a program to guide and direct nonduty activities. A prisoner's involvement in nonduty activities indicates that he is adjusting to confinement. Note and report soldiers who are not participating in nonduty activities.

7-48. Ensure that prisoners have access to a library and recreation facilities. Based on the commander's approval, prisoner recreation programs may include sporting events, hobbies, motion pictures, videotapes, and religious activities. Encourage prisoners to further their academic education by taking part in the facility's education program or through self-study courses offered by the Army Correspondence Course Program (ACCP).

COMPENSATION, CLEMENCY, AND PAROLE

7-49. Prisoners who respond well to correctional treatment can be rewarded in several ways. The severity of their sentences may be lessened, their sentences may be reduced, or they may be granted greater freedom and more privileges. These rewards help maintain morale, discipline, and welfare.

COMPENSATION

7-50. An inmate who is serving a sentence to confinement (other than a life sentence) can earn time off the sentence term by taking part in selected activities for which extra good-conduct time (EGCT) is authorized. The EGCT is an additional incentive to prisoners who demonstrate excellence in work, education, or vocation. It is awarded at the rate shown in Table 7-1 . Only those prisoners who demonstrate ability, initiative, and productivity and meet the eligibility criteria for their assigned duties are recommended for EGCT.

Table 7-1. Rates for EGCT

Level Description EGCT
1 Prisoners continuously employed 1 to 5 months 1 day per month
2 Prisoners continuously employed 6 to 10 months 2 days per month
3 Prisoners continuously employed 11 to 15 months 3 days per month
4 Prisoners continuously employed 16 to 20 months 4 days per month
5 Prisoners continuously employed 21 to 25 months 5 days per month
6 Prisoners serving as assistant instructors or supervisor assistants (following attainment of Level 5) 1 6 days per month
7 Trustees who have maintained Level 6 for 6 months 2 7 days per month
1 A prisoner (including a trustee) who loses his position as an assistant instructor or a supervisor assistant is reduced to Level 5 or the earning level held prior to elevation, whichever is less.

2 The Level 7 increase is removed if a prisoner is removed from trustee status. He is reduced to Level 6 or the earning level held prior to elevation, whichever is less.

7-51. Additional EGCT can be authorized for participation in community service programs and special projects that support institutional goals or missions. It is awarded in a lump sum and does not exceed 3 days for any event or 5 days in any month.

CLEMENCY

7-52. Clemency modifies the severity of a court-martial sentence and can be achieved through mitigation, suspension, or remission as follows. The facility commander makes recommendations concerning each prisoner's sentence if he has responded in a positive manner to correctional programs.

  • Mitigation . Mitigation lessens the severity of a sentence.

  • Suspension . Suspension is the granting of a probationary period that results in remission if it is completed successfully.

  • Remission . Remission cancels the unexecuted part of a sentence to which the remission applies.

PAROLE

7-53. A parole is based on conduct during confinement or on special circumstances. There are three types of paroles that a prisoner may be awarded—a parole, a temporary home parole (THP), and an emergency home parole (EHP):

  • Parole . A parole serves as a transition between the strict supervision of confinement and the conditions most likely to ensure a prisoner's earliest assumption of responsibilities as a productive, law-abiding citizen.

  • THP . A THP is a temporary release from confinement granted to strengthen family relationships, and it provides incentive and reinforcement to positive behavior and morale.

  • EHP . An EHP is a temporary release from confinement due to an emergency, such as the death or critical illness of an immediate family member or a disaster.

7-54. The facility commander notifies victims and witnesses who are identified in the prisoner's correctional-treatment file (CTF) that a prisoner is being released from confinement (see AR 190-47, DOD Directive 1030.1, and DOD Instruction 1030.2). Notify victims and witnesses by the most direct means practicable before releasing a prisoner on THP or EHP. This allows the victim or witness the opportunity to respond, favorably or negatively, to the proposed release.

CLEMENCY AND PAROLE BOARD

7-55. The facility commander appoints a permanent board that consists of at least three voting members (one officer and two enlisted). He may also assign nonvoting members to the board. The board considers factors involved in a prisoner's request for clemency or parole and recommends acceptance or rejection of the request to the Army Clemency and Parole Board.

CORRECTIONAL STAFF

7-56. The ACS correctional staff consists of dedicated professionals who serve as positive role models for prisoners. Staff members include corrections NCOs and specialists (MP who have entered the corrections career program and received resident training in MOS 95C at the US Army Military Police School). Due to their close contact with prisoners, corrections NCOs and specialists must be firm, fair, and decisive. Their behavior and attitude form an integral part of the correctional-treatment process. Support personnel are experts in areas other than corrections, but their expertise plays an important role in the facility.

CORRECTIONAL-SUPERVISION BRANCH

7-57. The chief, correctional-supervision branch (CSB) (senior corrections NCO)—

  • Assists in the custodial operations of the facility.

  • Supervises correctional and custodial personnel within the facility.

  • Informs the facility commander of matters that affect the custody, control, and security of the facility.

  • Ensures that rules, regulations, and SOPs are followed and enforced.

Guard Commander

7-58. The guard commander—

  • Supervises custodial personnel.

  • Is responsible for prisoner activities during his tour of duty.

  • Monitors custody, control, and security measures.

  • Ensures compliance with the schedule of calls.

  • Initiates emergency control measures.

  • Maintains the facility blotter.

  • Deals with situations involving prisoner admission in the absence of the chief, CSB, and the chief, prisoner services branch (PSB).

Prisoner Control Team

7-59. The prisoner control team NCOIC performs many of the same duties in an I/R battalion module as in a garrison confinement facility. This specialized environment requires the same corrections background to respond to behavioral incidents requiring calm, decisive action. During I/R operations, the NCOIC is responsible for—

  • Security.

  • Accountability.

  • Intelligence. Intelligence is information obtained through observation and reports submitted by guards who are in daily contact with prisoners. The best source of intelligence gathering for the CSB is the guard force.

  • The guard force. There are two types of orders for the guard force—general and special. General orders apply to all guards, and special orders apply to particular posts and duties.

  • Escape prevention. The MWDs can be used to track an escapee, but they cannot be used to apprehend him.

Cellblock Guards

7-60. Cellblock guards—

  • Maintain custody, control, and discipline of prisoners under their supervision.

  • Supervise all activities according to the schedule of calls.

  • Supervise the response to emergency action plans.

  • Conduct periodic inspections, searches, head counts, roll calls, and bed checks.

Close-Confinement Guards

7-61. Close-confinement guards—

  • Maintain custody and control of prisoners who are segregated from the general population due to inprocessing or administrative or disciplinary reasons.

  • Accomplish activities within the schedule of calls, as applicable to the close-confinement area.

  • Conduct 30-minute checks (or 15-minute checks for special-status prisoners) when a DD Form 509 is required.

  • Ensure that all required signatures on DD Form 509 are obtained on a daily basis.

Dining-Facility Guards

7-62. Dining-facility guards—

  • Maintain custody and control of prisoners during mealtime.

  • Ensure that the dining-facility traffic plan is followed.

  • Prevent congestion at condiment and juice areas.

  • Account for silverware before and after a meal.

  • Search prisoners before they leave the dining facility.

Employment Detail Guards

7-63. Employment detail guards—

  • Maintain custody, control, and supervision of prisoners while on details.

  • Ensure that work details are accomplished and safety precautions are observed.

  • Maintain strict accountability of equipment and tools.

  • Assist with frisks and strip searches of prisoners returning from details.

  • Account for prisoners on details according to the schedule of calls.

  • Track prisoners' locations at all times while on details.

Escort and Absent-Without-Leave Apprehension Guards

7-64. Escort and absent-without-leave (AWOL) apprehension guards—

  • Maintain custody and control of prisoners while moving them to and from designated places.

  • May be armed with a pistol if required and authorized by the facility commander.

  • Are qualified with a pistol and trained in the use of force and the ROE.

  • Are trained in firearms safety procedures necessary to transport prisoners by land, air, and sea.

Main Gate and Sally Port Guards

7-65. Main gate and sally port guards—

  • Maintain custody and control of prisoners.

  • Ensure that only authorized persons enter the facility.

  • Inspect vehicles entering and exiting the facility.

  • Inspect packages.

  • Conduct inventories of items entering and exiting the facility.

  • Require noncustodial personnel to register on sign-in logs.

Visitor Room Guards

7-66. Visitor room guards—

  • Maintain custody and control of prisoners during visits by family members and other authorized persons.

  • Detect violations of rules and regulations, improper behavior, and contraband.

  • Position themselves in inconspicuous places and observe conversations rather than listening to them.

  • Identify and report infractions, which may be grounds for terminating visits.

Hospital Guards

7-67. Hospital guards—

  • Maintain custody and control of prisoners while escorting them to and from medical appointments and during hospitalization.

  • Ensure that rooms are clear of contraband.

  • Prevent unauthorized communications.

Tower Guards

7-68. Tower guards—

  • Maintain custody and control by observing specific sectors of the perimeter.

  • Are briefed on the use of force and are familiar with a 12-gauge shotgun.

  • Ensure that contraband is not passed through the fence.

  • Provide protection for compound guards.

TRAINING

7-69. Personnel assigned to a confinement facility are oriented and trained in the procedures of custody and control. The formal training program includes—

  • Supervisory and interpersonal communications skills.

  • Self-defense techniques.

  • Use of force (priorities of force).

  • Weapons qualification (see DA Pam 350-38).

  • First aid.

  • Emergency action plans.

  • Facility regulations.

  • Riot control techniques.

SUPPORT PERSONNEL

7-70. Support personnel in a confinement facility include chaplains, medical personnel, the SJA, and the IG. They perform the same functions as support personnel in a garrison.

PRISONER SERVICES BRANCH

7-71. The chief, PSB—

  • Supervises the administrative concerns of the facility.

  • Maintains records and forms.

  • Computes sentences.

  • Manages property and funds.

  • Processes prisoners for transfer or release.

  • Monitors admissions, services, THPs, EHPs, and the victim/witness program.

  • Advises the facility commander of administrative concerns involving prisoners.

7-72. Some administrative procedures at ACS facilities are unique to confinement and corrections operations. Key procedures include inprocessing prisoners, maintaining records and forms, computing sentences, managing property and fund accounts, and transferring and releasing prisoners. In addition to ensuring the day-to-day functioning of facilities, these procedures have a direct impact on prisoner discipline and morale. A prisoner's first contact with the facility staff is during admissions processing, when he is briefed on the facility rules and his legal rights.

ADMISSION PROCEDURES

7-73. Prisoners begin their confinement by inprocessing. Segregate newly confined prisoners from the main prisoner population until they are processed according to the following guidelines:

  • Check the DD Form 2707 for accuracy.

  • Search and segregate authorized and unauthorized property.

  • Strip-search each prisoner.

  • Issue appropriate health and comfort supplies to each prisoner, and complete DD Form 504.

  • Photograph and fingerprint each prisoner.

  • Complete individual prisoner forms.

  • Inform prisoners of their visitation rights.

  • Arrange for a medical officer to examine each prisoner within 24 hours of confinement, and complete DD Form 503.

CORRECTIONAL-REPORTING SYSTEM

7-74. The Correctional-Reporting System (CRS) is the primary means of information management within the ACS. (See AR 190-47 for more information.)

REQUIRED REGULATIONS AND FORMS

7-75. Each facility must have a complete, current set of regulations covering correctional administration. The facility commander ensures that the facility is part of the publications distribution system. The following regulations and publications must be available:

7-76. Confinement facilities use a variety of forms to maintain records and reports. The following forms must be available:

CORRECTIONAL-TREATMENT FILE

7-77. Establish a CTF within the first 72 hours of confinement, and maintain it throughout the confinement period. (See AR 190-47 for more information.)

SENTENCE COMPUTATION

7-78. Compute sentences according to AR 633-30 and DOD Directive 1325.4. The facility commander ensures that selected corrections NCOs working in the PSB are properly trained to compute sentences. Incorrect computations result in incorrect release dates and can violate a prisoner's legal rights. The rate of earnings for good-conduct time is calculated based on the prisoner's length of confinement, including pretrial time (see Table 7-2 ).

Table 7-2. Rates for Good-Conduct Time

Length of Sentence Good-Conduct Time
Less than 1 year 5 days for each month of the sentence
1 year to less than 3 years 6 days for each month of the sentence
3 years to less than 5 years 7 days for each month of the sentence
5 years to less than 10 years 8 days for each month of the sentence
10 years or more, excluding life 10 days for each month of the sentence
NOTE: If the term of confinement is reduced or if an additional sentence increases the term of confinement, recompute the good-conduct time at the abatement appropriate to the new term of confinement.

PERSONAL PROPERTY AND FUNDS

7-79. Prisoners are permitted to place personal property in safekeeping if it is not authorized for retention by the facility commander. Without an exception, the number of items stored cannot exceed the capacity of a 12- by 16-inch envelope. Account for personal property and funds according to AR 210-174, and place the funds in the prisoners' deposit fund. The facility commander appoints (in writing) a commissioned officer, a warrant officer, or a DA civilian as the custodian of the prisoners' property and funds. The appointee must be bonded as outlined in AR 600-13.

7-80. The custodian safeguards prisoners' property and funds in trust. With few exceptions, any action involving property or funds requires the prisoner's authority and consent. The exceptions to this rule are as follows:

  • The Internal Revenue Service (IRS) can levy a prisoner's personal deposit fund to satisfy delinquent federal income taxes.

  • Property that has evidentiary value is subject to impounding. When the property is taken from a prisoner, disposition is made only by instructions received from a competent authority. (See AR 190-22 for more information.)

  • Property of an escapee is disposed of according to DOD 4160.21-M.

PROCEDURES

7-81. A system of internal controls is used to protect prisoners' property and funds, to ensure the accuracy of records, and to promote efficiency in operations. The custodian and the correctional staff must ensure that prisoners are denied access to property and funds (their own and other prisoners'). Staff members inventory the prisoners' property and list the items on DA Form 1132-R (five copies). (See ARs 190-47 and 210-174 for detailed procedures.)

7-82. Dispose of an escapee's or a deceased prisoner's personal property according to ARs 630-10 and 700-84. The facility commander or the installation commander appoints a disinterested officer to audit the prisoner's personal property. When the audit is complete, the officer signs a DA Form 1132-R in lieu of and for the prisoner.

7-83. A prisoner's sentence determines if and how much he is paid. Prisoners are not allowed to have money in their possession. All money received while in confinement is deposited in the prisoners' deposit fund, which is a trust fund. It contains the personal funds of all the prisoners in the facility. The fund's balance equals the total of the individual accounts on the ledger.

7-84. Take all money from each prisoner during processing. Deposit US currency and US government paychecks in his deposit fund. Prepare a DA Form 1124 (in triplicate) that lists all the money received for deposit, and issue a receipt for personal checks surrendered by the prisoner.

7-85. Deposit all cash receipts in the name of the fund, and make daily deposits when practical. Ensure that checks received by prisoners while in confinement are endorsed immediately for deposit to the fund, and promptly deposit the checks in the bank for collection.

7-86. When a prisoner is transferred from one confinement facility to another, transfer his personal deposit fund to the receiving facility. When a prisoner is released and his personal deposit fund is $50 or less, pay the entire amount to him in cash. If the balance is more than $50, issue the balance of his personal deposit fund in the form of a check.

PETTY-CASH FUND

7-87. The USDB commandant and the RCF commander are authorized to set up a petty-cash fund, which provides prisoners with cash to make minor purchases. The commandant or the commander determine each prisoner's contribution to the petty-cash fund, and the amount is drawn from each prisoner's personal deposit fund. The commandant or the commander sets the limit, in writing, on the amount of money in the petty-cash fund.

7-88. Expenditures from the petty-cash fund may not exceed $50 for anyone authorized expenditures except when the prisoner is released from confinement. When a petty-cash disbursement is made to a prisoner, he submits a DA Form 1128 to the cashier of the petty-cash fund.

MAIL AND CORRESPONDENCE

7-89. The correctional staff keeps a record of each prisoner's mail, correspondence, and authorized correspondents on DD Form 499. They conduct inspections to control trafficking of contraband, money, and valuables. Incoming and outgoing mail is normally inspected but not read. However, it can be read, rejected, or censored if the facility commander has probable cause to believe that it contains plans for criminal activities or escapes, codes or plans for activities in violation of facility rules, requests for prohibited gifts or money, or obscenity. If a prisoner's mail is being censored or rejected, notify him of the decision and provide the author of the letter a reasonable opportunity to appeal the decision. An official, other than the person who originally disapproved the correspondence, decides appeals, and the appellate official's decision is final. (See AR 190-47 for more information.)

7-90. Different rules apply to inspecting and reading privileged mail. Privileged mail can be opened and inspected to control contraband, money, and valuables and to verify authenticity; but it cannot be read. If a letter qualifies as privileged mail, it is usually delivered to the prisoner unopened. If privileged mail is opened, it must be opened in the presence of the prisoner and a commissioned officer, an NCO (E7 and above), or a civilian (GS7 and above). Privileged mail consists of correspondence between prisoners and—

  • The President or his representative.

  • The Vice President or his representative.

  • A member of Congress or his representative.

  • The US Attorney General or his representative.

  • The Judge Advocate General or his representative.

  • The prisoner's defense counsel or an attorney of record.

  • A chaplain or a clergy when recommended by the installation chaplain.

SUPPORT PERSONNEL

7-91. Support personnel aid the correctional process in numerous areas as follows:

  • Chaplain . The chaplain promotes the spiritual and moral welfare of prisoners through worship services; special religious activities; counseling; and emphasis on moral, ethical, spiritual, and social values.

  • Medical activity . The commander of the local medical activity provides medical services for prisoners. Medical services include the services of psychiatrists, psychologists, and social workers. They provide professional evaluations of prisoners and help develop correctional-treatment programs. The medical-activity commander coordinates with the PM and the facility commander to ensure that custody and control measures conform to medical requirements.

  • IG . The IG may assist the facility commander by investigating complaints, allegations, and charges. These actions frequently provide a basis for corrective action and discourage unfounded allegations by prisoners. The PM and the facility commander establish and maintain close liaison with the IG.

  • SJA . The SJA serves as the legal advisor to the commander and the staff. The SJA plays a major role in correctional treatment and administrative activities. He provides legal advice and assistance to the PM and the facility commander, legal assistance to prisoners when consistent with professional responsibility requirements, and official information to prisoners about the status of cases and sentences as prescribed by law and regulation. The SJA coordinates with the US Trial Defense Service, an independent legal organization, to ensure that prisoners have independent legal advice relating to military justice.

  • AG . The AG processes recommendations for administrative elimination of prisoners without a punitive discharge from the service. He advises the facility commander and unit commanders on processes and procedures.

  • Technical service . Technical service provides support to education and employment programs. Work programs permit on-the-job training for prisoners in carpentry, mechanics, painting, and masonry. They may also include skilled tasks required to maintain and operate the installation.

TRANSFER AND DISPOSITION PROCEDURES

7-92. The transfer of a prisoner or a pretrial detainee refers to his relocation from one confinement facility to another to continue a sentence. AR 190-47 provides detailed guidance on the administrative and operational processing required for a prisoner transfer.

7-93. A prisoner or a pretrial detainee is released from confinement only with the proper authorization. At the USDB and the RCF, the installation commander can authorize the facility commander to authenticate DD Form 2718. A prisoner or a pretrial detainee is released for the following reasons:

  • A causal prisoner is returned to his unit.

  • The charge is dismissed.

  • Parole or clemency is granted.

  • Pretrial confinement is no longer deemed necessary.

  • The sentence expires.

  • The sentence is mitigated, suspended, or remitted.

7-94. A confined prisoner—

  • Can be kept in confinement and a new confinement order can be issued if he completes a sentence and has additional charges pending.

  • Is released from confinement if he is adjudged and completes a sentence before determination is made to punitively discharge him. However, he remains subject to military jurisdiction until the sentence is approved and the discharge is executed.

  • Is released from confinement when he completes a sentence that includes a punitive discharge or a dismissal.

  • Is released from confinement if his sentence is mitigated or remitted by the convening authority or another competent authority.

  • Cannot be released from confinement until a release order is executed if a court-martial renders a decision of not guilty while he is confined.

  • Cannot be released from confinement until a release order is executed if the charges are withdrawn.

  • Can be retained under military jurisdiction after release for treatment of an illness or an injury that occurred or was aggravated during military service or confinement.

LOGISTICS

7-95. Confinement facilities provide supplies for prisoners during their incarceration and for the correctional staff during their daily tour of duty. The quality of treatment programs and the morale of prisoners and staff are directly affected by the availability of supplies.

7-96. Unit commanders ensure that soldiers in pretrial status have the necessary clothing when they enter confinement. Prisoners confined in outside continental United States (OCONUS) confinement facilities wear a battle dress uniform (BDU), and those confined in CONUS facilities wear a distinctive prisoner uniform as prescribed in CTA 50-900. Prisoners are also issued two blankets, two sheets, one pillow, and one pillowcase.

7-97. The supply branch issues general and janitorial items to prisoners and staff as needed. Items include mops, buckets, brooms, cleansers, and office supplies.

FOOD SERVICE SUPPLIES

7-98. Food service operations are important for maintaining morale and discipline. Provide prisoners wholesome, sufficient food that is prepared from the Army master menu. Supply them with a full complement of eating utensils (fork, knife, and spoon). Prisoners in close confinement and those who have lost privileges can be denied supplemental rations as described in the Army master menu.

HEALTH AND COMFORT SUPPLIES

7-99. The facility commander ensures that basic supplies are available for prisoners to maintain personal hygiene and comfort. Health and comfort supplies are issued to new prisoners during inprocessing and regularly thereafter. Prisoners request additional supplies on DD Form 504, and they receive the supplies gratuitously if they are in a nonpay status. Basic supplies include haircuts, postage stamps, safety razors, bath soap, toothbrushes, toothpaste, and shoe polish.

7-100. A physical inventory is reconciled and balanced monthly (minimum) with the previous inventory, supplies received, and supplies issued to prisoners. The facility commander or a designated representative verifies the inventory in writing.

SUPPLY SERVICES

7-101. Supply functions in a confinement facility are the same as those in other military units. However, stronger security measures are necessary to prevent certain supplies and equipment from falling into the hands of prisoners.

7-102. Weapons, ammunition, and emergency equipment (protective masks and hand and leg irons) must be stored in maximum-security, locked racks or cabinets in a room that is located away from prisoner areas. Guards draw weapons and ammunition as needed, and the staff keeps records of all transactions. To reduce hazards, set up an area for loading and unloading weapons outside the facility.

MEDICAL AND DENTAL TREATMENT

7-103. The facility commander establishes a close liaison with commanders of local medical and dental facilities to ensure their full support of the confinement facility. He ensures that prisoners receive the same medical and dental care as other soldiers.

7-104. Medical officers or other medically trained personnel conduct sick call, perform emergency medical treatment, and dispense medication. Hold sick call daily at a time that does not interfere with duties and training of prisoners. Medical examinations and treatment usually require using instruments and medications that can cause custody and control problems. Secure medications and equipment when they are not in use, and inventory them frequently.

7-105. Corrections NCOs dispense medication to prisoners in cellblocks, supervise the ingestion or application of the medication, and maintain a medication issue register. When possible, use qualified medical personnel to dispense prescription medication.



NEWSLETTER
Join the GlobalSecurity.org mailing list